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HomeMy WebLinkAboutP&Z MINUTES MARCH 23, 1994 (2). - DATE: (032394) 3/23/94 7:00 P. M. Those Present: Chairman: John Millar Members: Davawn Beattie Jim Long John Watson Jeff Walters Richard Smith Mazy Ann Mounts Marsha Bjornn Jerry Jeppesen Bob Lee Councilman: Bruce Sutherland City Clerk: Rose Bagley Attorney: J. D. Hancock Engineer: Joe Laird A motion was made by Jim Long and seconded by Richard Smith to approve the minutes of February 23. All Aye RE: ADDITION TO REXBURG FOOD CENTER APPROVED TOPIC: (300,1,,,REXBURG FOOD CENTER,PARKING,ADDITIONS) Charles Mickelsen was at the meeting to present plans for a proposed addition to the Rexburg Food Center. They will come out East 3 feet further and back 71' to the North. They will remove four parking ,sots, but there is room for 130 parking spots on the property around the building that they own. John Millar discussed with them that the ~ parking that is on the city sidewalk needs to be taken out. Charles said he had talked to Bob Carlson and they will not need that parking, there will not be an access door to that area. There will be an emergency exit on that side only. They will leave parking for Dr Miller's office there. P & Z approved the plan, there is plenty of parking. RF i ~,_:,;~ ' -'td ~~'-~~a ADDITION TO STONES. TOWN AND. COUNTRY MOTORS - ' --' ' r ; ,.: as ~ i'= ~~'':ORM DRAINS - c t~a5 ac'vii '>>~ 3J0,14.,,A.I}DITIONS,STONE TOWN & COUNTRY,PARKING,STORM DRAINS)' '~a ~:', declared a conflict of Interest as he presented plans for _3* -,,~~_~ion to Stones Town and Country Motors. The addition will. be ... ~:~pair shop t~ the north, a building adjacent which could stand ~.-~-. 1L should not change the parking, but there is room for more ;~ _ 'S'he c©mmittee told John, the parking needs to,be identified. -.~~'",~ :couple of french drains on the property,.but the building k~ ~ _, ,ez those drains. They would re-work the. french drains. There • 1 =`~ym drain on South 5th West behind, the property but it is =' ~ `".~~~e is a 2" water line and they would need to talk. to the t, ~ :or ?epartment. They would need to address-the: number cf , _~_. :laces per zoning ordinance, John Watson will bring in a x ~ ~?`, ~~ site plan in to the next meeting. Planning & Zoning RE: PUBLIC HEARING FOR A VARIANCE FOR CHAD PRICE - VARIANCE GRANTED • TOPIC: (300,2,,,VARIANCES,MILLHOLLOW SUBDIVISION,SUBDIVISIONS) 7:30 P.M. Public Hearing for Chad Price that a variance be granted to allow a 21 foot rear yard on the east side of said lot instead of 25 foot rear yard. The property is located on Mill Hollow Road Lot 8 of the Mill Hollow Subdivision. Chad Price stated that he was seeking the variance because it is zoned LDR which has a requirement of 12000 square feet and his lot is not that big. It is needed to meet the minimum size requirements of the restrictive covenants, which requires him to build a home of 1500 square feet up ground home. The home he was proposing meets his sub division requirements, but it does require an extra four feet to fit on the land. He is just fitting what is required for restrictive covenants and trying to make an attractive home that will face the street. Jim Long stated that it was the consensus at the last meeting that this was a hardship that he had not created. Joe Laird told the group that if he built the house 22 feet back from his property line on the front yard, he would be lined up with the average of the homes on that block. John Millar stated that in the front yard he has to meet the set back or meet the set back with the average number of homes. A motion was made by Jim Long to grant a variance to Chad Price for the rear yard. Seconded by Richard Smith. All Aye RE; DISCUSSION REGARDING DEVELOPMENT ON 1ST SOUTH BETWEEN CENTER & 1ST WEST - KIRK GOODFELLOW AND RICHARD PALMER TOPIC: (300,2,,,1ST STREET,CENTER,PARKING,SUNRISE VILLAGE) Kirk Goodfellow and Richard Palmer were at the meeting to discuss a development on 1st, South between Center & 1st West. This item was added to the agenda. (showing a plan) John Millar declared a conflict as his firm drew the site plan. He asked Mary Ann Mounts to chair this issue. Mr Goodfellow explained, they currently own the property at the rear of this property out to 2nd South, Sunrise Village Apartment Complex. They propose to buy this property. There is a house on the property (the old Ralph Parker property). They propose on the west side of the property to put in parking and lease it to Sunrise Village for additional parking for them. When the market dictates, they would develope the rest of the parking as proposed, with four-plea apartments. John Millar explained the rear of the property is H.D.R and the front of the property is M.D.R. Sunrise has a Grandfather Clause on its parking right now and meets parking with that, however parking is going to become more and more of an issue with student housing. They believe in the Rexburg market and would like to buy additional ground for expansion. They would like to run the parking back to the block wall between this property and Sunrise Village property. There will not be vehicular traffic going through the block. They are proposing taking immediately part of the property for a parking lot and leave the house on the property. They will drop the fence down to a regular height and put walkways in between, so they can walk from Sunrise Village Complex onto the parking lot. In order to purchase the property, they need to get approval to put the parking in and build the buildings sometime in the future. All we can approve tonight is we see no real problems. John Watson asked what we are talking about building or parking? Does any approval tonight give them approval yes to build? John Millar said all we can say is the buildings are in the right zone and and if there is adequate parking they should be okay. Mr Goodfellow said what they would like is yes we will approve eight unit on the property and yes we will approve the parking lot with 60 stalls. He also asked John Millar about storm sewer. They could tie into the storm sewer off the curb. (discussion on the ordinance, a 25 foot set back needs to be maintained) They could put parking to back fence, because they own that property and then put in some parking for compact cars to maintain the setback. John Watson told him if they submit a site plan that meets the zoning ordinance, then we could approve it, but we can't until we have this plan. You would need the city engineer to look at it prior to the P&Z. RE: PUBLIC HEARING FOR A CONDITIONAL USE PERMIT FOR SUBSIDIZED HOUSING BY GREG LUCE - TISBURY APARTMENTS - APPROVED TO GO TO CITY COUNCIL TOPIC: (300,3 „,CONDITIONAL USE PERMITS,SUBSIDIZED HOUSING,GREG LUCE, TISBURY APARTMENTS) 8:00 P. M. Public Hearing regarding a proposed issuance of a conditional use permit to provide for development of two phases of apartments, 34 units in each phase. The majority of the units will be two-bedroom and the balance will be one-bedroom apartments. The property is located south of West Fifth South and West of South Fourth West Street. The conditional use permit is required, because there is more than 24 units in that development. It is a permitted use in that zone with a conditional use permit. Greg Luce, developer, he is proposing to do two phases and is asking for approval for both phases. The proposal meets all of the zoning requirements in every way with the exception of the size of the development. The reality is the market study for this, was extremely strong. We expect to be done with South Brenchley Apartments probably June 1 and would expect that two months later we would begin with the first phase of West Tisbury. The one bedrooms are one story and the two bedrooms are two story. (showing plans) There is nearly five acres for this project. F.H.A. is making the loan and the rent will be government subsidized. Gary Ricks- Hie feeling is that we have enough subsidized housing in Rexburg. The reason the subsidized units have such a waiting list, is the couples come to town and find out about subsidized rent and that is where they want to live, because it might cost them $50 a month. There is no way to compete with them. It is unfair competition. `f Randy Landon- When they took the survey on this did they check with the college and their enrollment limit? Ricks College will reach their enrollment limit of 7500 this year, when that happens there will be in the neighborhood of 1000 empty beds in this town, which will mean about 166 empty apartments for single student housing. When that happens married students are able to move into these apartments. If we have this other housing coming in, there is no way the housing units would be able to rent to the married students. The Planning & Zoning told Mr Ricks and Mr Landon that this board cannot evaluate market conditions. Gary Ricks asked how do we find out when his housing is going to be built, so we will have input that will do some good? John Millar told him as far as Planning & Zoning is concerned, we will not try to restrict the number of apartments that come in and what rents are and those type of things that is beyond our limitations. That is on a State Level or Farm Home, you would need to talk to them. Greg Luce- The city has the site zoned so the assumption is that their long range plan is to have multi family housing and that ie what you want because that is how you have zoned it. There are only two of these kinds of housing units built in the state each year. We want to be good neighbors and want to be part of the community and don't want to overwhelm the market. If you don't want more multi family housing in town then zone for less, and then if someone comes in and wants to change it you could evaluate if they should build. Because it is zoned multi family, this encouraged me to purchase the site to build. We do quality building and try to please everyone. John Watson stated that Mr Luce is not asking for an exception to the ordinance, and needs a Conditional Use Permit only because he is building more than 24 units. Mr Luce has stated that he would conform to the ordinance and put in the utilities and streets, so there would be no reason why we would not give a Conditional Use Permit. John Goss- Ask about the ditch. Mr Luce said they would fence the ditch for safety and the ditch would remain. Bob Lee- As the ordinance reads, we don't have any bases to turn the Conditional Use Permit down, but having been in business, when someone comes in town with an unfair advantage such as government subsidizing and they can sell below what you can market it for, it is unfair. He felt Mr Luce should be very careful to how fast he expands. Jim Long- If I came in to build a home and the V.A. was going to grant a loan, he did not think the bank could say "you can't grant him a loan, because he is getting a loan at less interest than the bank can give it to him". A motion was made by Jim Long that we recommend to the city council that we grant him a Conditional L'se Permit. John Watson asked stated a set of construction documents would need to be reviewed by the city engineer. Seconded by John Watson. Bob Lee abstained. All others voting Aye. RE: DISCUSSION OF LOT SIZE FOR AFFORDABLE HOUSING - ASSESS NEED TO DE~IELOP LDR2 ZONE TOPIC: (300,5,,,LOT SIZES,HOUSING,LDR2 ZONE,ZONING) Lot Size for affordable housing. It was brought to the mayors attention in the last couple of weeks that we have in our zoning LDR1 lot size at 12,000 and LDR lot size at 8,000 square feet. This is a good size lot. On some of the methods that are available for low income financing, lot size becomes a real issue. The mayor asked if we would discuss if we want to look at something such as an LDR2 with basically the same requirements as LDR1 but would drop the lot size down to 6000 to 8000 square feet. This would increase housing density and decrease cost for lots. Richard Smith stated that he thought it was very important that we zone like that in the city. John asked what is a reasonable size of a lot? Randy Landon was at the meeting representing Dean Ricks to discuss the lot size. In LDR1 in the zoning book lot sized is 8000 square feet. Dean has talked to the mayor, and asked Randy to come to the meeting to request that the lot size be dropped to 6500 square feet, this would be 60 feet wide by about 100 feet deep. The place he is looking at is in the Ricks Palmer Sub Division. He is looking at making some lots for F.H.A. financed homes. Dean could take four lots and make five lots out of them. The home plus the lot needs to sell for $70,000 or less. Richard said he felt there was a need for that somewhere in the community. John Millar stated that if we go to M.B.R. we are down to 4500 square feet. Jim Long asked what would happen if we had these small lots and someone comes into get a variance because he can't fit his home on the small lot? Mary Ann suggested that the people that have homes in that sub division might be upset because they understood there would not be the close small neighbors. (discussion) Richard stated that if we establish a L.D.R.2 zone, that you do not come into an existing sub division and change the rules, you start with a new sub division and zone it L.D.R.2. In addition to that you also define the size of the homes involved so we won't be flooded with variances. John Millar stated what ever we do we need to go through public hearing. (discussion) Ricks Palmer Sub division is only platted to the church, the rest of it has only a preliminary plat. The board felt there is a need for it, but did not feel we should make the change in existing sub divisions. We need to develope an L.D.R.2 and define what an L.D.R.2 is and recommend an area or areas that we want to change the zone and proceed with ordinance change. A motion was made by Mary Ann Mounts that we assess the need to develope an L.D.R. 2 zone, define what an L.D.R. 2 Zone is and recommend an area or areas where this zone should be for small lots. Seconded by Jahn Watson. (discussion} All Aye r 1 ~J f., RE: COMMITTEE FORMED TO GET INPUT FROM LAND DEVELOPERS - JOHN WATSON CHAIRMAN The board felt we need to form a committee of three volunteers and get some input from some land developers. John Millar asked for three volunteers. Randy Landon told them he would see if Dean Ricks would serve on this committee. John Watson and Marsha Bjornn would serve on this committee. John Watson would chair the committee. RE: A.M.R. DEVELOPMENT TOPIC: {300,6,,,A.M.R.) John Watson asked about the A.M.R. development and if it had been platted? There could be some smaller lots in that development. We need to make sure there are no building permits issued if that has not been platted. We need to check to see if it has been platted. (discussion) RE: IMPACT ZONE - A1,A2, & RR ZONES APPROVED TOPIC: (300,6,,,IMPACT ZONE,ZONING,AGRICULTURAL) Impact Zone. Richard and Jerry reported on the County zoning. Richard and Jerry met with the county. The county committee has gone as far as it can possibly go with recommendations with respect to the comprehensive plan. We did discuss with the county that because the project with the comprehensive plan will possibly two years or more, they felt because of that it would be a good idea to implement some interim ordinances protecting just those things that were contained in the letter that Planning & Zoning sent to the commission a year ago, arterials, sub division ordinances and protection of the area directly surrounding the city limits of Rexburg. They ultimately agreed that we should implement some interim ordinance. We are in the process of doing that. There is a sub division ordinance that the committee reviewed in .detail and felt good about it, which addressed the quality of roads and quality of developments of sub divisions within the county, it addresses that and regulates that. It requires that roads or sub divisions or any work comply with county standards and leaves it to the county to define those standards. The commission has taken a look at it and felt like it was something they could live with as far as an interim ordinance for immediate protection pending the entire master plan with the accompanying total zoning ordinance. It addresses not only sub divisions but also arterials within this ordinance. It was Richard's opinion that this particular ordinance could address not only the sub division problems, but also the arterial problems. Right now the county is in the process of reviewing this ordinance a little closer and are going to submit it to the committee once drafted for their approval of this ordinance with changes as the interim ordinance. This is strictly for the county and will not happen in the Impact Zone, our ordinances will be in effect in the Impact Zone. (discussion) John Millar stated that we are down to basically two definitions we needed for the two agriculture zones. J. D. sent out copies of definitions, John asked if we were comfortable with the ones we have? We then need to go to informal public hearings, set up some maps and let people come from noon to 8:00 P. M. and have members of this board there to visit with the people and explain. We could send out a mailer to property owners in the Impact Zone stating what their property will be zoned or sending them a copy of the map and a notice of what it will mean to them. We have a meeting with the County Commissioners on March 28 at 2:30 P.M. April 26 is our Public Hearing. Discussion on cow-calf operations. A motion was made by Jerry Jeppesen to approve the A1, A2 and R.R. Zones as written and go to public hearing. Seconded by Richard Smith. All Aye We will schedule the Information Hearing April 21 from 2:00 P. M. to 8:00 P. M. in the City Council Chambers. (discussion about a letter to send out) Sign Ordinance- Davawn said he would like some time to discuss the Sign Ordinance. We will have a work meeting on April 13 at 7:00 P. M. Meeting Adjourned. •