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HomeMy WebLinkAboutP&Z MINUTES OCTOBER 06, 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 October 6, 2005 Commissioners Attending: City Staff: Rex Erickson – Council Member Kurt Hibbert – P&Z Administrator Winston Dyer– Chairman Bethany Caufield – Secretary Mary Haley Randall Porter Stephen Zollinger – City Attorney Ted Hill Thaine Robinson Note: Due to not having enough Commissioners to constitute a quorum, they could not make any official decisions, but they could discuss issues. Chairman Dyer opened the meeting at 7:07pm. ROLL CALL - Joseph Laird, Mike Ricks, David Stein, Charles Andersen, Mary Ann Mounts were excused. 1. Minutes: (September 15, 2005) Postponed until the next meeting 2. New Business: A.Concept Plan for Tom Goe – at the Teton Drive-in Theatre (seeking input with no motion) Dave Noel– Forsgren Associates – representing Tom Goe. He requested allowance to submit an application for a zone change in the location where the Drive-in Theatre is. The current zoning is Low Density Residential 3. It is master planned to be zoned as Commercial Land Use. Mary Haley arrived at 7:12pm Chairman Dyer asked what would happen after the zone change. Dave Noel explained that currently it is a theatre. The only zone that allows for a zone in the City’s Ordinance that allows for a theatre is the zone they want to change to. Currently, there is a use on the property that is not consistent with the zone. This is a Concept Plan. The buildings are just for place holders. He understood that the City has some new architectural requirements; those things are not represented on the Concept Plan. He explained that there are storage units, a golf course, commercial shops, and landscaping areas as a buffer from the highway. There are a couple reasons for the landscaping one is for safety, and also to separate those buildings and the pedestrian activity from the traffic of the highway. According to the Ordinance, the amusement is included in the zoning they are requesting to be changed to. The golf course is also permitted; however, the storage units are a Conditional Use. Chairman Dyer asked how far away from the frontage is the back of the property line. Dave Noel replied that it is about 400 ft. Ted Hill asked if there are residential properties on both the North and the South side of the property. Dave Noel explained that on the N side, the zone they would like to change to extends past the property, and on the S 1 side, it extends about half; the other half (the back half) is Residential which continues through the East side of the property. Thaine Robinson asked what the intent was of the shops on those first two (2) rows. Dave Noel replied that he was not aware of a specific retailer that is in mind, but just commercial shops; retail shops where anything from food court items to art, etc. will be sold. Thaine Robinson asked he knew how many, or if it depended on how much of the building they want to purchase. Dave Noel replied that it depended on how much they wanted to lease. Randall Porter asked who owns the property. Dave Noel replied Tom Goe. Mary Haley asked if he was aware that the Ordinance supports having the parking behind the building. are you aware that we like having the parking behind to have the building closer to the road. Dave Noel replied that we could do that. He explained that the exact location is these buildings could move closer to the highway with parking behind. That would provide a little more buffer zone to the go carts. We would certainly want to conform to the City’s latest architectural issues. Staff Review: Kurt Hibbert reported that it is in conformance with the Comprehensive Plan. The zoning would determine a lot of different things, such as determining the setbacks and various design requirements on the parcel. This would be considered a preferred land use. Chairman Dyer Kurt Hibbert asked why this parcel is zoned LDR3. reported that it was done because they were planning a residential type subdivision that was a little denser with smaller lots originally. Discussion: Thaine Robinson felt that it would fit better than what it currently is zoned. Mary Haley felt the zone was compatible. She was concerned about the noise issue with the go carts since there will still be homes on the East and part of the South side of the parcel. Randall Porter was concerned with light trespassing onto adjacent homes. Chairman Dyer explained that he would support the concept. There are some site plan issues and some conditional uses that need to be looked at, and according to this there will be some architectural standards that will be implemented. It sounds like there is fairly good consensus towards supporting a proposed zone change, although there will be some work to be done with the Site Plan after that. Kurt Hibbert commented that because this parcel is within a half mile of Sugar City’s impact area, we need to make them aware of the request for a rezone. 3. Non Controversial Items Added to the Agenda: A.Madison School District – Nick Holmes Nick Holmes - representing the School District. He was requesting to have a variance to have a six (6) foot wall – instead of a three (3) foot wall. He explained that there were some concerns about the student safety at 2 nd Adams Elementary School along 2 E. The School District is proposing to build a block brick wall along that roadway, stopping about sixty-five (65) feet of the intersection and turning back into the school; fifteen (15) feet from the roadway. Mr. Holmes commented that this is the busiest road in Rexburg. During recess, the children play all along the fence by the road. The School District is afraid that they will someday have a vehicle veer off onto the property. Their biggest concern is the traffic moving into this property. He realizes that the policy asks for a three foot wall and anything above that being see through. He explained that a secondary reason for putting a wall here is the visibility of the children from the population. They are concerned that someone will be observing the children, which many of them walk home alone after school. One of their main focuses is security. They have already locked down (lock the doors during school) all of the Middle Schools and the High School. He commented that there was no problem as far as blocking drivers’ views. Thaine Robinson asked what the reason was to have a six (6) foot fence as opposed to a three (3) foot fence. Nick Holmes explained that a big truck could bust through a three (3) foot wall pretty easily; it wouldn’t stop a semi truck. Chairman Dyer asked if they ever had any incidences of someone going through the fence. Nick Holmes replied not at this time, but the traffic is increasing. Randall Porter commented that there had been some kids along that street that have been hit by cars in that area. Nick Holmes commented that this is their only school that is flat in the middle of a major traffic zone. Staff Review: Kurt Hibbert explained that staff could not approve this under the City’s Ordinance; it would simply not be allowed. The School District wanted to go beyond the next level of staff analysis and see if the Commission could come up with something that would accommodate this or accomplish this same desire. Chairman Dyer asked if the concepts are met, is it open for negotiation as to how it is done. Nick Holmes replied absolutely. Discussion: Thaine Robinson had no problems regarding the safety of the kids. The second issue is that this is one of the major corridors of the town and to put up a six (6) foot brick wall, it will take away from the visual aspect of the City tremendously. Chairman Dyer felt that a berm with a shorter wall at the top where you get some greenery and some setback would be better. There will be some more maintenance. He concurred with Mr. Robinson. Randall Porter thought a wall could be a decorative thing too; it doesn’t necessarily have to block and hide the school. If it is done with some features, some jogs and trees planted in the jogs, it can be done effectively. Mary Haley was thinking of a shorter fence with a berm behind it so there is still the visual openness. 3 Ted Hill asked how far the fence would sit back from the sidewalk. Nick Holmes explained that it would fit right on the sidewalk. They would probably remove the sidewalk and put in a new sidewalk. Chairman Dyer suggested to have the Design Review Committee sit down and try to negotiate some solutions as a start, or alternately, a proposal can come directly before the Commission. Kurt Hibbert commented that the only thing he could come up with would be like a highway divider (concrete structure) only three (3) feet tall and then be fifty (50) percent see through up above, that type of construction would meet the intent of the ordinance. Thaine Robinson felt it was a design issue more than anything. They would still like it to look like a school and not a penitentiary. Chairman Dyer commented that the Design Standards Review Committee is probably the best mechanism. He commented that the Committee agrees with the concerns, but he would like to discuss maintaining the presentation and aesthetics of Rexburg and the City’s major traffic corridor. st B.Ryan Rasmussen – 407 W 1 N - Request to have the P&Z Commission discuss rezoning from MDR2 to HDR1. Ryan Rasmussen - 226 W 6300 S – administrator of three (3) of the Homestead Assisted living facilities owned by Dave Thueson. One of the projects they are looking at is assisted housing. There is a big need for transitional housing right now. One of the things they are seeing is the transition period in between living with their family at home and then coming directly to an assisted living center. They are trying to create a transition period where having assisted housing would fulfill that intermediary facility which can range from six (6) months to ten (10) to fifteen (15) years. They want to have a transitional stage where they don’t have to worry about their homes and landscaping and it would create a more centralized community. The property is currently owned by Dell Ray Barney. The property southwest of the proposed parcel is zoned HDR1. We want these places to be very attractive; feel homely; to bring something to the Community. st Chairman Dyer asked if it would be accessed off 1 N. Ryan Rasmussen confirmed that it would. Ryan Rasmussen explained that he was open to suggestions. They are in a different area than the apartment complex, Main Street Station. They can have up to thirty (30) residents. Right now, there is one (1) car from the residents and he doesn’t drive it. Visitors to come, but ninety (90) percent of the time there is one (1) car in the parking lot besides the employees. Another benefit would be that they would offer the amenities. They need help, but they don’t need a whole 24 hours of assistance. There would be a park in the middle of the housing and an activity area available for them. Thaine Robinson asked if they would be able to go outside or stay inside. Ryan Rasmussen explained that their competition would be Brenchly or Teton View. His vision is to make it look homier. The road would be along the outside with the facility and activity center in the middle, much like a European Park – houses lining the outside with a park in the middle. That would increase the safety for the Seniors. They would try to do something with the walkways – have a cover or heated coils – so that the ice is not an issue. 4 Chairman Dyer asked why the request to change to HDR1. Ryan Rasmussen explained that they are very small units. Under the current zoning, they could fit twenty (24) units, leaving them with a lot of space. With HDR1, they could increase the number of units. They want to be able to fit as many units as they can and still comply with the Ordinance. Chairman Dyer explained that that was done next door at Main Street Station, but it didn’t go all the way to the limit. It was more than what they had, but way less than the next step. It was negotiated that if their zone change was granted that they would build exactly what was proposed. Their density was one (1) or two (2) over the line. Kurt Hibbert explained that that had to be developed with the traditional parking ratio, where with assisted living, they will not have that same ration; therefore, they literally will have left over space. Mary Haley asked for clarification if the zone requires a certain amount of parking, but the use requires less. Kurt Hibbert explained that was correct; that under the City’s code, assisted living is treated special. They are allowed some special provisions; they don’t have to have the one (1) parking stall per resident. It is treated different than a normal apartment building. As Chairman Dyer alluded to, when Main Street Station was built, what limited their ability to increase their density was the parking requirements; they had to pave most of their property. Chairman Dyer asked if they knew what density it would end up as. Ryan Rasmussen replied no. Kurt Hibbert reminded the Commission that along the canal all the way into the block north, they did a band of MDR2 to try to redevelop some of those properties and have a higher density development. There is a strip along the canal and to the north that is MDR2. Chairman Dyer commented that they could explore a zone change and have it be conditional to that particular development going in. Mary Haley expressed concern of only having one (1) access. Randall Porter suggested making a note and visit with staff to see what they recommend. 4. Unfinished/Old Business: A.Residential Business District (RBD) Chairman Dyer reported that Commissioners were to review the RBD document and come prepared to have some discussion and give some input on how that needs to be improved. Unfortunately, a number of members of the Community have jumped to conclusions on this document. We weren’t going to recommend it as it originally stood. This is a work in progress. Mary HaleyChairman Dyer asked what the difference was between this document and the PRO zone. explained that in effect, they are very similar, but the PRO zone requires people to go and get the neighborhood organized and come in with specific proposals. The PRO zone could have its own set of standards that would be imposed on that particular neighborhood or in that PRO zone that might be outside of the underlying zone. Kurt Hibbert reported that much of the discussion last time centered on the uses; there was also some discussion that came up on the number of applicants and whether this would be applied in sequential type 5 properties. At it was written, it was required that these type of uses would have to be at least half a block from each other. He read through the Purpose and Objectives in the RBD zone. Mary Haley explained that she would not want this to go in the middle of a block that is strictly residential all the way around it. Chairman Dyer commented that an example of this type of development is on the avenue streets in Salt Lake City, there are a number of homes that have been turned into businesses. From the front it looks like the mansion it was built to be, but around behind is parking and there are professional offices inside. (After reading the purpose and objectives, discussion continued as follows) Chairman Dyer explained that they tried to address something like this in the terms of the Neighborhood Business District, originally, and the thought was particularly around the University, it would be good to have some places of convenience that people could get to without having everybody get in their car and get on the street to North Rexburg to find what they’re looking for. That was the idea and the concept. Unfortunately, there were a lot of things in that zoning code and NBD ended up being more than what they wanted, and more obtrusive. The idea was that they needed something softer and less obtrusive but still functional to support the concept of convenience to the surrounding residential areas. Stephen Zollinger explained that from his interpretation of the request to have the RBD zone, they are not looking for neighborhood convenience, but the zone was intended to create transitional neighborhoods where houses were maintained in their configuration but used for professional service providers. This is for businesses to be in residential type structures that would serve the whole community. Examples of businesses would be architects, lawyers, accountants that turn attractive looking homes, left them looking as homes and put their parking out of site, keeping those mansions as mansions. Chairman Dyer commented that the document before them does not read that way. He asked Mr. Erickson in Council Member Erickson the Council’s mind, what they saw this zone being. explained that the council has more the idea in mind of only being able to put on here and one there; maintaining the home, servicing everyone in the Community. Stephen Zollinger explained that the inherent problem with what is being discussed – one house, skip a half a block, one house – by its very nature, it spreads throughout the entire City instead of just designated areas. The reason Salt Lake has zoned Residential Business Districts, is because they create entire streets where they allow professional offices to move into homes and take over those homes. People don’t want to necessarily raise their family next door to a doctor’s office, but they want to maintain the approach to their home in a residential looking neighborhood, so they allow a doctor’s office to take over a house or build a new structure as long as it comports to the structural appearances of a house because that doesn’t effect their coming and going form their home. Chairman Dyer felt that the Planning & Zoning Commission has always been interested in a way to have professional offices in homes that still look like a home and function like a neighborhood. They’ve toyed with a lot of different ways through the years. There was even a Professional Office Overlay for a long time. This concept has been around a long time. He felt it was a workable concept in the right area. He wouldn’t want a music store next to him in an LDR neighborhood that he paid good money for to have protected land uses. Stephen Zollinger explained that that is the problem with doing it on a house by house basis. It needs to be a zone where they come in and say, or where the Commissioners say, we are going to rezone this half of a block to Residential Business, which means, over the course of the next ten (10) years, if these people want to sell 6 their homes to one of the allowed uses, we will allow their home to transition in its configuration to a professional service provider. That way, there isn’t a risk of someone having one next to them unless they’re in the position to sell their house to the same type of use. They are used widely as transitional zones into neighborhoods that are going to remain neighborhoods. It also takes away from the developer, the desire to buy up twenty-four (24) houses, raise the entire neighborhood and build a strip mall because he is now competing against an established use as opposed to a residential use that is dying. Ted Hill commented that in the subdivisions that have restrictive covenants against something like this, it could Stephen Zollinger not occur in those subdivisions anyway. added that none of this could occur unless the Planning Commission agreed to rezone it. Randall Porter commented that they need to decide which areas they would like this zone to apply to. Chairman Dyer as Mr. Zollinger has described it, to have a zone that could be made that would allow Mary Haley businesses in residential, looking and maintaining a residential structure. concurred. Thaine Robinson commented that he would rather have groups; in a planned area. Ted Hill was concerned about committing a whole block or half a block to getting one piece of property to the Stephen Zollinger point they want to convert to a professional office. explained that it doesn’t have to be changed a half a block at a time, but that you know in advance that a certain area will be susceptible to this, but don’t preclude people from asking to be rezoned when they are ready to sell. Allow the growth piece by piece, but not to jump out of nowhere. Chairman Dyer commented that the key is to identify those transitional areas. Council Member Erickson suggested including that in order to have this zone, it must be contiguous to a commercial land use. Stephen Zollinger suggested picking a list of zones that RBD would be allowed to be contiguous to. Suggestions for changes to be made: Randall Porter suggested striking the second paragraph where it talks about “shall be small containing one to two parcels and located in surrounding residential areas”. Also, strike most of the next paragraph except for clean buffered parking lots that shall not be located in the front parking lots. Chairman Dyer suggested that in the first paragraph of the RBD document, where ever it talks about the convenience needs, it needs to be scratched. Stephen Zollinger advised the Commissioners to go through sections C, D and E and fill that in appropriately to discuss in the next meeting. He volunteered to amend the rest of the document according to what was discussed. Council Member Erickson commented to the Commissioners that there is no pressure to push this document through to City Council. B.Industrial Design Standards 7 (Jumped down to Item 5 and 6, then returned to the Industrial Design Standards) Chairman Dyer explained that the consensus from the last discussion was that the Commission did not want to really implement the Commercial Design Standards to the Industrial zones, but there was concern expressed that the design standards might apply to a corridor. Anywhere that they might have office space to give some presentation and attraction, and anywhere it might be located on a major street – which is pretty limited – would have some sort of Design Standards. Mary HaleyChairman commented on the discussion regarding a buffer; what would be nice to see there. Dyer suggested that either they address the building, or put in the buffer, but not both in the Industrial area. Randall Porter commented that it shouldn’t necessarily be required, but Poplar trees are low maintenance when they get older. They have been planted in a lot of areas in Rexburg. Thaine Robinson added that the homes directly across form the Teton Lakes Golf Course; they can’t even be seen anymore because they planted Poplars about nine (9) years ago. Commissioners agreed that the Industrial zones need to have Design Standards modified to fit those zones. Mary Haley commented that she doesn’t mind a box structure, as long as it has some green space. A warehouse is a warehouse, but how it is hidden from the streetscape is important to consider. Chairman DyerMary Haley asked what happens when they are the fifth warehouse back in that complex. commented that if they are on the street, or can be seen from the street, they should have Design Standards apply to them. Commissioners were interested in buffering in the areas of major streets and corridors. Kurt Hibbert will construct Design Standards for the Industrial zones to reflect the commissioners’ concepts and will bring it back the following meeting to be discussed. 5. Other: A.Aerotech Design – Design Standard Review Minutes Thaine Robinson commented that the design of the building far exceeds any of the things that the Commission wanted to do as far as Design Standards. There were some problems with the site plan, with the building placement and parking. Allan Cook – representing Aerotech Design. He explained that they tried moving the building forward and some of the parking behind, but he would loose up to twelve parking spaces plus, he would have to have an alley way. He re-did the site plans numerous times. With a lot that short, there is not enough room to put the parking in the back. Kurt Hibbert explained that the other issue was that he could be in full conformance with the Ordinance by putting all of the parking behind, but then he would need to rotate his structure, which then turns the less attractive side and the entrance towards the parking lot instead of towards the street. It was the consensus of the Committee that they would like the front of the building facing toward the street rather than the other way. 8 Chairman Dyer commented that he was okay with this. Thaine Robinson reported that the common denominator is that the lots are not large enough for the buildings built. All three of the reviews from the Design Review Meeting is the same issue; the buildings are too big for the lots. Kurt Hibbert added that a lot of it has to do with the Design Standards. When getting to the almost residential size lots, it is very difficult to do that particular layout to accomplish the goal; it becomes very challenging. He commented that maybe they need to treat these smaller lots a little different. Ted HillThaine Robinson asked what the recommendation of the Review Board was. reported that they had him go back and do something with the site plan to see if it would fit. He has done that and it doesn’t appear to be so. Chairman Dyer commented to Mr. Cook that he may proceed and it will be formalized when there is a quorum. B. Valley River Retail Expansion – Design Standard Review Meeting Thaine Robinson reported that in the expansion, there is definitely a building too big for the lot size, as far as the site plan is concerned. The footings are already poured along the sides. The Review Board spent most of the time on the façade. The Review Board and Staff made suggestions for the façade to comply with the ordinance, and it won’t be a very expensive change. The parking doesn’t conform, but because of the foundation being poured, the Board allowed the parking to remain as is. They also asked him to take the driveway and continue through Sonic. Chairman DyerRandall Porter asked if they can do that. answered that they already had an access through Sonic. Thaine Robinson added that they talked a little about landscaping and having a bench to help with pedestrian traffic. The eyes from the street are on all three sides. Kurt Hibbert explained that they added features to make it pleasing from all directions, including features on the back. Chairman Dyer was concerned that the Commissioners are having to compromise to some degree; that they Kurt Hibbert were being cornered. reassured him that if it had only been the footings that were an issue, he would have probably had to tear the footings up, but there was a completely approved site plan with the entire associated sidewalk, connecting infrastructure, the lots were all constructed at the time of the original building, so there wasn’t the flexibility of tearing out improvements that were approved at one point by the Planning & Zoning Commission. B.Archery Thaine RobinsonKurt Hibbert reported that they reviewed the new drawings for the archery building. added that he didn’t write that up because it was just a quick review. Chairman Dyer asked for clarification if he re-drew his plans up in accordance with what was discussed from the first Review meeting. 9 Stephen Zollinger commented that instead of building where they were originally going to, he made a purchase offer on a building outside the City. 6. Enforcement Report: Stephen Zollinger explained that the blue tarp house had a notice sent to them that the City was suing them, they in turn immediately responded with their demolition schedule. It should be gone before snow flies. th The one on the end of N 4 W, they tore down the house, the old Nielson house, and then their equipment broke down. Before they could make the adjustment, the dump trucks put dirt around all of the structures, so now they can’t get to them to tear them down, but it is all scheduled for demolition this fall. The last one was the old fur trader – just east of the chamber of commerce. They have been hauling pickup load after pickup load out into the County. They are trimming the trees. They are going to try to determine whether it can be revitalized for use as a structure. If not, they have given us their commitment to demolish it. Chairman Dyer explained that MK University, sough of R Circle, in the strip mall immediately south of Artic Circle, they started striping out all of the parking spaces that were in the right-of-way, but people are still parking there. There isn’t enough parking around there. Stephen Zollinger explained that they will be delivered a notice this week that if they do not eradicate the parking out on the street side, the City will revoke their use; their occupancy. Stephen Zollinger added that the other thing was that we closed out about ten (10) sign permits. All but one (1) of the ten (10) was in compliance and completed. That one would have closed out except that he as built an entire new building and added more signs. D. Review Board Ted Hill asked if changes should be made on having the Review Board review every plan that comes in. Thaine Robinson commented that right now, he didn’t know if the volume was big enough, but the volume could be overwhelming. Chairman Dyer felt that it should only go to the Design Review Board if it did not meet Design Review Standards. Kurt Hibbert commented that it can be really hard on a day to day basis to be responsible to tell the developers no, versus having a separate Board that is non staff. They won’t argue with the Board. He added that right now, it is not overly cumbersome, but it has the potential to be completely overwhelming. Kurt Hibbert suggested just having one board member representative come in and do a review with staff and the applicant so it is not too demanding of time; take turns, pass the burden a little more. Chairman Dyer agreed with that concept. Meeting adjourned at 11:00pm 10