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HomeMy WebLinkAboutP&Z MINUTES NOVEMBER 15, 2000. - ~U" .J"~ 1 DATE: (0111500) PLANNING & ZONING November 15, 2000 7:00 p.m. U Present: Chairman: Davawn Beattie Members: LaDawn Bratsman Ted Whyte Gary Steiner Raymond Hill John Watson Mike Thueson Roger Muir Bobbette Carlson Riley Bowman City Clerk: Marilyn Hansen P.F.C.: John Millar Council Member: Donna Benfield City Attorney: Stephen Zollinger Gary made a motion to approve the minutes of November 8. Motion was seconded by Roger, all voted aye, none opposed. Public Hearing for Modification of Comprehensive Plan John Millar read the Notice of Public Hearing for modification of the Comprehensive Plan. He then reviewed the suggested and potential modifications, presenting several maps reflecting the Comprehensive Plan as it presently exists, one showing proposed changes and the third map showing the Comprehensive Plan if all changes are approved. Potential changes are numbered as follows: 1. Business Park 2. Salem Highway 3. Walker Property 4. Barney Property 5. Area at approximately 75 N. 5`h West 6. 1500 West near U. S. 20 7. Area south of old Broulims store 8. Birch Plana area. 9. 7~' South west of the railroad tracks 1 The Walker Property and Barney Property were areas which recently surfaced and were not listed in the notice, for that reason they could not be discussed or any decisian made at this time. The Comprehensive Plan can be changed only every six months. John Millar reviewed each of the areas, why a change was requested and what the change would be. The public hearing was opened. John Hawker - 126 K Street (No. 5 area on St'' West) Opposes any change to No. 5, the area on 5th West. The zoning in this area was LDR1 when he purchased his home, being one of the reasons he purchased in this area and he opposes a change to a higher density. LoRee Howard - 155 N. 5th West (No. 5 area on 5th West) LoRee feels this should stay as a single family area and opposes the change to a higher density. She is concerned that if this property changes there are other places on 5th West that will request the change for apartments. David Daniels - 1_38 K Street (No. 5 area on 5th West) He lives near the duplexes that are there now, he feels a change to facilitate more apartments would diminish the value of the homes built there because it was an LDR1 zone. LuAnn Webster - 145 W. 1500 North (No. 2 Salem Highway) They live near the property on 1 S00 North and Salem Highway which is requested to be changed to Highway Business District. They oppose having a highway business district in their backyard. They built in the country, they do not want to look out onto a paved parking lot or a back end or side of a large commercial building. She also submitted to the record a letter from Francis Kay Clark in apposition. Henry Benavidez - 191 W. 1500 North (No. 2 Salem Highway) Henry lives near this area on Cemetery Road. It appears there is a distance between them and Salem Highway but it is not very far and even a small commercial building would bring more traffic into the area. Cemetery Road is a small road and not a particularly safe road especially in the wintertime to make a left turn at that intersection. He is also concerned about a commercial building in his back yard. Brad Bischoff - 131 W. 1500 North (Na. 2 Salem Highway} His home is approximately 662 feet from the Salem Highway. He purchased there for the farm type atmosphere, he has horses behind his house and would like to be able to continue with that. r~ ~.J 2 Dell Barney -Barney Dairy Road (No. 2 Salem Highway) He questioned if anyone had a problem with the proposed change in the No. 4 Barney area and objects to what his son plans to do. At this point there was none, but when the conditional use permit came up for this property there were several in opposition. John Millar pointed out that changing the Comprehensive Plan does not change the zone. Anyone seeking a zone change- still has- to go through the zone change procedure with-the public hearings. The Comprehensive Plan is just a long range look at the possibilities and are soft lines. Mary McCulloch - 25 N. Sth West (No. 5 area on 5`'' West) Lives next to the area on 5~ West and opposes any further multi-family units in that area: The public hearing was closed. There was a lengthy discussion on the present Comprehensive Plan, the changes in the City which have precipitated these changes, future areas that maybe changed and the work meetings that have already been held in reviewing-these issues. It was discussed by the Board that each of these areas should be discussed and voted on separately. 1. Business Park -The front portion to be changed to Highway Business District leaving the back area as Industrial. The Board had no problem or discussion with this change. 2. West side of Salem Highway, south of Cemetery Road -There is approximately 662' from Salem Highway to the first house. Roger had concern with this request. There is not a problem with commercial on the highway but he was concerned with a commercial zoning behind the homes. There was discussion of cutting off the Highway Business. District, zoning the approximate 600' feet from the highway and leaving the balance as Rural Residential, the possibility of changing the designation of Highway 33 to Salem Road, and widening the road at the Cemetery Road intersection. Ted declared a conflict of intereston this particular area. 3. Walker Property can be discussed but not voted on. Not knowing of the future plans this was not discussed. 4. Barney. Property can be discussed but not voted on. This is currently LDR and requested to change to MDR. 5. Area at approximately 75 N. 5~` West. There is an intent for this property to develop more apartments, although he owns some in that area, it is not grandfathered. There was discussion that in the original Comprehensive Plan there was a perceived use of that ground to be for single family residents. The neighbors are comfortable with that zoning, have been ;• 3 comfortable with that and in the long term plan of Rexburg this area should remain as LDR. There are apartments in that area, would anyone purchase this area for a single family home or if apartments do not go in could the land be used for duplexes. John explained when the zoning was originally adopted in 1968, the area on the west side of Sih West was zoned RZ which allowed for medium-density residential, all of the area on the east side of 5~ West was R3 which allowed for high density. There is one large apartment complex on the east side. When the new zoning ordinance was developed in 1991, several public hearings were held, there were area meetings, a lot of time was spent developing both the new zone and later the Comprehensive Plan. There was a feel in the neighborhoods at that time that the area was not to go further into higher density multi-family residential than it currently was. 6. 1500 West near U. S. 20. This area is along U.S. 20 along 1500 West. There is currently a preliminary sketch for a subdivision in that area. It is single family residential, there are two large storage units built prior to the time of the Impact Zone. There was discussion of the transition,from the storage units to single family units and it fits in with the overall plan. 7. Area south of the old Broulims stare on 1~ West. It was zoned for that use in 1991, this brings the Comprehensive Plan belatedly into agreement with the zoning. There was no discussion on this area. 8. Birch Plaza area on l~` West. This area is similar to that just mentioned, it has developed quite rapidly into high density, a significant portion pre-dating the Comprehensive • Plan. No discussion on this area. 9. Area along 1500 West north of 1000 South west of the railroad tracks. The area was set up in the Comprehensive Plan to be single family residential and industrial and the proposal tonight is to increase the density use of that property. The home of Mary Ann Beck is included in this change at her request. The zoning on this property now is Rural Residential so to go from any use other than that will require a zone change, to get to a zone change it has to be in compliance with the Comprehensive Plan. John Watson made a motion to recommend to the City Council that No. 1, No. 2 including the entire parcel as HBD, No. 6, No. 7, No. 8 and No. 9 be approved exactly as they are presently marked on the map. No. 3 and No.4 are not to be included. Disapprove No. 5. There was no second to this motion, the motion became dead. After discussion it was unanimously decided that each area should be voted on separately. Raymond made a motion to recommend No. 1, the business park area be changed as it is recommended and sent to City Council. Ted seconded the motion, all voted aye, none opposed. Roger made a motion to recommend to the City Council that No. 2 be approved far Highway Business District for the 662 feet directly west of Salem Highway and the balance of that • property in question be left as Rural Residential. Said motion was seconded by Gary. The voting was as follows: Ted -abstained Mike -nay John -nay Riley -aye Raymond -aye LaDawn -aye Bobbette -aye Gary -aye Roger -aye The motion passed. John Watson made a motion to recommend No. 5 ,the area at approximately 75 N. 5~' West, not be approved. LaDawn seconded the motion, all vote aye, none opposed. Mike made a motion to approve No. 6, the area at 1500 West near U. S. 20, No. 7, the area south of the old Broulims Store, and No. 8, the Birch Plaza area. Ted seconded the motion, all voted aye, Gary abstained because of a conflict of interest. Mike made a motion to recommend the change for No. 9, the area along 1500 West north of 1000 South west of the railroad tracks. Gary seconded the motion, all voted aye, none opposed. Public Hearing for Joe Allen at 17 N. 1500 West. • John Millar read the Notice of Public Hearing. John described where the property is located and the request for annexation and zone change as Highway Business District. It is contiguous to the city boundaries. Joe Allen would like to have the entire parcel zoned HBD, he questioned what he would do with the back portion as Rural Residential and what was accomplished by not zoning the entire parcel HBD. The public hearing was opened. Bob Carlson - 539 W. Main He requested that as the changes are made on the Comprehensive Plan on the Salem Highway to keep in mind what is being done to downtown Rexburg. There are businesses up against the sidewalk and no parking. Lets not do the same thing on the Salem Highway. He has no opinion as to this zone change but is in favor of anything that can be done to make additional parking. Henry Benavidez - 191 W. 1500 North Questioned what would be done with the land. A concern he has is noise, it is quiet there and he would be concerned about late hour noise from a commercial business that ran 24 hours. LuAnn Webster - 145 W. 1500 North She feels that Cemetery Road is a safety-issue for business in that area. • 5 Mitch Neibaur - 3665 N. Hwy. 33 . He is interested in Rexburg having an opportunity to develop a business environment to create more jobs. This area will develop, it needs to be made attractive with an ease to get off and on the highway, maybe the home owners have an opportunity to make Joe an offer to purchase that property. They may also go to Joe with some compromise to put in nice buffers. Joe explained-his plan further, he wanted to change the zoning on the entire parcel, he and Holly will be moving into the house that is there right now. The house will be there for awhile, he has two kids and a dog and is worried about safety issues also. He feels that changing the zoning from industrial is making an improvement. The public hearing was closed. Ted declared a conflict of interest but wanted to address the safety issue. The safety in streets, curbing and lighting become elements of annexation into the City which the neighbors do not want. Roger made a motion to annex the entire parcel with the 662' (the legal dimension) directly west of Salem Highway zoned as Highway Business District (HBD) and the remaining portion be left as Rural Reszdent~al f©1_lowing the ComplehenSlve Plan. Mntinn was seconded by Mike, ail rote aye, none opposed. Public Hearing for Scott Spaulding • John Millar read the Notice of Public Hearing. This request is for the No. 6 property on the Comprehensive Plan. This property is approximately 10 acres. Scott had a site plan for the property. There was discussion that the plan was. not consistent with the changes that were just made on the Comprehensive Plan. Scott explained that the developer would like MDR (Medium Density Residential) to give the option of going duplexes or 4-plexes in this area. Stephen explained to the Board that the site plan should actually not be looked at tonight, they should be considering that if annexed, what the appropriate zone should be for the parcel as a whole. The public hearing was opened. Paula Sonderreger - 1627 W. 190 South There were two concerns or comments, she becomes offended when people say they will build apartments along the highway because it is an undesirable place for single family units. Scott clarified that he is not speaking of apartments but ofmulti-family dwellings which is different and will be made attractive. She would also hope that the developer would work with the 6 • .Highway Department to put up some kind of sound barrier or privacy wall as is done along I-IS in Utah. If this were done, then you are not dealing with a highway. She would prefer that it would be all zoned as a LDR1 for single residential. Eric Erickson - 1573 W. 190 South He questioned what will be done with the road between 1000 South and Hwy 20. Annexation is being considered a-cross that road, it is a poorly constructed- road- and this will bring an increase in traffic. He was informed that this would become a City Street and designated as a Collector Route on the Arterial Plan. John Lewis - 1576 W. 190 South He likes to see progress, however, he moved from a large multi-plex area to get away from that. He is concerned that if this is zoned to build apartments, and regardless of what the developer intends, if the market is there to build apartments they will be built. He would like to see it kept for single family homes and not apartments. Lori Warrick - 231 So. 1500 West As neighbors they presented a proposal to Mr. Spaulding asking that he go to the developer requesting it be zoned LDRl for now, with a time limit to see how it goes. She is concerned that apartments will lower the value and quality of homes. The developer feels there is no way to set a time limit on whether or not something will sell and ;\• as a developer he is trying to make a good investment. The developer feels it is best to continue in the track he is headed and the issues should be solved now rather than waiting for a few years down the road. Rexburg is growing, the area is developing, the City has a master plan that includes the development ofmulti-family dwellings. AlI multi-family dwellings cannot be put in one area of the City, they have to be scattered around. The whole idea of having multi-family dwellings mixed in with the balance of the community is to encourage the dwellings to be very attractive and nice. The City has an obligation to make that type of housing somewhere and if not here, where is it going to be. Richard Bird - 1595 W. 190 South He is concerned with the water rights, will they stay with the property or be lost. He was informed the water rights stay with the property. He questioned if the ditch is covered how it will be accessed and was told the developer would have to make access available. There was discussion of fencing, and what should be in the area. Stephen Zollinger - 176 N. Center -speaking as a resident, not the City Attorney His concern is similar to the residents that live in Widdison Addition. The only difference between MDR and LDRl is that duplexes are conditional in LDRl and permitted in MDR. If all the developer wants to build is duplexes he could get Conditional Use Permits for the duplexes. A condition of MDR is that it gets tri-plexes, quads, and Ss and 6s and those do start '. • 7 to look a lot like apartments. He is also concerned about the increased traffic load generated by • 4-plexes on the lots as opposed to duplexes. The public hearing was closed. Gary stated a conflict of interest. __. Mike voted for the Comprehensive Plan as mentioned and if the MDR had been extended any other way he would not have voted for it. Riley voted for it as shown believing it would be a transition between the MDR and LDRl. Ted is concerned about 4-plexes being turned into rental units. He voted on the Comprehensive Plan believing it would be a transition to the Widdison Addition putting the 4-plexes against the storage units. An LDRl zoning would allow townhouses with a Conditional Use Permit. A townhouse is not generally perceived as an apartment. Discussion Roger made a motion to recommend to the City Council this property be annexed with an LDRl zoning. Bobbette seconded the motion. All voted aye, none opposed. Hawkins Companies Request for Annexation and Zone Changes at 7d' South and 1500 West. Clint Boyle from Hawkins Companies, 8645 W. Franklin Rd., Boise, Idaho presented details of • request for annexation and zone changes. He reviewed some of the projects which this company has done in the Idaho Falls area including Winco Shopping Center, Edwards Theatre project on Hitt Road and the Walgreen Pharmacy on 17d' and Holmes. Clint presented a project overview including the plans for the project, the possible change in the railroad track crossings across from Les Schwab, the plans for single family homes, townhouses, and apartments. Hawkins Companies will just be developing the subdivision not doing the actual building. They have contacted Gary Voigt concerning the housing portion of this project. With. the commercial end of the project they are planning for more of a retail type user and further in more of an office type development. Assuming the project is approved, next spring the first phase would be to accomplish the realignment of the street Eaglewood Enterprises request for zone change from MDR to HDR Keith Romney representing Eaglewood Enterprises is requesting a zone change on the corner of 700 South 300 East. Said property is located just south of the Aspen Village Apartment complex. Keith presented a drawing showing the proposed complex This zone change would be in conformance with the master plan of the City. Discussion of the phases of the plan. When all the property is developed 7`~ South will continue through from 2nd East. • 8 Mike made a motion to send this request to public hearing. Motion was seconded by Bobbette, all voted aye, none opposed. Clint Parkinson Request for Zone Change at 75 N. 5th West John Millar explained the request for Zone Change at 75 N. 5th West which was listed as No. 5 on the Comprehensive Plan. From the motion on fhe Comprehensive Plan this request-would be pre-empted due to lack of change of the Comprehensive Plan. Ted made a motion to deny this request based upon the denial of change on the Comprehensive Plan. Riley seconded the motion, all voted aye, none opposed. Glen Reed plot plan review Glen presented his plot plan review for apartments located on 4th West. There was discussion on the number of parking spaces allowed compared to the number needed tinder the new parking ordinance. Glen stated that he had worked with Val and Joe on this matter for a long time and had not been informed of the new parking ordinance. This project had been before Planning & Zoning previously for a zone change, there was a lengthy discussion on what substantial steps had been taken on the project and whether it needed to fall under the new parking ordinance. John Watson stated as hard as the Board had worked on revising the parking ordinance he was not comfortable with approving this at this time. John Millar stated if it worked with Mr. Reed, John would take this plan to Val and Joe and discuss with them the time frame, when and exactly what was discussed rather than just table it. John Watson made a motion that this plan be sent back to the owner for review by the City. Mike seconded motion, all vote aye, none opposed. Deseret Industries Plot Plan Review John Watson presented the plan from the LDS Church for the property located near the bowling alley on 2nd East fora 4200 sq. ft. building. The property will ultimately house a new Deseret Industries Store, Beehive Clothing, a cannery and offices for PFM. This project meets the parking requirements and has been presented to the Highway Department. There will need to be a subdivision plat prepared. The project has been approved by the Presiding Bishopric but the time Line is not known at this time. Ted made a motion to approve the preliminary plat and move forward with the final plat on condition of receiving a subdivision plat. Gary seconded the motion, all voted in favor, none opposed. • 9 r Site Plan Approval for lot in Business Park • John Millar presented a site plan for a lot on the south side of the Business Park about 3 lots from Jeff Lerwill's real estate office. It does meet the requirements for set backs, parking, and landscaping. The building is for Russ Michaelson's computer chips warehouse. - - Ted made a motion to approve-the site plan subject to City approval. S-aid-motion was seconded by Roger, all voted aye, none opposed. Meeting adjourned. • 10