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HomeMy WebLinkAboutP&Z MINUTES SEPTEMBER 23, 1998~~~ DATE: (092398) Planning & Zoning 9/23/98 7:00 P. M. Present were: Chairman: John Millar Members: Ted Whyte Davawn Beattie Roger Muir Jim Long Mary Ann Mounts Doug Smith City Clerk: Rose Bagley Engineer: Joe Laird Attorney: Stephen Zollinger A motion was made by Davawn Beattie and seconded by Mary Ann Mounts to approve the minutes of 9/9/98. All Aye RE: PARKING PROBLEM AT APARTMENT COMPLEX TOPIC: (500,113,,,PARKING,3RD E,APARTMENTS) There has been a complaint that there were too many students and not enough parking at 406 South 3rd East. It was reported that there were not that many students in that complex last year. Ted stated that it had only been 1/2 full last year and the year before. It was felt that it was grandfathered with the students and parking. • RE: PUBLIC HEARING BECKSTRAND APARTMENT ON 2ND WEST APPROVED TOPIC: (500,113,,,PUBLIC HEARING,C.U.P.,2ND W,RIGHT-OF-WAY, SET BACK) 7:15 Public Hearing held before the Planning & Zoning regarding the proposed issuance of a Conditional Use Permit to allow for 92 units apartments to be built in three phases. The first phase would be 32 units and the seconded phase 30 units and the t:"~ird phase 30 units. The said property is located at about 555 South 2nd West in Rexburg Madison County, Idaho. Joe Rice, Sunberg Architect Firm, who was representing David Beckstrand showed plans and described the plans. They are requesting a C.U.P. for a 92 unit apartment complex. Ted Whyte declared a conflict of interest. The 92 units includes a manager residence. It is zoned H.D.R. which would permit 30 units per acre or approximately 150 units. They provided landscaping to the interior. They have tired to keep the parking to the interior in the perimeter of the property. It will be block and brick construction. This is the maximum amount of apartments they are allowed to get on this 5.2 acres. The Comprehensive Plan calls for 2nd West to be a major arterial of 125 feet although the Townhouses across the road have deeded approximately 49.5 feet to center line instead of 62.5 feet. They are proposing to develop the right-a-way to 35 feet to accommodate the five lane arterial, but what they would like to do is give the city a 20 foot easement for the • utilities. Explaining a typical section which shows 7' wide utility, a ~~~-\ 12 wide bike path, and another 10 foot easement. That would require his client to give up almost 3/4 acre at $70,000 an acre. He will be -- willing to participate in the cost of the infrastructure sanitary '~ sewer, storm drainage and water. John questioned him if they would be dedicating the 49.5 foot right-a-way as well? He said he had not shown the sidewalk but they would like to put it against the back of the curb. (discussion on easement and sidewalk) Joe showed the typical sections and explained and the right-a-ways with each. He felt we possibly could get by with the minor arterial typical section which is the 101 foot right-a-way and the five line traffic. (copy on file) What they are proposing instead of putting the buildings farther away they are saying the 20 foot setback would start at the back of curb and then there would be 20 feet to the building. Showing page two which shows what our zoning ordinance states you come to the proposed right-a-way which would be to back of sidewalk with the 101 foot right-a-way and then you would go another 20 feet before you would come to the building eve line. (discussion) He is proposing to put the building right on the right-a-way line with a 1 foot setback. John told him if we deviate we would have to amend the Comprehensive Plan. Ted discussed moving the whole project back. (discussion) John told him this road is scheduled and will be a major arterial coming into town. Hearing turned over to the Public. Jean Diamond (her parents are Glen & Ruth Henderson who live in the townhouses and wiii be impacted). The Zoning Commission already approved big apartments to the north of them which has already altered • their living and value of life because when they are finished all they 't can do is look into someone else's window. Now they will have this coming in across the street. If this unit is built that close to the street, she worries about when her dad, who. is 87 years old, is out walking. Her mother is a shut in who has a bad heart and having all the machinery working forty feet from their back door has caused them stress and altered their lives. She has asked the apartment owners to put trees between them and the townhouses. The zoning commission must not have known how those apartments would affect those four townhouses. The people that are living in those townhouses are either widows or elderly people and can't move now. The value of their places has gone down at lease 30°s. She worries about this development because it will be so close to 2nd West and the traffic is going to be so bad and it will be a major arterial. The apartments will be college students and they are irresponsible drivers and there will be a lot of noise with the boom boxes and other. She would like to have them built a little further to the east for the safety of the people walking past. Close the Hearing. John explained we have two or three issues to address: 1. The development is allowed by right in H.D.R. 2. They will need a Conditional Use Permit. 3. In the Comprehensive Plan, that is a Major Arterial and if we deviate from that we will have to amend the Comprehensive Plan. To do that we would have to amend the Comprehensive Plan. • i Joe recommended (1) that we go back from 120' to 101' foot right-a-way through this area which is similar to the 99' -right-a-way north of here. That would mean they would be dedicating another 43' of right-a-way. The townhouses dedicated 48' of right-a-way. (2) That they stay the required 20' back from the right-a-way as our ordinance now requires. (3) To discuss the side yard setback;. (4) Drainage from the back of the area.. It will have to get around from the back to the street. That can either be be picked up by interior storm drains or if it is overland it would have to come around the house and the yard. In any case the roof will drain off, so there needs to be some provision made for the drainage from the roof so it doesn't go on the neighbors property in any case. (5) The city does have an 18' water line in that area and there is a 30' easement for that. He did not think the city would allow an apartment built over that. Thi:~ is a major city waterline. That would have to be addressed. M.r Rice said they would work through that with the engineering department. (discussion) John Millar said we need to address three issues (1) Site Plan Apprcval, (2) Conditional Use Permit, (3) If we want to go for the Master Plan modifications. A motion was made by Jim Long that we accept Joe's recommendation as conditions. John Millar suggested if the area behind could be worked out it may solve the right-a-way issue. Motion seconded by Mary Ann Mounts. Ted Whyte abstained. A11 Others voting Aye. It was suggested that if they can't move back they would have to cut back on the number of apartments. (discussion on the bike path) A motion was made by Davawn Beattie to go to Public Hearing to modify the Comprehensive Plan to allow for a Minor Arterial instead of a Major Arterial. Seconded by Jim Long. All Aye with Ted Whyte abstaining. A motion was made by Jim Long to approve the sate plan contingent upon all set back requirements being met and contingent upon all department head approval. Seconded by Davawn Beattie. A:L1 Aye with Ted abstaining. RE: PUBLIC HEARNG FOR A VARIANCE FOR PARKING AT ROSS FARMERS APARTMENTS REJECTED TOPIC: (500,115,,,PARKING,IST W,FARMER*ROSS,Pi7BLIC HEARING) Public Hearing held before the Planning & Zoning Commission regarding proposed issuance of a Variance to allow for two student apartments which would be restricted to students without cars. The property is located at 268 South 1st West. Mike Kam was at the meeting to represent Ross Farmer to request the variance. Mr Farmer is asking because there i:~ not room on either side of this home for parking. In order to accommodate parking he would have to access through Carriage House and come in through the back yard. He is reluctant to do so because he does not know if he wants to keep this as a home or an apartment. He thought the best way to • accommodate this is to restrict the tenants to no cars. He has \~ ~, provided addendums to all their contracts which would require them not to bring cars. That worked well except there was one that slipped through but he has required that person to park over at the Carriage House. There is a driveway with a garage which is used only for loading and unloading. He is proposing to use this method to restrict it to no cars. Enforcement would be done by Mr Farmer by providing this .board with the documents required for the restriction. He is not sure this would remain the true character of this property. If it is not felt this should be a permanent variance, he is asking for a temporary variance for a year or so to see if that is what he wants to do with property. Other than that he would have to eliminate two or three parking spots in the Carriage House parking lot to gain entrance to the back yard. Under the present code, if he had not been grandfathered that would bring his parking well below the required parking. Public Comment Randy Landon- 2280 Tfdest 420C South- What Mr Farmer is trying to do, we as a community have had to allow for the required parking for our apartments. To allow apartments to go without any parking is a little unfair to the other apartment owners. This would not address the issue of visitors coming or families coming to drop them off. What it will do is not only hurt the Carriage House parking but it will hurt the other complex around this house because when the visitors come they will park in the parking of the ether apartments. He is against it. We have to have parking and it aieeds to be fair. Bill Johnson- 27 Randy Dr- He agrees with what Randy says. It would not be fair to the other apartments. That is why he has come tonight is to address their parking. He is against it. Monteray Allen- 480 South 1st West- owner of Summerset Apartments- This will set a precedence for other small homes around the college. There will be others asking for the same thing. They felt they should have to have enough parking. It was suggested that it would be hard to enforce the regulations. It would only open a can of worms. We would have to police it. Discussion about what we can do if we are faced with this more often or if you can do it for one and not another. There are transitional areas in the city. There are some areas as in the city that are in Geographic Areas. (discussion) If this was granted it would set a precedence and would have to be allowed if requested by other home owners with this Geographic situation. A motion was made by Doug Smith to reject the variance and let it stand as it is because of the difficulty it would create. Seconded by Jim Long. A11 Aye • /"'; t RE: PLAN REVIEW FOR PINE VIEW P_PARTMENTS PARKING APPROVED TOPIC: (500,117,,,PARKING,2ND S,FENCE,APARTMENTS) Plan review for Pine View Apartments - He showed a rough drawing of the lot. They have 130 some parking stalls and have 344 tenants. Right now in excess of 20 cars that are illegally parked in their parking lot and parked on the street. They are proposing to take their vacant lot that is 99' x 260' that is currently just grass and take a strip that is 99' x 130' and put it into parking. It would give them an additional 30 parking spots. There will still be a piece along 2nd South that will be in grass. Joe explained he had gone over the plan. On the west side adjacent to the proposed parking lot. it is adjacent to residence and they would need landscaping or a fence for a buffer. They have had 2 illegal parking spaces in the front yard setback that have been there previous to Mr Johnson's ownership. Mr Johnson stated they are proposing putting in a chain link fence with privacy slats in it. (discussion) Discussion. A motion was made by Doug Smith to allow him to go ahead with the plan as presented and allow him to decide rather to put in greenery or a fence as presented and also that he take care of the storm drainage. Seconded by Roger Muir. Jim Long voting nay all other members voting Aye. Motion Carried. RE: ANNEXATION OF OI,D DRIVE INN TO BE BUILT INTO SUBDIVISION . TOPIC: (500,117,,,SUBDIVISION,SEWER,ANNEXATION,HWY 33,L.D.R.2) Dave Barker representing Tom Goe with a proposed subdivision plan and a request for annexation. John Millar declared a conflict of interest and asked Mary Ann Mounts to chair the issue. This is the property at the old Drive Inn MoviE: Theatre. He showed a copy of the plat and explained it. They are proposing to tie into the water system at the Rexburg Business Park and t:ie into the sewer coming out from Sugar City. They are proposing the storm system to design on back of curb. The area is relatively flat and :;o with a low back curb storm water will drain naturally onto the individual lots. If that does not comply with what the city wants then they will design French Drains. They will set the road up high enough to drain onto the lots. Mr Goe has requested that the subdivision be Zoned L.D.R. 2 which does allow for 6000 square foot lot size. The frontage along the highway they are looking at fencing. There will be two approaches onto Highway 33. The rest would be zero access onto Highway 33 other than the two approaches. He is proposing to put in manufactured housing or stick built homes. There will be a building with a laundry mat. Joe stated that with the typical sections the Master Plan shows it as a minor arterial and this right-a-way would not f.`it that. The streets are not as wide as the minimum width required f:or residential typical sections. Dave Barker stated he understood that we can place sidewalk and planter strip on the property of the owners which would keep our 50' right-a-way. Stephen stated that has been discussed but not \, approved. Discussion on right-a-ways. Joe showed and discussed the typical sections. Stephen stated that at sometime we need to make a decision in the form of a motion if we are going to allow people to put their sidewalk and a green strip on their property or in the right-a-way. John stated we also need to know is this a very low volume or as 64' or a 74. There are no through streets. Doug ask what the criteria is to determine if it is low volume. Stephen said at this point there isn't any. Joe said we never tied them to any particular traffic volume or number of lots or anything of that nature. It was purposely left vague so we could have some discretion at looking at a particular subdivision as whether there was enough traffic to justify a wider street or not. With the 40' curb to curb section you have 11 foot traffic lane and a 9' parking. When you get an 11 foot traffic lane with a car parked to the side of it that is pretty narrow so you won't want a lot of traffic on it or there will be a lot of accidents. It will be a matter of judgement. Discussion. A motion was made by Doug Smith that we set this for Public Hearing for Annexation and Zoning. Seconded by Davawn Beattie. All Aye John asked if we can utilize the setback area for the sidewalk area? Stephen said the lack of a decision is it is not allowed, so it is not allowed. A motion was made by Davawn Beattie to accept the very low volume traffic typical section for the roads. Seconded by Doug Smith. All Members Aye except John Millar who abstained. RE: LYMAN SUBDIVISION APPROVED TOPIC: (SOO,l18,,,LYMAN SUBDIVISION,4TH W,HULL*VALERIE) Valerie Hull was at the meeting to present the Final Plat for the Lyman Subdivision on North 4th West. Kevin Thompson presented the plat. They have not changed the lot size since the preliminary plat. They have put in the utilitie easements. He has talked to the power company and the telephone company. Because there is a canal running on the west half of the right-a-way on 4th West we have a problem having room for asphalt so they have put the back of the curb right on the property line and the sidewalk on the land owners property which is the same as between 4th West and 2nd North. They have just continued on with the same idea. On the front facing 4th West he has put a 15 foot easement, five of that will be for the sidewalk and the other ten for utilities. Joe stated the plat looks good considering where the canal is. A motion was made by Davawn Beattie to approve the Lyman Final Plat. (discussion) Seconded by Jim Long. All Aye RE: GENE PALMERS HIDDEN VALLEY SUBDIVISION PRELIMINARY PLAN TOPIC: (500,118,,,PALMER*GENE,NORTH HILL RD,STREET,SEWER, WATER DEPT,SIDEWALKS) C ~~` Boyd Cardon was at the meeting to present Gene Palmer's Hidden Valley Subdivision for a preliminary concept. This is south of the Hill Road across from the trailer court. Discussion on streets, collectors and residential streets for low volume. Joe discussed the streets. They have not ,computed the lot sizes, this is only in concept. This will be served by city sewer and could eventually be tied to city water. Discussion on the bike path going past by the hill. It is there intent to develop a few lots on the lower section with the 1st phase with eight lots. They will design the road to meet standards specs. Discussion on storm drainage. Stephen stated we would not accept. the road it would be kept as a private road. (discussion) Gene stated that it was his understanding that the landscape strip could be on the property deeded to the people if that changes he would have to take a long look at it and refigure it. Doug suggested that was his concern too. He suggested that if we have a 8,000 or =L0,000 lot we could allow that. Gene said most of the lots are over 1/4 of an acre. Stephen told Gene on the smaller lots when we first looked gat the lot size it would have made a difference because it would have been difficult to get the minimum size lots. On the bigger lots it will riot make any difference. On a collector street we want 79' from back of sidewalk to back of sidewalk. Discussion on landscaping and sidewalk. Sidewalks are required in the city. It was suggested that Bruce Parker's property be annexed. Stephen stated they would not require: the septic to be taken out the minute the sewer is available until they need to replace the septic and neither does D.E.Q. or District 7. They would have garbage pickup available. A motion was made by Doug Smith that we go to F~ublic Hearing for Annexation, Amending the Comprehensive Plan and. Zoning it to LDRl, and that it include Bruce Parker's property in the annexation. Gene Palmer wanted it to go on record that he was opposed to force annexation on Bruce Parker. Motion seconded by Davawn Beattie. All Aye to the Motion. RE: PETE THOMPSON REQUEST FOR A VARIANCE TOPIC: (500,119,,,VARIANCE,THOMPSON*PETE) Pete Thompson 135 South lst West was at the meeting to request a variance to build on and go back with two rooms on his property. He wanted to build even with the existing house. His existing house is 5 1/2 feet from the property line. Stephen told him it does not need a variance it is grandfathered. RE: KEITH WALKER SUBDIVISION FINAL PLAT APPROV:ETOPIC: (500,119,,,WALKER*KEITH,SUBDIVISION,3RD N) Keith Walker was at the meeting to present his final plat the K.W. Subdivision. John Millar declared a conflict of interest. After review of the plat a motion was made by Davawn Beattie to approve the plat seconded by Roger Muir. All Aye Meeting Adjourned. •