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HomeMy WebLinkAboutP&Z MINUTES JULY 15, 2004 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 cathyw@ci.rexburg.id.us Planning and Zoning Minutes July 15, 2004 Members Attending: Winston Dyer-Chairman, Mary Haley, Jerry Hastings, Ted Hill, Joseph Laird, Randall Porter, Mike Ricks, Robert Schwartz, David Stein – Absent Stephen McGary Others Attending: Kurt Hibbert – Director of Community Development, Stacey Garitone - Planner, Cathy Winters – Secretary, Stephen Zollinger - Attorney Chairman Dyer: Opens the meeting with at 7:10 and welcomes those attending. Minutes Chairman Dyer: Asked if all members read and approve the minutes for June 3. David Stein: Noted a correction on page 2, which has been corrected. Mary Haley Asked about a possible correction on page 4. Mike Ricks: Made a motion to approve. nd Mary Haley: Made the 2. Motion carries with corrections. Tabled Requests: AmericInn CUP Sign Chairman Dyer: We need a motion to pick this up off the table. Mike Ricks: Made the motion to bring this off the table. nd Randall Porter: 2 the motion. Unanimous Chairman Dyer: Asked Kurt Hibbert to bring the Commission up to date. Kurt Hibbert: AmericInn requested approval on the height of a sign to be equal to or above the height of the largest structure on the property. At the meeting of June 3, the sign height was approved, the commission asked to see a picture of the actual sign. This is the picture of the sign and what it is anticipated to look like; this is their typical sign. Chairman Dyer: Commissioners what were the concerns about the signs, geometry and presentation. David Stein: The concern was that there was nothing to base it on, they are asking for a conditional use permit we didn’t have the scale or the dimensions of the sign. Previous times when we granted Conditional Use Permits we have had at least some diagram of the sign, I guess this is what we have now. Chairman Dyer: Couple of questions for Mr. Hibbert. The size of the sign is within the prescribed limits? Kurt Hibbert: Yes, it meets the ordinance requirements. The height with the granting of the conditional use permit will be equivalent to the height of the building, which is what we have done in the past. That is allowed with the conditional use permit by our ordinance. 1 Mary Haley: How high is the sign? Cathy Winters: 34.7 feet Kurt Hibbert: That is what the conditional use permit is dealing with, solely the height of the sign. Chairman Dyer: This must be a typical example of the sign, a lower sign with the type of support they have there. So they will have something larger with a monopole? Kurt Hibbert: Yes that is my understanding. Chairman Dyer: Commissioners any more questions about this proposal? Ask for you input and ideas on whether this conditional use permit request should be granted or not. If so why? Mike Ricks: I think the sign looks good and I don’t think that even with the height of 34’ that it will look out of place after looking at other signs within that vicinity. Some of the others are quite a bit taller and I think it is very attractive and I have no problems with it. Chairman Dyer: Mr. Hibbert there was no other lower sign on this support? Lobby signs elsewhere? Mr. Hibbert: That is correct. David Stein: One clarification, what actually, according to our ordinances require for them to submit to get a conditional use permit for signs. Is that what we based it on that? Kurt Hibbert: We don’t have specific requirements, under the ordinance, they way our ordinance is written, the sign height is regulated by, the planning and zoning doesn’t have anything specifically written as far as commission requirements, in the sign ordinance that have to submit technical data for review but they don’t have in this particular sign they didn’t submit height and scale as they did last time. We have that data, but it was not provided. David Stein: To them or to us. Kurt Hibbert: To us. Cathy Winters: We reviewed that data the last meeting. Kurt Hibbert: As far as the pole itself. Cathy Winters: As far as the height and the sign itself is 147 sq ft. as allowed. A copy of the sign ordinance is included in your packets. Chairman Dyer: Our zoning ordinance refers to this (sign ordinance) then this becomes the governing document, as I understand it. Kurt Hibbert: Zoning ordinance solely requires, it’s height issue and is regulated there as far as the structure. Chairman Dyer: Any other input, seeing non the chair will call for a motion. Mary Haley: I make a motion to grant the Conditional Use Permit for the AmericInn sign. nd Mike Ricks: 2 the motion Motion carries. Discussion: Expansion of Legal Non Conforming Land Use off Pioneer Road – Storage Units Gordon & Cherrie Allen. Gordon Allen: Showed details on the map. I would like permission to push ditches in and build an additional storage unit. Joseph Laird: Pointed out that previous drawings indicated this particular parcel would have a home on it not storage buildings, it would keep the presence of homes. Gordon Allen: Agreed the original owner had intended to build a house there. Group Discussion regarding the legalities of changing the original intended use. The county approved the Master Plan with storage building in the rear and a home in the front of the property. They were annexed into the city. The commission does not wish to go against the counties approval of the Master Plan. At this point the commission cannot give a go ahead to build a storage unit instead of a house. The 2 commission would like to have more time on this. Ask staff to come forward with proposals that would help these people out. We need a checklist from staff and legal. Kurt Hibbert: We will put this on a future agenda. Gretchen Reese 267 Apache Avenue: Applying for CUP - #04 00219 Mrs. Reese just purchased the home and there was an apartment in the basement. She wants to rent to a married couple for $450 per month including utilities. Ted Hill: declared a conflict, excused himself and moved to audience. Chairman Dyer: Asked Mrs. Reese to point out where the other apartments are. Gretchen Reese: pointed out other homes with apartments. David Stein: When you bought property where you aware of the cup? Gretchen Reese: Yes Chairman Dyer: Opened the meeting to Public Comment Christopher Fox 265 Apache, I’m in favor of CUP. Their driveway is adjacent to our property, I don’t see any negative impact, and I feel strongly based on other renters in the neighborhood. I feel they will get high quality renters. If I thought this was a problem I would speak up, I have children and would want to protect them. I have known the Reeses’ for 2 years and we have no reservations about this. I’m strongly is favor. Mary Beth Lemon: I’m in favor of this, we have an apartment, and from my point of view they will not have any trouble renting. Chairman Dyer: Any more speakers for? Any more neutral, any against? Please note the petition with 14 individuals signature. All live on Apache. Chairman Dyer: Read the petition. Chairman Dyer: Read the review. Jerry Hastings: Are there any covenants hooked to the subdivision? Kurt Hibbert: I don’t know of any documents that do not allow this. David Stein: As I look at requirements in the code, in LDR1 I don’t see anything that would prevent this. Bob Schwartz: As we have no choice but to approve, we need to put conditions, not for singles, remains as family dwelling. Chairman Dyer: Parking is a concern. Kurt Hibbert: They have 4 legal parking spaces. Chairman Dyer: Any other ideas about conditions? David Stein: I move that we grant a conditional use permit for 267 Apache with the conditions that it remains as a family dwelling and continues to comply with Page 52 6.13.B nd Jerry 2. Randall abstained Motion carries. Kartchner Homes – Twin Homes Rezone from LDR1 to MDR Permit #04 00212 th Brad Stoffard, 648 S 5 W asked for the rezone for lots from single homes to twin homes. Chairman Dyer: Any questions of the applicant? Mary Haley: When was plat approved? Chairman Dyer: 2 years ago Jerry Hastings: All you are doing is adding a lot line in each existing lot. Brad Stoffaard: All homes will be facing Oaktrail. Kurt Hibbert: All lots are not included in proposal. Chairman Dyer: Any other questions? 3 Lady spoke up from the audience. She asked for clarification as a neutral party. This is an impact to the community looking at the traffic; there is no light on Trejo. Chairman Dyer: Explained procedure of speaking for, against, or neutral. Chairman Dyer: Asked Stephen Zollinger if they need to replat? Stephen Zollinger: They can do lot splits. Jerry Hastings: Minimum lot size is 60’. This will not meet requirements Stephen Zollinger: A zone change is what we are talking about not the lot size. Chairman Dyer: If we approved the zone change the will have to make provisions for lot size. They can bring to plat directly to staff for approval. Mary Hailey: I make a motion to grant zone change with recommendation they meet the specifications of the minimum requirements for the zone. nd David Stein: 2the motion Jerry Hastings: What do we have for zones MDR and MDR 2? Chairman Dyer: Read the definitions from Zoning Ordinance. 16 units per acre Motion Carries. Brentwood Condominiums – Preliminary Plat Permit #04-00180 Kurt Hibbert: They turning these apartments into condominiums. It is a parceling up of the property. Jerry Hastings: Explains the definition of condo. Group discussion regarding the difference between condo and town homes. Jerry Hastings: I make a motion to approve Brentwood Preliminary Plat upon review by Staff. Mike Ricks: 2ndthe motion Motion Carries. Cedar Falls – Commercial Sub Division – Airport Road – Preliminary Plat – Permit #04 00222 Randall Porter: Asked to be excused, as he owns property next to this development. He stepped down and joined the audience. Chairman Dyer: Asked to step down because he is representing the Development. Bob Schwartz: Will act as Chairman. Winston Dyer: The property is located on Airport Road, 20 acres lies between there and Village Green. 20 lots zoned commercial with a loop road. Convenient access to wastewater service, the area cannot be served by gravity wastewater it will be disposed of by a pump station. A Development Agreement with the city for wastewater to be pumped. Group Discussion: Questions were asked about road and gutter, there would be a 60’ right of way with sidewalks platted to city standards. There are no restrictions by the airport that we are aware of. Concern for water pressure due to 20 buildings lots tapping into a 10” main. The types of commercial business that are being considered are wholesale electrical, plumbing, UPS etc. Hoping to pull in bigger clients. Concern that it will look like Highway 20 in and around Idaho Falls. Jerry Hastings: I move that we accept the preliminary plat with usual appendage, city approvals and work with city on berming etc for final plat. Joe Laird: 2nd the motion Motion Carries. 4 Walker Subdivision- Preliminary Plat – Permit #04 00241 Winston Dyer: Asked to step down because he is representing the Development. Bob Schwartz will be acting as chairman. Winston Dyer: Discussed the project in detail showing Division l then went into details showing on the map Division 2, 14 acres with 8 lots all within the city limits. The 8 lots and the future Division 3 are th shown on this master plat. An agreement with Walkers and City of Rexburg concerning 4 N to Barney Dairy Road. The City will provide a bridge across the canal. There will be a need to curve in Barney Dairy Road. Discussion will be forthcoming with the city. Dick Dyer described utilities, right of way and the 68” sidewalk along with curb and gutter. Professional offices will only be allowed in this development. The City and Walker family are discussing what is going on with the river regarding what th may take place there. Portions of 4 N are a non-curb and gutter with a 34’ width right of way that cuts trough the parking lot. The city will have to work with the parking lot to extend the road. City engineers will need to help resolve street width issues. Lot 1 has been freed up so we can talk to the city regarding paths, walkways, etc. It is the desired outcome to have that as paths, parks, etc. There is willingness on the part of the owners; the details have not been discussed with the City at this time. Bob Schwartz: Other questions and concerns? th David Stein: Made a motion to approve with the conditions the applicant work out 4 north entry and encourage the city to work out greenway lot 1. nd Mike Ricks: 2the motion Motion Carries Comprehensive plan Group Discussion regarding the annexation of John Deere and the comprehensive plan. Different areas were discussed as to the location and ownership of Ag, Industrial and College. The determination as to where to locate these in the comprehensive plan is a difficult decision to be made. It is time to go forward with a public hearing, we currently have a comp plan in place but we need our new vision approved. The Commission is a recommending body, the City Council is the decision makers and they are ready to move forward. Concern regarding city services to the John Deere annexation were discussed and final answers will have to come from John Millar. This development has been encouraged to wait until the comp plan has been approved before they move forward so they don’t have to request a comp plan change. Stephen Zollinger informed the commissioners the Mayor wanted the map to go to public hearing within 30 days. They want this in the public hands this month, next month at the latest. The written comp plan language must be voted on and approved within 60 days. Legally the map is the controlling document, the written plan is a guideline and general directive as to how to enforce the map. Mike Ricks: I move to send map to Pubic Hearing after Kurt Hibbert has a basic definition of Mixed Use. nd Jerry Hastings: 2the motion Motion Carries David Stein and Joseph Laird: Abstained Chairman Dyer: Announced the 3 Governments have a meeting scheduled August 5, 6:00 PM at the Madison County Courthouse. (Sugar City P&Z, Madison County P&Z and Rexburg P & Z) Council Items on P & Z Recommendations Kurt Hibbert they read the design standards for the second time. There was a lot of positive comment; they felt it was heading in the right direction. They put it on the website and are seeking public input especially from contractors and developers. We have not have any negative comments. 5 Sidewalk Issue Kurt Hibbert: There are about 4 regulatory documents defining sidewalk requirements and none are very comprehensive in there scope. John Millar is developing a new sidewalk ordinance, which will define sidewalks by zone; we want sidewalks on all streets even commercial developments. Bob Schwartz: I don’t like this idea I can’t agree with it. Kurt Hibbert: The Richard Smith subdivision looks really good, everyone likes that. You should drive out there and take a look. Jerry Hastings: Kirby Forbush is not putting in sidewalks at this time. Kurt Hibbert: It is a requirement; he will have to do it. Mike Ricks: After driving around, especially early morning, I don’t think we need sidewalks. Joggers run down the street. Chairman Dyer: I think we need to meet with the school board; they did talk with the mayor about having the school within the community. Group Discussion regarding the possible locations the school should consider. Zoning Violations Kurt Hibbert: Gave report on zoning compliance and the Life and Safety inspections that have been happening. The focus is on the Life and Safety issues at this time. We are documenting these in the permitting system and connecting to parcels. Joint Meeting Discussion Impact area at the North Interchange Comprehensive Plan Design Standards Green Belt 6