HomeMy WebLinkAboutP&Z MINUTES JUNE 27, 2001PLANNING & Z®NING
June 27, 2001
7:00 p.m.
Chairman:
Members:
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City Clerk:
P.F.C.:
City Attorney:
Davawn Beattie
Ted. Whyte
John Watson
Mike Ricks
Glenn Walker
Winston Dyer
Bobbette Carlson
Robert Schwartz
Ladawn Bratsman
Marilyn Hansen
John Millar
Stephen ZoIlinger
Winston made a motion to approve the minutes of May 30, 2001, seconded by Bobbette. All
voted aye, none opposed.
Davawn thanked the Board for the great jab they are doing for the City. There have been some
tough issues making it difficult to keep everyone happy but he appreciates all the effort.
Discussion concerning new ordinances and other items to be modified in the zoning ordinance.
Public Hearing for Nelda Jeppesen for Annexation and Zone Change
John Millar read the notice of public hearing. John then explained the location of the property
and the request of the applicants.
The public hearing was opened.
Michael Kam -Attorney representing Nelda Jeppesen
Nelda owns a Little over 10 acres in the area of 7th South and 5th West and it is her desire to sell
the property, there is a potential buyer which sale is contingent upon the property being annexed
and being rezoned as HDR2. Michael distributed pictures of what the project would look like.
As previously indicated there is water and sewer, it is the type of growth the City is anticipating
and is consistent with making sure there are adequate services which do not overburden the
system. The. anticipated use is for multi-family apartments.
Don Rydalch - 648 So. 5th West
Don and his wife, Doralee, are strongly against the zone change from Rural Residential to
HDR2. The annexation seems fine but not with the proposed zone change for two reasons.
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• They are not against the family, just against the issue. Such a zoning level is not compatible
with the surrounding area, on the east is LDR, on the south is RR, west across the street is LDR
and north across the street is the only thing that is other than residential, which is MDR. He
wishes news articles were more adequate, information seems to be too slanted toward items
being done and the whole story is not reported.
HDR2 is not compatible with the surrounding area. That allows for 42 .one-bedroom apartments
per acre which is totally inconsistent with surrounding zoning even in the Medium Density.
These changes are all precipitated by the changes at Ricks College. Because of the anticipated
growth he feels the City needs to exercise more restraint, not less, and things need to move
slower and not faster. Planning & Zoning provides the only protection for citizens who want to
continue to live in their homes without a maze of 38-42 units on ground nearby.
Wes Lawrence - 1144 So. 1000 West
In the strongest language possible he is adamantly opposed to this proposal for several reasons.
First and foremost the large number of quiet single family residences it would negatively impact,
his property and the subject property parallel each other. If it is necessary to rezone it should be
single family residential to be compatible with the homes in the area. Rezoning at this time
seems to be premature given the amount of property already within the city limits that could be
zoned for multi-development. Proper zoning is to protect the people of the community, to
bla*iantly overlook this pi~ncipie would be a great iilistake and encourages the Piar,3-iing «.
Zoning Committee to carefully consider the negative consequences of this proposal.
• Lamar Ellis - 1033 So. 1000 West
He has Lived across the street from Nelda for many years and thinks the world of her. He has
two artificial knees and can no longer do the yard work and is trying to sell his home. He has
leased his home with an option to buy, the people loved the house and were willing to make the
deal until they got wind of the apartment situation then they backed out on the sale. Since then
they have had someone else interested in buying the house until they also got wind of the
apartment situation and dropped it immediately. Residential houses in that area would be fine.
He is against having 3 story buildings in that area and is against this project.
Thomas J. Blackham - 165 So. 1000 West
He lives just across the street from the subject property. Last year the tranquility of the
neighborhood was shattered by the City proposing to annex the whole area LDRl which
included the Jeppesen property. It is a matter of record the neighbors were against this proposal.
In a letter dated July 18, 2000, Mayor Sutherland informed the neighborhood of two new city
resolutions, establishing a policy the City would no Longer extend water and sewer services to
non-City residents. He was accustomed to drinking City water and later many properties were
thereafter annexed. Besides the water, he was further attracted to the City because of the land
use restrictions which come with LDR1 zoning of the properties, he liked the assurance given to
them as property owners. Gone would be the assurance of low building heights, low traffic
problems and low nuisances if this project is approved. He is aware of the dollar incentives
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which come to property owners, real estate agents and the City but this is not the issue. He puts •
his trust in the Planning & Zoning Committee to follow the mandate to protect stable
neighborhoods of detached single family dwellings by rejecting this request for HDR2.
LucyBlackham- 11b5 So. 1000 West
Lucy agrees with her husband, she clearly thinks zoning to high density is incompatible with the
neighborhood, there is not a need, the process should be slowed and looked at more carefully_
and she trusts the Committee will do that and look at it more carefully. She pleads with them to
take a second look.
Delynn Edstrom - 1119 So. 1000 West
Deiynn Lives across the street from Nelda and he requested the letter of opposition which had
been turned into be made into the record. The letter was read into the record signed by b4
neighbors.
Greg Furrows - 776 So. 5th West
Greg lives just to the west of the subject property and has lived there since 1992, he was excited
about the rural setting but being close to the City. He was opposed to the annexation that took
place last year, his opposition was financial in that he did not want to pay the additional taxes
but also a little fear in what might happen in the future. Now he sees that fear starting to happen
aS far as this protect wlfh nigh density housing across the street, he vJould iiot be opposed to
single family homes. It seems to him that the representatives of the Jeppesens last year were
opposed to the annexation, he only believes the reason they want to annex now is because of
financial gain. -They are not going to be in the area any more to deal with it, he believes that any
one who is for this rezoning to high density is probably not anyone who is going to live in the
local area. The Planning & Zoning Committee is the only representative of the neighbors and he
would appreciate their consideration.
Darin Call - 1089 So. 1000 West
He wants Nelda to know he is not against her or her family but he is against this proposal.
Everything has already been brought up that he is concerned about and particularly the traffic
situation. At certain times of the day you cannot get across 7th South now. You put 42 units per
acre and the road system will not handle it. Homes would be no problem at all, keep the houses
on the south side of 7`h South and the apartments on the north side of 7th South.
Jean Call - 1816 So. 1000 West
She has lived in her home for 48 years, she has seen good growth, it is a good neighborhood. She
feels putting in apartments is a big mistake, the noise and the traffic would take away from a
great neighborhood and she would appreciate consideration of the residents.
Randall Foster - 728 So. 5th West
His property is across the street from Ms. Jeppesen and he would like to go on record in stating
they would rather see the area zoned as a Low Density or Medium Density residential rather than
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High Density for the same reasons that have been set forth by the other residents.
Hal Hunter - 1075 So. 1000 West
He and his wife spent a long time trying to find a building place on that street, they lave it there.
In his heart he does not believe this was Nelda's idea, she is such a solid citizen, but she has
been persuaded into this situation. His place cannot be seen from the street, children find it by
_ ___ the -dozens, there is a pond,. when the City chose to -close the- swimming-pool -they had increased-
traffic and he would like to continue to see Gale Harding's Christmas lights. He would do
almost anything to stop a higher density of children in that neighborhood, no one has ever been
struck by a car yet of the hundreds of children that come to his place, but he worries about
dozens of children living across the street. He has grown used to a rural lifestyle, dogs can find
his place and it is just one of those kinds of neighborhoods. He is very much against this as he
supposes Nelda was at one time.
Gale Harding - 329 W. 7`h South
Gale is just east of the proposed zone change and he wants to stand in opposition to the project.
He is not opposed to the annexation but very much opposed to going to High Density Residential
2. It seems that ?t'' South over the last couple of years has been the street to open people up to
Ricks College and he opposes any more high density on the south side of 7~' South. He knows
what people look at when they come into a community, over the years he has had the experience
of kno`,~.arig w~~iat ma~i~ed housing can do w~tii an irliiux of people that come and go and the
instability within a neighborhood is very severe. He and his wife are very much opposed,
nothing against the Jeppesen family, but he would ask for consideration of the Planning &
Zoning to think of Rexburg, the community and the neighborhood. As soon as High Density is
opened up and progressing to the south there will be dire trouble somewhere, there should be a
plan to look to the future and he agrees there are other properties that can expand within the city
limits without interfering with the community south and north of 7"' South. He stands opposed.
Neal Christensen - 1143 So. 1000 West
He stands opposed to this project. The proposed plans are downright ugly, he can't imagine
looking out his window and just seeing this building. The plans should stay in Utah, we can do
better than that in Rexburg and he has a lot of faith in the Planning & Zoning Commission.
It was requested by Don Rydalch that everyone in attendance opposed to this proposal stand and
be counted. The count was 36.
Judy Davis-Hobbs -Real Estate by Archibald
Judy is the realtor representing Ms. Jeppesen, one of the clauses in the listing agreement is that
Nelda Jeppesen will retain a life estate, she is adamant that she is not leaving her home, she is
not razing and pillaging the neighborhood, she will be there to be part of the development.
The public hearing was closed.
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Discussion by the Board, John Watson stated he has looked through the ordinance and studied
the Comprehensive Plan and restated a comment that one of the charges was not only to help
steer the City consistent with the Comprehensive Plan realizing the .City is a growing organism
and we are trying to assist in that process even though some decisions to be made are painful,
but also there is a responsibility to listen to the community. Discussion concerning the degree
of listening to the community, taking into account everything presented which includes the voice
of the community and yet have the authority and obligation to do what is in the best interest of
the community as a whole.
John Watson stated that in the last six months at almost every meeting there has been a request
for higher density development, yet he drives around and does not see them growing, if the
neighbors were ignored you could argue the point that the Comprehensive Plan allows for this
zone, but he would like to prioritize some of the higher multi-dwellings and would like to see it
come into other locations rather than single family. He feels it would be a shame to approve this
and then the other pieces not move forward. He is concerned that the Board approves, argues,
debates, analyzes numerous projects that do not come to fruition because they were being driven
by financial reasons.
Robert Schwartz stated that as he views Rexburg he sees every entrance into the city a
commercial development, there ought to be someplace you could come into the City and get an
idea of Sometiling besides a Coiiuiler Ciai de"veioprfient. Some day the tlIrle will come When n0
doubt this property would be changed but does not feel now is the time, there is adequate time
available elsewhere to be used for High Density.
When the property was first viewed by Bobbette, and the issues studied she felt that it would
probably go, but listening to the neighbors she feels maybe this is not the right time to do this for
the community as a whole. She agrees with John that there have been some major changes in
this community and we are not seeing the developers come through. Stephen reminded the
board they are looking at two questions, annexation and the zone to attach to it, then it becomes
the Jeppesens decision whether they want to continue with the process.
Ted, in listening to the comments and looking at the projects that have been approved, he
continues to look for property for developers and most of them are on a wait and see basis to see
how the college grows, they are coming in to position themselves so they will have ground to
build on when the college grows, this is a typical process. The college is asking for 1400 units to
be built to accoimnodate married housing over the next five years, the question to the Board is
where are those 1400 units going to ga, away from campus or close to campus. It is a hardline to
watch the developers needs, making it financially physical for them to accomplish it, appeasing
the neighbors, making it a good solid community to live in and accommodating the requirements
that Ricks College is requiring.
Mike had concerns with getting people on that narrow road with children walking to school, no
sidewalks, and any access from this property coming out on the west side will go onto a very
narrow road and any access going from the north has two ditches. There will be an access
higher than the level of 7th South. He is concerned from a safety standpoint.
Winston feels there are two principle issues, one is a huge problem with the need for married
student housing, the private sector has been challenged to come forward and fill that need and
everyone that has pencilled it out, unless they get incentives or breaks, it isn't going to happen.
The college is prepared to come in_and fill that need andif_they do so then the- problem will be
worse because there will be subsidized housing and no one can compete with that. From a
planning perspective there is a Long range problem that needs to be addressed. Clearly the
Comprehensive Plan does show that area for this type of project however if this were his own
neighborhood he would be here in force with these neighbors.
Glenn is not opposed to the annexation but is having a hard time because of safety putting that
many people in that area. He is for the annexation but opposed to the zone change for High
Density Residential 2.
Discussion concerning the traffic at the Madison Middle School and being uncomfortable with
this, it is buildable land, other areas better for this type of project, infrastructure available to
handle the project and traffic, review of the distinction between zones, project being annexed
and at what appropriate zone.
John Watson made a motion to recommend this project go to public hearing before the City
Council for annexation and zone change to Medium Density Residential (MDR). Ali voted aye,
Glenn abstained.
The Jeppesen family was informed this matter can go forward to the City Council, they can
withdraw the request or they can appeal to the City Council and request the Council override
the recommendation of Planning & Zoning.
Newport Investments Site Plan Approval
John Millar presented this project showing the location of the property in question which
includes 2 blocks on 4th West between 5th and 7t'' South and 1 block of 6th South between 3rd and
4th West of approximately 8 acres. One thing not shown on the site plan is development of the
one block of street on 4th West from 6th to '7th South that will be required to be developed. Curb
and gutter has been required on the East side against the property line. Fire Department's review
shows a main concern that access be required on 4t`' West. Water and wastewater supply in this
area has excellent capacity, storm drainage-.will be a larger issue, they are showing relocating the
existing City ditch to come into the canal further up. Discussion.
Keith Nellesen, Newport Investments, 580 So. State, Orem, Utah
Keith reviewed the site plan explaining the phases this project will be built in. The two units in
the Northwest corner are projected to be complete by December, the clubhouse being built with
the other 3 units will be an economic decision to be built at that time or later, the complete time
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line on the project was predicted for next August, depending on when they can begin. All of the
exterior apartments are 2 bedroom, all interior apartments are 1 bedroom which gives an exact
mixture of 1-2 bedrooms. The complete project is 160,000 sq. ft. Discussion.
Glenn made a motion to accept the site plan with the addition of the street on 4t'' West to 6~
South to the specifications the City requires. Winston seconded the motion, all aye, none
- opposed:
Jay Jenks, Conditional Use Permit for apartments on Barney Dairy Road
John Millar explained the property location which was formerly owned by Ted and Edna Garner.
The request is for a conditional use permit for 6-plex apartments. The submitted plan was
reviewed. The property will require an on-site pump station for wastewater. Discussion.
Ted made a motion to recommend this conditional use permit request to public hearing,
seconded by Bobbette. AlI voted aye, none opposed.
De Jones, Conditional Use Permit for basement apartment at 107 E. 1S` North
This request is for a family duplex apartment, De living in the upper floor with the apartment in
the basement. There has been a commit-nent to bring this unit up to code, including ingress
windows, parking is sufficient for 4 vehicles and this request will need a public hearing.
Bobbette made a motion to send this Conditional Use Permit request to public hearing, seconded
by Mike. A11 voted aye, none opposed.
Jeanene Dennett, Conditional Use Permit for apartment at 154 Rosewood
This horrie at 154 Rosewood is being built, Val, the City Building Inspector has reviewed it, it
will be difficult to get adequate parking, this project needs to be looked at carefully, the property
is zoned LDR1 and an apartment is allowed as a conditional use if all criteria is met. Discussion
concerning the possibility of restrictive covenants, the parking requirements and the need for a
good site plan. This is for non-family housing, for 4 students it would require 6 parking stalls.
Ted made a motion to approve this matter for public hearing at the discretion of Jeanene Dennett
and suggested she do some research before she moves forward. Motion was seconded by
Bobbette, all voted aye, none opposed.
Ricks College Spori Building
With the agenda today was a proposal from Ricks College entitled Second Amendment for
Conditional Use Permit. Richard Smith and Robert Wilkes were present on behalf of Ricks
College. Richard explained his position here, and pursuant to the last public hearing this Board
directed that the College, City Council and City Engineer begin an immediate dialogue which
has been done. The issues that were raised at the public hearing were addressed regarding
parking at the new proposed Spori Building and from those discussions they are here to propose
these conditions that would be part of the Conditional Use Permit which has been filed for.
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Richard discussed the items listed in the Secand Amendment.
The college proposes that the parking study commence immediately and it is anticipated it will
be completed by January, 2002, which will address a number of things, parking on campus as
well as trends. They want the input and solicitation from the City as to what this study should
address and that the study is responsive as to the concerns of Planning & Zoning and City
Council. The second item is-that the College will build parking that is required--for-the
construction of the Spori Building, that construction will be completed prior to occupancy unless
the City and the College agree to delay that parking or incorporate that parking with other
projects. In the event the study for the college buildings in general may be different than
contained in the current ordinance, upon the amendment of the zoning ordinance any extra
parking spaces that will be built for the Spori that are not required will be distributed to other
buildings.
Richard explained that the College truly wants to do what is right, they want to provide their fair
share of parking, be good neighbors, but they also want to do it in a manner and direction that
makes sense. They anticipate and look forward to possible changes in the ordinance and be
mote responsive to the way the College works with the community.
Keith Neilsen, 580 So. State, Orem, Utah
Keith requested an opportunity for public comment. He stated he Loved the school, his
contention is that the Board raised his parking requirement, he begged to have a study done
before it was raised and this was not done. It has cost him immensely with his new project, he is
building parking that will never be used, the request from Ricks College is amicable, but the
non-Ricks College projects should be given the same consideration.
Stephen explained that Ricks College has acknowledged and accepted the responsibility for
building the necessary spaces as generated by the City equation for the Sport Building. They
have agreed to build 208 spaces in conjunction with the Spori Building, if they then incur the
cost of doing a comprehensive study and that study yields a result that indicates that the parking
requirements on campus for a college setting are over burdensome they will be given credit for
those 208 against their next structure. If over the passage of time it is determined that two stalls
per apartment is too many for an apartment type of use and it is determined to be 1.5 the next
building will not be required to add more parking. The college proposal is not asking for
anything but a joint venture on the part of the City to do a study relative to campus parking and
the effects that campus parking has on the surrounding community. It is being recommended
that Planzung & Zoning treat the campus as a single parcel of Land thereby relieving them of the
need to place this parking lot within 200' of the new Sport Building. The request for tonight is
to consider the possibility of treating the campus as a single parcel, allow them to build these
208 spaces somewhere on campus property in association with the construction of the Spori
Building and endorse and recommend to the Council that the City engage in a study with Ricks
College to determine whether the number is correct or not. Discussion.
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John made a motion to recommend to City Council that the Conditional Use Permit be granted
provided that Ricks College construct the appropriate number of spaces to be determined by the
Engineering Department in conjunction with Ricks College and discussions relative to the use.
Motion was seconded by Robert; all voted aye, none apposed.
Robert made a motion to amend the zoning ordinance thereby relieving the campus of the 200'
parking requirement: Motion was seconded by Bobbette; all voted aye, none opposed.
It was suggested by Ted that the parking study include adjacent property owners and apartment
owners to see how it impacts those people, the City streets, public parking and faculty parking.
It was felt the study should be expedient for the benefit of everyone.
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