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HomeMy WebLinkAboutP&Z MINUTES JUNE 27, 2001PLANNING & Z®NING June 27, 2001 7:00 p.m. Chairman: Members: __ 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. • 1 • 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 • 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 • 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. • 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 -__• 6 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. • 7 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. • 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. 9