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HomeMy WebLinkAboutP&Z MINUTES JULY 07, 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 July 7, 2005 Commissioners Attending: City Staff: Winston Dyer– Chairman Shawn Larsen – Mayor Rex Erickson – Council Member Steven Zollinger – Attorney David Stein Ted Hill Kurt Hibbert – P&Z Director Thaine Robinson Mike Ricks Bethany Caufield – Secretary Joe Laird Mary Ann Mounts Chairman Dyer opened the meeting at 7:00pm. 1. Minutes: June 16, 2005 Mike RicksTed HillMary Ann moved to approve the minutes for June 16, 2005. Seconded the motion. MountsThaine RobinsonMotion carried and abstained. None opposed. . 2. Public Hearings: A. Rezone – Terry Bagley Chairman Dyer noted that this particular issue was once before the commission on an earlier occasion. Because the code was just being adopted and needed some additional information, that particular application was tabled until the requirements of the particular zone had been developed and put forth in the ordinance. Terry Bagley requested to rezone two of his parcels from Light Industrial to Technology and Office Zone. The properties have not been platted yet, and don’t plan to be until they have an interested party so they can develop some lots that will be suitable for that particular use. Kurt Hibbert explained that it includes most professional office type uses, such as computer software, mail order, computer photography and publishers. He also reported that it is immediately adjacent to what is now developing as a very nice business park. It will wrap around the existing Highway Business District Zone where there are several professional offices. It is very much in harmony with the surrounding uses. Chairman Dyer opened the public input portion. In Favor: None Neutral: None Against: None Chairman Dyer declared the public input portion closed. No testimony or written input was given regarding the proposal. Mary Ann Mounts felt it was a very harmonious use of the property. 1 Chairman Dyer felt to match a university setting, technology type development is a very promising economic opportunity for employing university students and others. David Stein moved to recommend to City Council that the Terry Bagley property North of Trejo street be Mary Ann Mounts rezoned to Technology and Office Zone from Light Industrial. seconded the motion. None Motion carried. opposed. B. Madison Hospital – CUP Richard Smith reported that the hospital board made the decision during the past two and a half years to expand the hospital and made economic sense to do it on site. The property north was the property needed to expand the hospital. They worked with and presented to the neighborhood a number of proposals and a request for them to amend their protective covenants to allow the ten homes along the border of the hospital to be purchased and used for the hospital. The covenants were amended and approved by over half of the owners of the subdivision. There was a requirement that there be a landscaped area along the homes that are going to be taken out. It was also agreed that during the construction phase, if they were to be used for insularity purposes, that they only be accessed from the rear. They were successful in getting all of the homes, but one, which is still in negotiation. They have been trying to work with the neighbors and will continue to work with them so that their concerns are taken care of. John Ergman – architect for Madison Memorial Hospital. He explained that they are doing a two-story building which will be aligned with the two lowest levels of the hospital. They had an additional tear of parking on the East side of the hospital, but removed it because there was already enough parking well beyond what the codes required. There will be two four foot fences to shield the lights from the cars in the existing parking. There will be a six foot berm placed next to some of the parking to prevent the lights from shining into the neighborhood next to the hospital. There are no patient windows facing the neighborhood east of the property. They plan to make the East Main entrance a true intersection. The new addition of the building houses almost all of the in patient functions for the hospital. The only other patient functions in the existing hospital, is the family maternity center. The existing hospital, a lot of it, will house what was in the old hospital – 1951 building – which will be torn down. Trucks will still come in at the same route they do currently. There is no intention of bringing truck traffic onto the back side towards the residents. They also plan to put up a Madison Memorial Sign, non-lit, on Main Street. Chairman Dyer asked what the Northwest side of the parking in front of the building was for. John Ergman replied that it is for in-patient parking, same day surgery parking, and emergency parking. Staff will still be parking in the back. David Stein asked how long this expansion will last before additional expansion is needed. Steve Cats, acting as the project manager, replied that the demographic projections that were done still hold up – twenty (20) years. th Joseph Laird was concerned that the road they would like to provide an intersection at (N 4 E), next to the hospital, is too narrow. Steve Cats replied that they have met with staff to talk about that very thing. Staff is very excited to have a much safer intersection. Steve Cats and his staff did not see any need to do any widening to the street because it kind of morphs into the eastern parking lot, or the old hospital. The pavement section there is such that they can continue to re-work and put in new curb and gutter. Thaine Robinson asked if on the berm between the hospital and the neighborhood included sidewalk. John Ergman replied that there will be a sidewalk, but not in the thirty-seven (37) foot buffer. 2 Chairman Dyer asked for more detail and clarity on the thirty-seven (37) foot buffer. John Ergman explained that in the thirty-seven (37) foot area they plan to go from zero (0) elevation to a plus six (6) foot and back down is about a one (1) to three (3) slope up and then back down to shield the neighbors. Chairman Dyer requested they discuss any noise abatement or location of noise producers in their plan. John Ergman explained that they have a generator inside an out building. The mechanical room itself is located in the center of the property. For sound, they are using a central system that will not be heard outside of the building. The generator could be heard, when running, about forty (40) to fifty (50) feet away. Steve Cat commented that they recognize that in order to be a good neighbor; there should be policies so that they are not working too early or too late in the day. Thaine Robinson asked what type of lighting they will have in the parking lots closest to the neighborhoods. Richard Smith confirmed that they would be full cut-off lights. Mr. Steiner commented that they would allow the public to meet with them to discuss any questions they may have. Chairman Dyer opened the public hearing portion. In Favor: None Neutral: Dave Walker commented that he is not against it, but he and his family will be directly affected. He wanted more definitions and answers of what exactly the hospital is going to do instead of just intentions. Carolee Lovell – 473 Morgan Dr. Highlighted points from a letter written by Ron and Jill Anderson – Commissioners had the same letter. They felt the architects should provide an option or two (2) on landscaping that the neighbors could choose between. Mrs. Anderson suggested continuing the landscaping on Mill Hollow behind the hospital as well. They were concerned about whether or not the expansion would be large enough and how long it will take before they had a buffer zone. Howard Randall – 500 Edith Circle. He would like to see some detailed specifications on the buffer and have a couple options for landscaping. He suggested to require the trees to be twenty (20) or thirty (30) feet tall instead of five (5) or six (6) feet tall. He was concerned with the location of the emergency room because they have to go through the parking lot where people may be crossing to get to their car. Claudia Walker - 431 Reed St. She didn’t vote for the change in the covenants. She knows it’s going to happen, but she feels like the neighborhood has been treated like nuisances. She has never had any clear answers to any of the questions she had regarding the hospital. She is concerned with how the children will be protected during the construction phase. Gary Lovell – 473 Morgan Dr. He is concerned with the traffic on all of the surrounding areas. He is also concerned with the noise associated with the generators. Against: None Mary Ann Mounts stepped out temporarily. 3 Written Input: Letter by Ron and Jill Anderson – 419 Morgan Dr. - that was reviewed by Mrs. Lovell as to the highlights. Chairman Dyer declared the public input portion closed on this particular issue. David Stein commented that it is important to keep in mind the issues that need to be mitigated as part of the Conditional Use Permit. He referred to the “Standards Applicable to Conditional Use Permits” in Section 6.13 B, suggesting that these are conditions that should be addressed. He would like to add a condition that the hospital provides a finalized landscape plan that is agreeable to the community. Chairman DyerDavid Stein suggested proposing that they would complete construction of that buffer first. agreed and suggested that some type of temporary buffer be in place also to keep the construction on the other side of the fence. Mary Ann Mounts came back and declared a perceived conflict of interest. She had previously served on the hospital board. Commissioners had no input. She remained on the Commission. Mary Ann Mounts suggested that they hire a landscape architect to find the best option for a buffer. She felt that there should be a construction schedule that the neighbors can look at so they have a timeframe of what is going to happen when. She suggested that there should be no access through Morgan Dr. during construction. Thaine Robinson felt there were a lot of neighbors with unanswered questions from the hospital board. It would be nice if the hospital board would meet with the neighbors and answer some of the questions they might have. Mary Ann Mounts motioned to grant the Conditional Use Permit based upon pursuant to the conditions discussed: - That they have a construction schedule; - That Morgan Dr. will not be accessed; - That they are required to hire a landscape architect to determine the best landscape for the thirty- seven (37) feet to protect the neighbors privacy; - That they have landscaping completed first with mature trees – with staff approval; - That there be a temporary construction buffer; - That the hospital meet with the public on all issues and questions; - That there be completion of the acquisition; - That there be a plan for the use and access of the inter properties – accessing through the rear; - That there be a transportation study for the City on traffic patterns; and - That the standard conditions of 6.13 B in the Development Code be applied. Thaine Robinson seconded the motion. Kurt Hibbert also thought it would be important to have metes and bounds on the limits of the buffer being talked about based on the input received from the one letter; where the buffer is. Mary Ann Mounts amended her motion to include that the landscaping will include the buffer zone on Morgan, Mill Hollow and Reed. If and when the property is vacated on Reed St., the buffer will also include Thaine Robinson that property. seconded the amended motion. Motion carried None opposed. . Mary Ann MountsMike Ricks had to leave due to a previous engagement. temporarily left. 4 C. Comprehensive Plan Map Amendment Chairman Dyer explained that there were four (4)areas proposed for discussion: 1) Up by the North th Interchange; 2) A combination of “a” and “b” on 7 North in the vicinity of the recent Stonebridge Subdivision; nd 3) On 2 East just south of the Courthouse on the East side of the street, and also the portion across Main Street stndnd on the South side; and 4) The next block South between 1 and 2 South on 2 East Street on the East side. Chairman Dyer proposed that they discuss them each individually because of the different aspects of each proposal. Area number one (1): South East of the North Rexburg Interchange Kurt Hibbert reported that the triangular parcel that was a part of the request was currently in the impact area and is precluded; therefore, not on the table for discussion. Currently, the parcels (four (4) parcels) on the Comprehensive Plan Map are zoned Agricultural, Commercial and Light Industrial. The applicant requested the parcels to be rezoned to Regional Business Center. Subsequent to his application, he came in and withdrew his petition for annexation, but still wanted to proceed with the Comprehensive Plan Map change. Chairman Dyer commented that the Commission would like to go ahead and discuss the annexation issue Kurt Hibbert rather than withdraw it. He asked Kurt Hibbertif the property was currently annexable. replied no, because it is not contiguous. In order to be annexed the parcels in between the City limits and the proposed property would need to be annexed as well. Chairman Dyer opened the public input portion. In favor: None Neutral: None Against: None Written Input: There was a letter from Sugar City requesting to deny the proposal. Chairman Dyer closed the public input portion. Chairman Dyer explained that at the time the Commissioners prepared the Comprehensive Plan Map, they discussed at length the area around the interchange, recognizing that the best use of that would be commercial, knowing that some day it will be developed that way; however, for the near term, the vision for Rexburg would be to reduce the tendency for sprawl and keep that area designated as a land use for agricultural. He also reminded the Commissioners that they are under no mandate to have to change the planning that has been affected, even if a request or application is presented. Mike Ricks came back in. Chairman Dyer felt that they would be in a position to deny the annexation. He noted that the area is in question in terms of the influence of the area of impact. Petitions have been made to Madison County by the City of Rexburg and also the City of Sugar City about the control of that particular area. Those issues have not been resolved yet, which would suggest either tabling the motion or denying it because the timing is not right and the circumstances are not conducive to considering a change until those issues are worked out. 5 David Stein requested denying it for now because they need a more concrete proposal before changing the Comprehensive Plan Map, particularly talking about City services and what is going to be there. Growth of commercial is not even approaching that area yet and he did not see any need to change the Comprehensive Mike Ricks Plan Map. supported the idea of denying it at this time until there is a consensus between the three entities – Madison County, City of Rexburg and City of Sugar City. David Stein moved to recommend to City Council denying the request for a Comprehensive Plan Map change Mike Ricks for segment Number One (1). seconded the motion. Motion carried None opposed. . Chairman Dyer directed the discussion to the request for the annexation/rezone. He explained that there are the options of denying or tabling it based on the discussion. David Stein moved to recommend to City Council denying the annexation/rezone request for the particular Mike Ricks parcel. seconded the motion. Motion carried. None opposed. Area Number Two (2): Areas “a” and “b” Kurt Hibbert reported that currently both parcels are zoned Medium Density Residential. The applicant is proposing to change parcel “2a” from a Multi-Family land use to a Single-Family land use, which is the parcel north of the Stonebridge Subdivision. The applicant is proposing to change parcel “2b” from a Residential designation to a Commercial designation, which is the parcel west of the Stonebridge Subdivision. With the change in “2a”, the zones allowed for this could be any commercial zones in the ordinance. Under the old ordinance, it could have been Highway Business District. In the new ordinance, the applicant requested to be rezoned to Community Business Center. With the change in “2b”, only single-family zones would be allowed. David Stein Kurt Hibbert asked what was prompting the change in “2b”. reported that they are anticipating a large scale commercial development, a single tenant that would purchase the property and many of the nd properties on 2 East. Chairman Dyer opened the public input portion. In favor: None Neutral: None Opposed: Jerry Hastings – testified on behalf of the owners of the Stonebridge Subdivision. He highlighted some of the concerns from the BC Stonebridge letter written by Brett Hastings. They felt it was an open ended proposal. The road map on the Comprehensive Plan Map was to step development back into residential. They don’t want to say that they are against it. They just want to know how they can protect the existing home owners (e.g. placing a buffer around the property). To open it up broadly to commercial without having some provisions made is probably the biggest concern they had. Written Input: There was a letter that Jerry Hastings summarized, from BC Stonebridge expressing some of the concerns they had regarding the proposal. 6 Chairman Dyer closed the public input portion of the meeting. Chairman Dyer declared a direct conflict of interest in that he is presently retained by BC Stonebridge to assist David in their development. He felt it would not be appropriate for him to remain in deliberation and asked Stein to act as Chairman. Chairman Stein opened it up to comments from commissioners. Thaine Robinson asked if they could state a buffer between the residential in that area on this zone change, or Kurt Hibbert if that had to be done during the limited use permit. replied that there are existing buffers that define each of the zones. In addition to that, there is a very specific provision dealing with his concern in the Ordinance we just adopted. Under Commercial Design Standards 4.13 #3, labeled “Back and Sides”, it goes through the requirements of a buffer where the façade faces adjacent residential uses. If the Commission feels there needs to be additional requirements, the Standards allow them to do that. Chairman Stein asked what the checks and balances are of a Comprehensive Plan Map change. He was Kurt Hibbert concerned about protecting the subdivision. explained that if the Comprehensive Plan Map was amended, they would have to come in and change the zoning, which requires an additional public hearing. At that point, the Commission may grant or deny according to how that fits in. The control on the buffering is in the Design Standards themselves, not just on the zoning criteria, for both buildings over 25,000 sq. ft. and buildings under 25,000 sq. ft. The Commissioners have additional latitude to put additional requirements on the use depending on each situation. Thaine Robinson commented that if they have the latitude to do that, he would feel comfortable granting this change, as long as it is done project by project. ThaineRobinson moved to recommend to City Council changing “2a” from Multi-Family to Single-Family Ted Hill and “2b” from Multi-Family to Commercial. seconded the motion. Motion Carried. None opposed. Winston Dyer regained the chair. nd Area Number Three (3): On 2 East just south of the Courthouse on the East side of the street, and also the portion across Main Street on the South side Kurt Hibbert presented a map of who had proposed the change out of all that is being proposed to change. Petitioned parcels are cross hatched. Staff added the rest of the parcels because any action would affect them as well. David Stein asked what zones were permitted within the mixed use planning designation, and if there had been Kurt Hibbert any indication from the applicant as to what they plan to apply for and do. explained that there are three zones allowed – Professional Office (PO), Neighborhood Business District (NBD), and Project Redevelopment Option (PRO). As far as the applicants, that varies. There are several that have talked about a PRO zone. PO zone had also been discussed. Chairman Dyer asked if the PRO zone could be requested under the current land use designation without Kurt Hibbert changing the Comprehensive Plan Map. replied yes it can. It can be applied to any zone in the City of Rexburg, as long as it fits. Chairman Dyer opened the public input portion. 7 In favor: Dr. Lovell – one of the owners of the properties in question. He explained that some of the reasons they have requested this is because they have a very congested plaza. They are trying to plan long-term. The existing parking lot is full. Currently, they have no plan; they have not designed anything yet, until they see that there is an allowance by the community. Another issue is that the back parking lot to the Professional Plaza is frequently a playground for children, which becomes a safety hazard. Dr. Lovell suggested making changes for those lots and hiring someone that will make the plans suitable. Robert Collette – owns one of the properties on Main Street on the second block – what was previously the Grover home. He asked that the Commission return to the historic designation of this area. It doesn’t look over run in terms of Commercial development. It looks like there has been some reasonable, thoughtful, work done in the past. He would like to move an existing business to the home that they own there. He owns Rexburg Home, Health and Hospice to that home. It would be an ideal location to be adjacent to the Hospital, where most of their business is conducted. Changing this does not mean that this will happen immediately. He would have to come before the Commission once again, but he encouraged this first step to happen. Neutral: None Against: Don Sparhawk – President of the East Main Neighborhood Association. The properties requesting the change are located in the boundaries of the Neighborhood Association. He read through a letter drafted by himself – given to the Commissioners at this time. He wants to keep the neighborhood residential. He would like to have the City wait five to ten years, and then look at the needs of the area. He would like to preserve the historic homes as Low Density Residential. nd Pat Hinton lives at 55 S 2 E – owned by Mary Burns. She plans on living on the property as long as she is able. She would like to see it remain as residential, and preserve the neighborhood. She knows eventually, there needs to be changes, but would like the City of Rexburg wait and see what happens in that area with Walgreen’s and the Hospital expansion. She did not see a need of having more doctors’ offices if the hospital is expanding. She wondered if there was a way that Dr. Lovell’s property could be expanded to provide the extra parking space, and yet preserve enough of the backyards of the homes. rd Deanne Lindsey – 70 S. 3 E. Read a letter from her husband (Ronald Lindsey) who was out of town on business. He commented that they do not want to move. Some residents are older or physically disabled. They don’t want to risk their homes and futures. He requested that the properties remain residential. nd Ann Marie Harris – 152 S 2 E. She submitted a letter via e-mail that was given to the Commissioners prior to the beginning of the meeting. She would like the area to remain Single-Family. She felt that the area provides a beautiful tree line avenue. She felt the lots are too small to put parking on. She noticed that there are cars everywhere on Professional Plaza and children are running around, acknowledging that it is a problem, but it nd will be a larger problem if allowed to extend to 2 E. She is concerned that it will become very accident prone. Raymond Hill – 328 E Main. Very much opposed to any encroachment on the neighborhood. He wants to leave Main Street like it is. He feels there are plenty of places the doctors can build. rd Jerry Glanville – 17 S 3 E. The neighborhoods they are in are one of the classic homes in the City. Their house is 70 years old, and he has spent a lot of effort in keeping it looking like the neighborhood does. He felt it would not be appropriate to have these beautiful homes anything else but residential. 8 Written Input: Doralie Gambles was opposed to changing it to mixed use. She is hoping they get new homes and landscaping that helps improve the neighborhood. Gary and Bonnie Anderson – Live next to the portion on #4. They are opposed to rezoning and the effect it will have on the homes. They do not want neighborhood districts, or restaurants and they believe there is already an abundance of mixed use. Robert and Kathleen Nelson was opposed to the change in character it would bring. They see that doctors have attempted to make their offices attractive, but they are concerned with the traffic it will bring. They support the position of the Neighborhood Association. Ann Marie Harris highlighted the provisions of her letter. nd Margie Waldron was strongly in favor of leaving 2 E as is for 5-10 years. Rebuttal: Dr. Lovell explained that there are no other offices planned at the hospital. They do have the existing space, but they had to turn doctors down because they do not have the adequate parking. Chairman Dyer closed the public input portion. Thaine Robinson declared a perceived conflict of interest. He had previously served as an ecclesiastical leader Thaine Robinson for the majority of the people in that area. Commissioners had no comments. remained on the Commission. nd Thaine Robinson commented thinking about future usage of 2 E, once the temple does come in, there will thndnd only be two major arteries: 7 S and 2 E. 2 E is also a major artery to the college right now, and with the nd growth of that, it may be stronger too. That might have a need to discuss what may change with 2 E when th there is all of that traffic that stretches clear to 7 S. He didn’t know if that can remain a residential area if that happens. David Stein commented that in the past three years he had served on the Commission, they have spent many hours discussing this area. He felt that it is a very nice neighborhood, but it is also an office area that has been there for a very long time. He explained that they have a tool they crafted last year, a Project Redevelopment Option, that allows customized zoning where there are different needs/desires, but a collective desire to preserve the architectural area, and suggested that be encouraged instead of changing the Comprehensive Plan Map. He felt Mixed Use was too general a solution. Mike Ricks commented that in area number three (3) there are fifteen (15) for the change and nine (9) against; Chairman Dyer 2/3 for and 1/3 against. commented that it shows an area in transition. David Stein moved that they recommend to City Council denying the change to the Comprehensive Plan Map for area three (3) from residential to mixed use, but strongly encourage the Neighborhood Association and Thaine property owners requesting development to get together and use the Project Redevelopment Option. Robinson seconded the motion. Mike Ricks commented that on the portion where the majority wants to change the Comprehensive Plan Map, then that is what should happen. 9 David Stein felt that it doesn’t have to be either or. The PRO zone talks about creating a well-planned architecturally design development that meets the needs of the community. He is concerned that if it is changed to mixed use, they won’t get the development they want; they won’t have a say as a community and Planning Chairman Dyer and Zoning Commission on how it develops. agreed and felt that it is an area that is definitely in transition. Ted Hill would like to see it turn to mixed use. He felt there would be a lot more control if they redesign the whole area instead of coming in individually. David SteinThaine RobinsonJoseph Lairdin favorChairman DyerTed Hill , , and were of the motion. , Mike Ricksnot in favorMotion did not carry and were of the motion. . Mike Ricks moved to recommend to City Council that they do have the Mixed Use Zone change on the Ted Hill Comprehensive Plan Map on that particular area. seconded the motion. Mike Ricks explained that he made the motion because 2/3 is for it and 1/3 is against it. David Stein didn’t feel it was a popularity process. The Comprehensive Plan Map and the long term vision of that is some type of residential or as it states now. Where it is now, it is changing. He felt they should not Chairman Dyer ignore the change, but work to improve it. clarified that for as long as there has been a Comprehensive Plan there, that area has been designated for office type use. When they went through the Comprehensive Plan and did the public involvement, they came out with a map that showed that. It was changed then by the City Council back to strictly residential, and was then adopted. Chairman DyerTed HillMike Ricksin favorDavid SteinThaine Robinson , and were of the motion. , , and Joseph Lairdnot in favor were of the motion. Motion did not carry. Thaine RobinsonJoseph Laird moved to recommend to City Council tabling it for further discussion. seconded the motion. Motion carried None opposed. . Five minute break. stndnd Area Number Four (4): The block between 1 and 2 South on 2 East Street on the East side. Chairman Dyer commented that they should try to capitalize on things that were previously discussed that would be applicable to Number four (4) in order to shorten the discussion as much as they can. Kurt Hibbert commented that in Section Four (4), the parcel on the northwest corner had withdrawn the application. Chairman Dyer opened the public input portion. In Favor: Bonnie Anderson explained that she recently moved to Kanab, Utah. On the master plan, it is zoned R1 as well nd as on the Comprehensive Plan Map. She felt that S 2 E is so busy now. Not one offer was given for a single- family residence. She commented that no one wants to build a new house in an old neighborhood; it is not the best use of the land. She felt it needed to be changed because R1 is not even feasible for the property. She 10 would like to see small professional offices in that area. Mrs. Anderson felt more and more doctors are needed in that area because there are not enough people to cover it. There are a lot of commercial buildings that look more like houses that have pleasing aesthetics. She felt she was unable to do anything with the property unless the master plan is changed. Ralph Kern – 158 Harvard. He is a property owner of the same area in question. He is looking for a cooperative compromise. He sent a letter to the Commissioners as well as handed out another page during the meeting with signatures on both. He said that 75% of the land owners agreed to the points he was about to discuss: They support the development of the long vacant property. They were concerned that the Mixed Use Zoning was really broad and provides things that need to be prevented. They don’t want Medium to High Density Student housing, Neighborhood Business District, restaurants, and most were opposed to having medical professional offices. He supported the idea of a Project Redevelopment Option. He liked the idea of having an attractive patio home type of block that is consistent with what it was to begin with. nd Steve Hurley – 141 S 2 E. He commented that the property has been blight for many of years, for those who have been trying to make their property nice, it is terrible. He agreed with what Mr. Kern said. He would ask that if anything is done, that the Anderson’s be required to keep their property well kept. Sid Muir lives on the corner of Harvard. He had been the one keeping the weeds down, with the exception of this year. He agreed with the proposal for a Mixed Use just because he is tired of keeping the weeds down. He felt no one will build a new house there. He commented that if they put offices that could possibly leave the nd houses down 2 E there so the doctors wouldn’t have to expand that way. Neutral: none Opposed: Don Sparhawk commented that he agreed with much of what Mr. Kern had proposed. With the addition of the temple, this older residential area will become an even more desirable place to live. He recognized an increase nd in traffic on 2 E and knew some homeowners would like other options for their property; therefore, it is their recommendation to have this neighborhood kept residential in nature. He does not want any retail there. He would like to see strict controls on this area, including architectural controls. He felt the PRO zone, which is already allowed, could be a toll in helping the Anderson family, and protect the Neighborhood and the entire City. nd Linda Walker – 120 S 2 E. – right across from the Anderson property. She felt that it is a beautiful tree-line street. The vision of the City, when they put in all of those beautiful maple and birch trees was more like a neighborhood than an office building; more of a historical area. Anne Marie Harris felt that the vacant lot is such an eye sore. She suggested that it be cleaned up and maybe have patio homes with small lots. Jennifer Rock – 174 Rosewood Dr. She had concerns because the area seems like a gateway to her own community. She would hate to see commercial creep up to the elementary and Smith Park. She was also concerned about the traffic and felt that residential is more appropriate for the area. Written input: Doralie Gambles was opposed to changing the Residential Zone to Mixed Use. (She was originally an applicant, but withdrew). There was a letter from Mr. Kerns that he highlighted during the public input portion. 11 Robert and Kathleen Nelson did not want to see that type of development in that area. Ann Marie Harris provided a letter and testimony of not wanting to see those potential types of uses. Margie Waldron was in favor of leaving it how it is for 5-10 years. Chairman Dyer declared the public input portion closed. Thaine Robinson declared a perceived conflict of interest for the same reason as in Area Three (3). Thaine Robinson Commissioners had no comments. remained on the Commission. Chairman Dyer commented that this area may be an area in transition, but it is still undetermined. Talk about common themes of the cottage type development and smaller homes that would fit perfectly under the PRO Zone. He felt the time may not be right for considering any change. He would rather see it go straight to a PRO Joseph Laird zone in this particular case since it is deeper in to Residential Neighborhood. agreed with what Chairman Dyer indicated. Mike Ricks felt the best way to solve this problem would be to put something on it. He felt that there should be a different type of housing in that area and would be in favor of them going to the PRO zone on that particular block. David SteinThaine Robinson and agreed. David Stein moved that they recommend to City Council denying the application for the Comprehensive Plan Thaine Robinson Map change for Area Four (4). seconded the motion. David SteinThaine Robinson amended his motion to encourage having a PRO zone. seconded the amended motion. Motion carried None opposed. . 3. Unfinished/Old Business: A. Valley View Estates – preliminary plat Bart Stevens reported that they included in the Preliminary Plat the water and sewer line sizing, as was the request of the Commission in their previous meeting. They met with Mr. Millar. There was a concern on the North side as sunrise continues to the west as to the width of that street, and if there had been a decision on the width. Mr. Millar indicated that that would be one hundred (100) foot right of way, which would include a fifty (50) foot right of way as their half of it. Contouring was put in place. Other things that were missing were lot dimensions, which are now included. Joseph Laird commented that where they are coming down with the right of way, he felt that it will need to be curved so that it does not cut into existing homes. Bart Stevens discussed that with John Millar. The only problem is it will have to come off of the church or Crest Haven. There was also a grade issue, coming off of the back of the church property. There are several little issues right there that have to be resolved, including placement of fire hydrants. 12 Chairman Dyer addressed a comment from Public Works that said that not only will there have to be 68 ft. of right of way there, but this development will have to construct the entire Morningside Street. Bart Stevens commented that John Millar did address that to him and they agreed to do that. Mike Ricks asked if the City is still going to use part of Morningside Dr. at the bottom of that hill, so it can go south. Bart Stevens said yes and explained that the homes on Morningside Dr. to the south can now exit this way instead of having to go through Poleline Rd. Chairman Dyer addressed another comment regarding subdivisions over one hundred (100) lots being required to offer ten (10) percent of the land area to the City for park space. Bart Stevens said that they are willing to work with that. They have added an additional detention on the bottom of the property on Morning Side and they had one on the South side to help handle that storm drainage. Chairman Dyer asked how he might propose to offer at least ten (10) percent to the City for park space. Bart Stevens explained that they would have an interest to create a buffer between the college property and the residential neighborhood, to the bottom of the entire property on the west side. That would be the most logical place. Chairman Dyer commented that Mr. Millar indicated that he didn’t want these cul-de-sacs for snow removal. Commissioners discussed last time that they were fairly flat and kind of run with the contours. He asked if he had any discussion with him. Bart Stevens explained that he hadn’t discussed it with Mr. Millar. The reasons those are still there are because there were comments made that there were other subdivisions recently approved with cul-de-sacs. Kurt Hibbert explained that he had talked with Mr. Millar. There is a high demand for cul-de-sac lots. The result was that he did not have preclusion against cul-de-sacs as long as they have adequate storm drainage. David Stein asked what the process for the City talking about having a park so that it can be worked into the Kurt Hibbert plans at the best location for the citizens of the area as well as the development. explained that on the last Comprehensive Plan Map, there was actually a purple dot where there was a planning designation to the east of this that there should be a park somewhere in that area. He didn’t think it was carried over to the new Map, but probably the best mechanism is that our Council representative takes that back to City Council and let them find out what opportunities the City has, financially. Chairman Dyer commented that in the past developers were asked to donate that property. Ted Hill commented that he liked the looks of it and would like to see the cul-de-sacs left in there. Joseph Laird approved the Preliminary Plat based upon the approval of the various City Departments and with the North right of way line of Sunrise Dr. curbing south it connects into the existing North right of way line of Sunrise Dr. through the Crest Haven Subdivision. Mike Ricks seconded the motion. Chairman Dyer suggested adding the recommendation regarding the park situation is worked out with Staff or David Stein City Council. agreed. He felt a resolution needs to be done on the park or at least a mechanism to talk about the acreage and placement of a park so that some of the impact fees paid on the development get funneled to developing the park as opposed to just designating it. 13 Joseph Laird amended his motion to indicate that there needs to be some discussion between the Planned Developer, City Staff and City Council as to the location of a park within this subdivision if they deem such is Mike Ricks needed. seconded the amended motion. Motion carried None opposed. . 4. New Business: A. Petition for Approval from Commissioners for a hot dog stand in a residential neighborhood. st Mr. Morin presented his proposal. He brought pictures of the proposed location. It will be on the corner of 1 W 3rd S across from the Hart building on campus. It will be in the parking lot area of the Normandy Apartments. There are trees that surround it. It is a blank space and is not being used as parking. He talked to Virginia Pratt, the owner of the property and she said she would be willing to lease it out to have a hot dog stand, with approval of the Commission. It would have hot dogs as well as Sno Cones. He spoke with a lot of the local residents and they had no problem with it. One tenant was concerned with trash. The employees will be responsible for taking care of the trash. Another concern was the increase in traffic. There is already high traffic on that road and those are the people they want to sell the concessions to. The third issue was noise from the customers. Where it would be placed is a reclusive location and it wouldn’t be open late at night, only during the day time where people will be out. Another possible concern might be an eye sore for the area. It will be a brand new building and well kept. Thaine Robinson asked what the dimensions of the building are. Mr. Morin replied that it will probably be about six (6) feet by twelve (12) feet. Thaine Robinson asked how they plan to get electricity and water there. Mr. Morin answered that it will be going off of gas; there is a gas grill for the hot dogs. They are proposing to sell Sno Cones. They will need power for that and they were going to work that out with Virginia Pratt later. As for now, they are just going to sell hot dogs. Thaine Robinson asked if it will be open all year round. Mr. Morin replied that they were thinking of selling hot chocolate in the winter, but if they decide not to use it, it will be taken down. Chairman Dyer asked if he had checked into the zoning issues, if it is a permissible use in this zone. Mr. Morin said that he talked to Kurt Hibbert about it and it was said that it needed to be presented to the Commissioners. Chairman Dyer explained that although it is a small business and kind of a neighborhood thing, the current code in the City does not allow for such a thing in that particular zone. The code does allow for a variance under certain circumstances. (Chairman Dyer read through the variance section in the code). David Stein didn’t think there was really anything the Commissioners could do. It didn’t seem like they could grant a variance. He felt it was a great idea, but according to the zone, if it were to go to a public hearing, the Commissioners would not be able to approve it. Chairman Dyer agreed. He suggested that Mr. Morin find a place that it will apply. No motion was necessary. 5. Enforcement: 14 A.Valley Wide Co-op Kurt Hibbert summarized Bill’s report on that. There was discussion had on the location of outside storage. There was nothing in the motion of the approval of the site plan that specifically delineated or precluded any outside sales and display out in the parking area. However, in the review of the overall site plan on the parking requirements for the structure, it is in violation currently because of the magnitude of the outdoor storage. He has obscured enough parking that he is truly below the minimum standard for parking. Chairman Dyer clearly our intent was not to create a bone yard. He had received additional complaints about the situation. They’ve added lights out there for security reasons, but they are over shining their bounds into neighbors’ houses. There is overnight parking going on, contrary to what was discussed. The City insisted on a buffer of trees there along the canal to buffer that from the adjacent residential area across the canal. One of the new developments that had gone in there has torn out the trees and disrupted the irrigation line that feeds the other trees. Steven Zollinger commented that they will have to come into compliance. He will sit down with Bill and come to a conclusion. B.Enforcement report: for Commissioner’s review. 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