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HomeMy WebLinkAboutP&Z MINUTES SEPTEMBER 01, 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 planning@rexburg.org September 1, 2005 Commissioners Attending: City Staff: Winston Dyer– Chairman Steve Zollinger – City Attorney Joe Laird Mary Haley Kurt Hibbert – P&Z Administrator Randall Porter Mike Ricks Bethany Caufield – Secretary Bill Johnson Mary Ann Mounts Thaine Robinson Chairman Dyer opened the meeting at 7:03pm Roll Call 1. Minutes: August 18, 2005 Mary HaleyRandall Porter motioned to approve the minutes as amended (see packet from August 18, 2005). Motion carried seconded the motion. None opposed. . 2. New Business: A. Preliminary Plat for Trejo Professional Park Terry Bagley explained that this was a continuation of a project started a little over a year ago. The seven (7) lots bordering the property were recently rezoned to Technology and Office Zone. They plan to finish the street to make a complete loop. One of the things requested by the Commission was to have access to Melaleuca. There will be an access on the northeast of the property that will be for Emergency vehicles only. He commented that they might need to create some type of signage saying it is not a designated through street. Chairman Dyer asked if the street through Melaleuca was a dedicated right of way. Terry Bagley replied that it wasn’t; it was part of the parking lot. Chairman Dyer asked what type of agreement he had with Melaleuca using their access. Terry Bagley answered that they do not have any agreement at the present time; he owns the property. Chairman Dyer asked about dedicating an easement to the City. Terry Bagley asked if the City needed an Chairman Dyer easement. replied that legally, the City cannot take a fire truck through there; that’s private property. Joe Laird arrived at 7:13pm Randall Porter asked what the dark line that ran through the northeast corner was. Terry Bagley replied that it was a ditch that had been filled; it is no longer there. Deliberation: 1 Commissioners had two major concerns: 1) even though there are two (2) accesses, there is only one (1) access provided for public use; and 2) there needs to be some sort of agreement for City Emergency Services to use the northeast access. Kurt Hibbert commented that he would not like to see the northeast access gated due to problems with other places in the past. Bill Johnson asked if they could add signage like they do on turnouts that say “Authorized Vehicles Only” so Chairman Dyer that the public would know that the northeast access was not a public access. replied that it could be an option. Randall Porter asked if Mr. Bagley saw a potential problem by dedicating the northeast access a City street. Terry Bagley was concerned that if it became a dedicated City street, the snow removal would not be taken care like it presently is. Thaine Robinson asked if there were other options for another street. Terry Bagley explained that he did not see any other options; he does not own the property to the West or South of the parcels in question. Chairman Dyer commented that they did indicate in the first meeting that he needed a second access; he was struggling with what form that should be. Mike Ricks arrived at 7:41pm. Chairman Dyer reviewed the staff comments and noted that no one on staff's end had really commented on the issues the commissioners brought up. Terry Bagley suggested tabling the proposal until he had a chance to work out an access agreement with the Joe Laird Fire Department. thought that would be fine, but he suggested having the Fire Department, John Millar and Stephen Zollinger working together to make sure everything has been covered, including showing a second access coming to and from the subdivision. Chairman Dyer chair would suggest to table subject to the applicant’s opportunity to meet further with the City and the fire dept and instruct staff in that motion to see if we can get them together as Joe Laird had commented. Mary Ann Mounts Randall Porter made that motion to include all of what Chairman Dyerhad said. seconded the motion. None opposed. Motion carried. 3. Non controversial Items Added to the Agenda: A.Two sections to be revised for the Design Review Committee Kurt Hibbert commented that the requirements for the Design Review Board are not being fulfilled. Currently, the Ordinance requires two (2) professional and two (2) nonprofessional members; one (1) of the professional members being an architect and at least one (1) landscape architect or landscape designer. Chairman Dyer suggested toning it down to say it is recommended to have a design professional. The design professional brings prior practice and experience into that situation that can be used in problem solving and negotiating. It is more for a generation of ideas and solutions. 2 Stephen Zollinger commented that the goal when putting it together was to create a committee similar to what used to be the IBC Committee; the Building Code Committee. He felt the problem was that it initially was created within the Planning & Zoning because they could, but the ordinance did not necessarily intend it to be Planning & Zoning exclusively. There may be a subcommittee of the Planning & Zoning that would make recommendations to the Commission, but the Design Review Board should be more along the lines of engineers, architects, landscape people, reviewing the technical diagrams for compliance and then making a recommendation that in fact it complies. Chairman Dyer commented that we’ve asked these people to step out of their ordinary lives and come and be “Planners” and he wouldn’t want to diminish their opportunity for input and service in that regard. Stephen Zollinger stated that was what the intention was; this board could serve as the non-professionals. The Design Review has evolved into a highly technical analysis. Part of what the City signifies compliance in the Design Review is almost more of a building code than a planning issue. Chairman Dyer suggested that the very last word “Architect” be replaced with “Design Professional”. Kurt Hibbert commented that there was a desire on the part of some of the developers to have a professional look at the plans at some level. There was some lengthy discussion from the City Council on not creating another level of government. They wanted this board to serve as the primary members of that if not, are the exclusive members of that. Stephen Zollinger suggested that if what the Commission wants is what was then being discussed, the language should be re-written to reflect that the Design Review Committee shall be a subcommittee consisting of members of Planning & Zoning who shall consult with the Building Department as to technical compliances. Chairman Dyer suggested looking at the Commission first and then having at least one (1) design professional on the board. Stephen Zollinger felt it was a viable solution. He suggested also including that the Committee may consist of completely different members so that there are no hard feelings if the members are changed. Chairman Dyer suggested to change the language to indicate at least one (1) design professional, and then the committee can be made up of members of the P&Z Commission or other qualified or interested parties and change “architect” to “design professional” to keep it as open as possible. B.Design Review Committee Meeting on the Proposed Mountain Archery Building Commissioners discussed the Design Review Committee meeting that was held August 24, 2005. (Minutes of that meeting are in the August 18, 2005 P&Z packet). st C.1 Reading of Development Code Bill No. 939 Kurt Hibbert reported that the City Council read for the first time a Bill that will include various amendments to the Development Code. Amendments are listed as follows: ? Language Clarification on the Area requirements for Multi-Family Units in MDR Zone ? Integration of the Sub-Division Ordinance as a Chapter in the Development Code ? Integration of the Cell Tower Ordinance into the Development Code 3 ? Integration of the Mobile Home Ordinance into the Development Code ? Elimination of Separate Parking Lots as an allowed use in LDR1 & 2 Zones ? Integration of the PRD Ordinance into the Development Code ? Integration of a new Residential Business District Zones into the Development Code ? Integration of Amendments to “Chapter 8 Impact Area Regulations.” Update document to reflect existing impact area boundary descriptions. ? Amendments to LDR3 Zone providing for Town-home, Twin-home and Condominium development. Another item that will need to be added to the readings by City Council is “Integration of the Sign Ordinance as a Chapter in the Development Code”. Kurt Hibbert commented about one other thing that Mr. Porter brought up; there was a lot of discussion about owner occupancy of homes. He asked if the Commission could require that in a Conditional Use Permit for LDR zones, there is owner occupancy. Stephen Zollinger replied that in his opinion, they could not. There are numerous communities that are trying it right now. The only cases that have been ruled on thus far are two (2) that are working up to the Supreme Court. They are both in the status of being disallowed. Those communities are now trying to go to the US Supreme Court. Mary HaleyStephen Zollinger asked if it was legal for the covenants of an area to say that. replied that it is private property, and they buy into that when they buy the property, but it would be tough to retroact. Stephen Zollinger commented that anything you do as a Planning & Zoning, you have to show that it serves a broad public purpose. No one has come up with a permissible way to articulate that owners take better care of their homes because some don't. D. Letter written by LaRae P. Clarke Kurt Hibbert reported that there was a letter that had to do with the Public Hearing on the Comprehensive Plan changes in the City Council Meeting a few weeks ago. One of the applicants did follow up with the property owner that was opposed to the proposal and had a visit with her. She wanted to make everyone aware that that did take place and what her desires were. This was regarding the Home Health man that wanted to buy the corner house on the street that Don Sparhawk lives on; the Keith Grover home. He said in the hearing that he was going to visit her and talk to her about what his plans were. Meeting adjourned at 9:35pm 4