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HomeMy WebLinkAboutP&Z MINUTES AUGUST 22, 2001PLANNING & ZONING August 22, 2001 7:00 p.m. Chairman: Davawn Beattie Members:- Ted Whyte John Watson Mike Ricks Glenn Walker Winston Dyer Bobbette Carlson Robert Schwartz City Clerk: Marilyn Hansen P.F.C.: John Millar City Attorney: Stephen Zollinger Glenn. Walker approved the minutes of August 8, 2001, seconded by Bobbette. All voted aye, none opposed. Discussion concerning a possible work meeting with the Mayor and the Council representative to discuss the growth of the City, job description. for P&Z, Comprehensive Plan, cell towers, lighting, Sign Ordinance and the professional overlay corridor from 2"d East to the hospital. John Watson will prepare an agenda of items and the time for said meeting will be discussed at the next scheduled Planning & Zoning meeti-r~g. Jeanene Dennett Request for Conditional Use Permit Stephen read the Notice of Public Hearing. John Millar discussed the request for the Conditional Use Permit for an apartment in the Rosewood Addition which comes off 2"d South near Lincoln School. Jeanene Dennett - 154 Rosewood Jeanene is a single person, her sons built the home for her and the apartment was built for a second income. This apartment will help support her and help pay for the home. They have poured tons of cement for parking, the apartment is nice, there are egress windows and two bathrooms. John and Stephen reviewed the drawing showing six parking spaces. There are four parking stalls that will meet the requirements, two on the submitted drawing will not meet the requirements. She would be allowed to rent to a single family if there were four spaces, if rented to four individuals six parking spaces will be required and that will not be allowed. It is f marginally a stretch to get the four parking spaces. The City staff has been there on several occasions to measure, the space on the Left side of the house cannot be used without putting it past the house and there is not adequate space. Only one legal space is allowed in the setback Discussion concerning parking. Davawn reviewed the Letters he had received in opposition to this request. Public Hearing was opened. Cory Webb - I55 Rosewood Cory is concerned with the parking situation, parking spaces number 1 and 4 listed on the application are inapprapriate and invalid according to the parking regulations with the City of Rexburg. There is not adequate parking for 4 individuals on this site. A a neighborhood, they have met and discussed the objections they have. They would like to see the best good done for all the citizens involved in the neighborhood, they would like a compromise. The neighbors would like to be protected from such problems as nuisance of noise, safety hazard, overflow parking, parking in front of other yards, moderate to high levels of off-street parking and obstacles to pedestrian traffic. For these reasons as a neighborhood they recommend that a maximum of two occupants be allowed under the Conditional Use Permit. She requested that all in agreement please stand, numerous neighbors were in attendance and stood in support of iicr Statements. Corey Barnard - 272 E. 2nd South He read his statement and gave a written copy to the Board. He is testifying in opposition to the Conditional Use Permit. Several residents in the past had a meeting with the Police Chief to discuss traffic and excessive speed of the traffic on 2nd South, numerous accidents, several near misses with pedestrians and the loss of animals. Given the limited resources of the City of Rexburg and their inability to police high speeds on 2nd South he requests that the Conditional Use Permit not be approved for 5-6 additional students in this area. David Oliphant - 144 Rosewood. David will be moving into 144 Rosewood this September. He submitted his scale drawing of the property at 154 Rosewood which shows there is insufficient parking, which has already been addressed. There is no buffering between the properties for the adverse effects of this Conditional Use Permit as set out in the Zoning Ordinance. The cement on the north side of the property goes right to the property line making it impossible for buffering. If there is any buffering it will have to placed on the Oliphant property: He discussed his observations conceming parking of proposed tenants and guests of the house which have been parking two wheels on his property and parking on-street in front of neighboring houses. There is not raom for additional vehicles on this property. The driveway i s barely long enough to meet the setback so the cars are right. in front giving the feeling of living next to a parking lot. 2 He prefers not to allow any apartment but could live with a reasonable compromise with only two additional parking spaces. He asked that those in agreement with him stand, numerous neighbors did stand. Doug Craig - 174 Rosewood Two things Doug is concerned about is on-street parking and pedestrian traffic. General reference has already been made-but because of the- situation-any visitors to that home-need to park on the street. It there are single tenants-they will have more visitors generating more traffic both vehicle and pedestrian. The visitors will have no alternative but to park in front of neighboring homes. According to the definitions of LDR1 on-street parking is a conflict use,. on- streetparking will also obstruct view for the pedestrians, especially children and will create a safety hazard. Matt Babcock - 134 Rosewood Matt and'nis wife will move to i34 Rosewood in September. Most of his concerns have been discussed but the homes in the Rosewood Subdivision are predominantly occupied by families with small children, around 21 children under the age of 10 will call Rosewood Dr. home and that number could grow over the next 5-10 years. If this situation were reversed the single college age adult might find a married couple raising 3 or 4 children in an adjacent apartment anything but harmonious. Single adults thrive on being surrounded by others; couples with children move away from that life sryie io reside in quieter domains. Ile supports a compromise but opposes single students in that apartment. Johnson Webb - 155 Rosewood Buffering has been previously mentioned, he believes a buffering plan needs to be drafted, There are specific areas that need buffering in the event any Conditional Use Permit were granted. Brian Pyper - 175 So. 3`d East Brian resides over the back fence from the property in question. He submitted a letter in opposition, but wants to draw attention to the long range planning for the City. He has been on committees showing the growth issues across BYIJ-Idaho campus, they anticipate 100 new faculty members in the next 4-5 years with an additional 100-150 staff members. The Comprehensive Plan plans for growth in Rexburg but no one could foresee the change at the college. If zoning considerations are not taken seriously then the character of the City will change radically, if the zoning considerations are not there for a reason, why have them. Public hearing was closed. Stephen explained there are no legal means for this to be considered for single student housing. This request can only be for a single family duplex. If there are 4 individual contracts with 4 separate individuals this will not constitute a single family. There are two legal issues to be addressed as a board: First, it can be only a single family apartment, second she must have four • -, J legal spaces somewhere upon the premises. Two areas to be looked at seriously when. considering conditional uses for this property are the buffering, sight and sound, as well as front yard coverage. Jeanene is not allowed to pave, park or-make use of any more than 30% of her front yard for anything other than landscaping. There is not a legal defenseable means by which you can limit the number of bodies occupying a space, you can limit to a single family which by our ordinance is defined up to 4 unrelated individuals but they have to be treated as a single entity. John Watson stated he is opposed to any compromise and is opposed to anything but strict compliance. He is not in favor of the compromise but in favor of strict compliance. Stephen stated that no matter what happens it requires a Conditional Use Permit to put an apartment in an LDR1 zone. From a simplicity standpoint it would be much better to simply place the conditions consistent with. the ordinance upon this property and put it back on Jeanene to comply with the ordinance strictlye Ted made a motion that no action be taken on the Conditional Use Permit until it complies with the strict conditions of the Ordinance, including the criteria of parking and buffering. Motion was seconded by Glenn. All voted aye, none opposed. Stephen was excused for another meetingo 3enks Properties -Final Plat Review of Hawkins Company properties. John Millar explained this plat had been before this Board several times before, it is the same as the preliminary plat just under different ownership. They are still looking at putting the new road diagonally through the property as was previously proposed, it is basically the same as the preliminary plat just breaking it down into a few more lots. This project will be done in a phased manner. Discussion concerning the road. Jay Jenks was present to answer questions. Discussion. Ted made a motion to approve the final plat for Jay Jenks concerning the Hawkins Properties. Motion was seconded by Bobbette, all voted aye, none opposed. Russell Van Allen, a neighbor to the above mentioned property, wanted the new owners to know there were neighbors opposed to the current layout. It was explained to Mr. Van Allen that there had been numerous public hearings on this property, this was not a public hearing, and that compromises had been made with the neighbors concerning buffering and fencing. Platinum Development's Request for Annexation and Zane Change Glenn Walker declared a conflict of interest. John Millar reviewed on the maps the two properties requesting annexation and zone change. • 4 One of the parcels was required to be annexed in order for the other property of 55 acres to be contiguous. This is east of Gallery Photo Lab and the District Health Office. The parcel required to be annexed is not seeking a zone change, the other property is requesting zone change to LDR1. Brett Hastings, one of the owners of Platinum Development, explained they have applied for annexation-for two-parcels ofland. The 55 acre parcel-which borders on 1000-North or 7t'' North- on the north and on the south side by the Teton River. They are seeking annexation and zone change in order to develop a subdivision for single family residential homes. In moving toward this project they noted they were not contiguous to the City so worked with family members who own the parcel across the river bordering Barney Dairy and have received permission to seek annexation of that parcel as well. The plan is to create a very nice residential area, one that has a nice rural feel yet it will be in the City Limits. The lots will range in size from a i/4 acre to as Large as 3/4 of an acre or more. The involvement and ownership will be strictly with the 55 acre parcel. Discussion on flood plain and road right-of--way,. comprehensive plan, green way space, sewer and water lines, location of bike path. Robert made a motion to approve this request for annexation and zone change to go to public hearing. Motion was seconded by Bobbette, all voted aye, none opposed. Glenn. abstained. • Stephen returned Nelda ,~eppesen Project Judy Davis-Hobbs representing the Nelda Jeppeser~ family, came before the Board for further discussion on the Jeppesen project. They feel firmly that what they want to do with the property, annex and zone it HDR2, fits with the neighborhood and the greater plan for the City and they also very much understand the neighbors' concerns. They are hoping they can discuss and find a compromise to make the neighbors feel good and make this project work. They have visited with people at the college and they are serious that there needs to be some housing by 2002 to accommodate the married students which are anticipated. The estimated value of this project would be approximately $6,000,000. According to the County Assessor that is about $243,000 in tax money, about $95,000 of that going to the County and $57,000 to the City. A suggestion given to the Jeppesens was to do a buffer along 1000 West or 5th West from Mrs. Jeppesen's house down to where Wes Lawrence lives and zone that LDR2, keeping the HDR2 buildings east. This would buffer the homes on the west side of 1000 West and keep them from having the apartments right across the street. A concern of keeping the strip along 1000 West out of the development is the problem of ingress and egress to the LDR2 property. She was asking for input on what the Planning & Zoning would accept. _• 5 Mike voiced his opinion concerning the safety issues with the school in the area. John was concerned with the number of issues which have come before the Board for approval and not materialized. Robert feels we should be concerned with making the City aesthetically pleasing and safe and not be involved with the amount of taxes it will generate. Discussion. It was suggested Judy get the neighbors together and have a discussion with what would be ...acceptable to them then come back to the Planning & Zoning Board-with- aconceptual-plan:: 6 • L~