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HomeMy WebLinkAboutP&Z MINUTES FEBRUARY 28, 2001PLANNING & ZONING February 28, 2001 7:00 p.m. Presiding: John Watson Members: LaDawn Bratsman Ted Whyte Raymond Hill Doug Smith Mike Thueson Bobbette Carlson Glenn Walker Mike Ricks City Clerk: Marilyn Hansen P.F.C.: John Millar City Attorney: Stephen Zollinger In the absence of the Mayor, Donna Benfield extended thanks and appreciation and presented a plaque from the City to Raymond Hill for his service on the Planning & Zoning Commission since May, 1999. Robert Schwartz was welcomed to replace Raymond. Ted made a motion to approve the minutes of February 14, Bobbette seconded the motion. All voted in favor, none opposed. Fddie Pincock Request for Variance John Millar described this lot as a single house with a 4-plex at the back. The request is to split the lot into two separate descriptions. Their intention is not to sell separately but they are seeking separate financing. Eddie Pincock - 163 E. 2na South Eddie distributed a drawing of the lot showing the location of his property. They fall approximately 1400 sq. ft. short of being able to divide for financing reasons only. As he understands this, the home needs 4500 sq. ft. and for every unit after that it requires 1500 sq. ft. If they were to divide it, the home falls short of the required square feet. They are requesting this variance so they do not have to purchase land from their neighbor, Steve Whitfield. This would not be to sell the property separately but strictly for financing. Discussion of the square footage on neighboring properties, the requirement and violation of the zoning ordinance, the requirements for financing homes with apartment units. He could purchase property from the Whitfields in the back but would rather not have to use this option. The Board reviewed the requirements for granting a variance. Stephen's legal opinion is there is not a legal way of accomplishing the request for Mr. Pincock without purchasing a little extra square footage. John Watson stated that in the years he has been on the Board he does not remember a project which was orchestrating or manipulating a piece of property to accommodate financing. He felt this was a backward approach. There was discussion concerning the legalities, the fact that nothing is being sold off, consistency with the ordinance. Steve Whitfield - Steve understands that if this variance is granted there is a bad precedence. He wanted to explain the nature of the property. When these houses were built in the late 30's or 40's the corner house was the edge of town and these properties were split up in a screwy manner. This situation is so old it doesn't meet nor will ever meet the requirements of the Commission. It can probably never be sold separately because the conservative nature of the College would not allow a piece of property without management on the physical property so the parcels would have to stay together. His property joins the Pincock property and in the past it probably would have been better to have sold all three units together. He has plenty of land to sell but it is not to his advantage and would depreciate his property and his leverage in being able to sell his property. It would be going against the zoning rules but on the other hand the property is so old it will never meet the criteria. He would support the approval of ties variance. Discussion concerning the legality of going against the ordinance and there is nothing in this request that meets the variance requirements and' the violation of the law. Ted made a motion to deny this request on the basis that it does net meet the legal requirements and criteria for granting a variance. Motion was seconded by Mike. All voted aye, none opposed. Jeff Vail request for Zone Change at Teton View Drive In John Millar reviewed this property. Tom Goe purchased the drive-in theater with the intent to develop the property into a residential subdivision. It is presently zoned LDR2, they are now requesting a zone change back to commercial to meet their purposes. Jeff Vail - 262 S. 3`d West Jeff stated their desire to build a family entertainment center which would add to the activities available in this area for families and everyone of all ages. The proposed plans are for a miniature golf course and a go-cart track right at the drive-in location. Between the highway and the drive-in on both sides are two pieces of ground open and empt~~. Looking at a satellite image the parcel on the south is the Stegelmeier property and on the north side is the Davenport photo gallery. Jeff described the potential layout for the project. He is trying his best to keep the 2 movies rated for families and he feels to make it work he needs to diversify with other activities and it would add to the community. Tom Goe has no intention of coming back to Rexburg and is sending a request, as the property owner, for this zone change. Discussion of the appropriateness of this area being Highway Business District, the zoning on the Comprehensive Plan showing this parcel being agriculture and the time line to change the Comprehensive Plan which can only be done every 6 months and was just changed in January. The use as a drive-in was granted previously because it was an established use. Jeff was advised to get the letter of authorization from Tom Goe and return in five months requesting a Comprehensive Plan and zone change. Hawkins Companies Preliminary Plat Review on 7~` South and old Hwy 191 John Millar explained that the plat shown tonight divides this 80 acre parcel of ground into several large lots and the proposed zones. Mike Thueson was excused. Doug Matthews -Hawkins Companies Doug represents Hawkins Companies and explained what their intentions are with the property, that they do not do the developing but sell to other developers. Russell VanAllen - 932 So. 1560 West Russell is a neighbor to this proposed subdivision and reiterated the conditions which the neighbors have requested previously to go along with this request. These conditions were set out earlier in the annexation hearings which include buffers. Stephen explained that the points were well taken but this matter is a plat review which is simply to approve or disapprove the lines of property separation proposed by the Hawkins Companies. The issues brought up by the neighbors have been addressed in the annexation and zone change hearing and will again be dealt with when someone actually buys the lots for construction and they come in for a site plan review. Mike Ricks made a motion to accept this plat as drawn. Glenn made a second to the motion, all voted aye, none opposed. Doug Smith arrived. • Apex Development Request for Zoning Ordinance Changes John Millar discussed the letter received from Apex which explained their requests and suggestions. In order to make married housing feasible in this area. they suggest we need to consider a higher density and also a possible decrease in the parking requirements from 2.5. Ted declared a conflict of interest. Dave Hunter and Todd Peterson were representing Keith Nellesen, the CEO of Apex. They work closely with Ricks College and understand that Ricks is in dire need of married housing right now. They are short now without them going to the 4-year school. Ricks has zero interest in building married housing, they want this need filled from private developers. At the current zoning of 30 units per acre it does not make financial sense doing married housing. Doing a comparison of 42 married units per acre to 30 units of single housing, the 42 units have more landscaping, less building and less parking. The current zoning allows for 180 single students per acre but only allows for b0 in married zoning. On the parking issue, single zoning is now 1 car per student, in married zoning it is 2.5 spaces per unit. Married housing requires more parking per person. They have graphs broken down showing the percentage of land dedicated to green space and parking based on 30 or 42 units per acre which will require a ~~lassive au~our~t of parking. Discussion concerning now many married couples have two cars and parking for visitors, the feasibility of making married housing work due to cost of land, the cost of rental comparisons between the two densities, the rent for the higher density would try to be kept at $450/month, open space for children to play, types of renters. Most of these apartments are single bedroom, some may have another small. room that can be used for a study. The preliminary plat for this project has a centrally located clubhouse and park. John Watson recommended a committee be formed from the Board to research a higher residential density zoning, the location where these zones would be permitted, any necessary deviation in parking for this zone and return with written recommendations to the full Board. The committee will include John Watson, Ted Whyte and Glenn Walker. The Board should return with a recommendation far the March 28 meeting. John Millar also suggested a work meeting for other items that have surfaced and need discussion which include Planned Unit Developments (PUD), multi-layered commercial zones with possibly a neighborhood commercial, a light commercial or a heavy commercial along with other possible changes. Stephen also suggested a look at the parking requirements because there are distinctions between married student housing and single student. In married student housing one bedroom and two bedroom units should not be considered as units and there may need to be a deviation from the unit concept to a bedroom concept. • Bruce Sutherland Request for Zone Change from HBD to HDR at 165 N. Center LaDawn stated a perceived conflict of interest; but she is sure she will not benefit one way or the other and will be able to make an unbiased decision. From the new zoning map John Millar reviewed the lot which is in question on 2°d North and Center Street. There are 3 parcels currently zoned HBD, one owned by Sutherlands, one by Dan Newman and the other owned by EISSA. The property with the business of Rexburg Floral will be left as HBD. Gary Sutherland - Gary is representing Bruce Sutherland and explained there are no immediate plans other than changing the zoning to fit in with the other HDR zones surrounding their property. The requested zone change precludes the property where the business is. With all three properties being consistent with the. Comprehensive Plan and the surrounding zones Raymond made a motion to approve this request to go to public hearing. Motion was seconded by Mike Ricks, all voted aye, none opposed. City of Rexburg Request for Zone Change from MDR to HDR at 350 E. 7"' South On 7th South between 6th and 7th South on the new zoning map John Millar explained there is a strip of land, 99'x166' which is zoned MDR in the middle of HDR zones. There was a zone change for Apex Development changing adjoining property to HDR and this strip now is out of zone and the City is requesting this for a zone change to HDR. a Doug made a motion to approve this request to go to public hearing. Motion was seconded by Bobbette, all voted aye, none opposed. Ted declared a conflict of interest. The Board was reminded of the special meeting for Planning & Zoning to be held on Tuesday, March 6 at 7:00..