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HomeMy WebLinkAboutP&Z MINUTES OCTOBER 24, 2001 PLANNING & ZONING October 24, 2001 7:00 p.m. Chairman: Davawn Beattie Members: Ted Whyte John Watson Mike Ricks Glenn Walker Winston Dyer Bobbette Carlson Robert Schwartz Ladawn Bratsman City Clerk: Marilyn Hansen P.F.C.: John Millar City Atto~~,ey: Step hers Zoiliriger Excused: Doug Smith Davawn excused Doug Smith from this meeting. Ted made a motion to approve the minutes of Qctober 10, 200E seconded by Bobbette. AlI voted aye, none opposed. Ttest public hearing was cancelled. Request for Zone i hange for Ciair c~. i hueson Pamiiy i rust John Millar reviewed the location of the property requested for a zone change located at 4th West and Main on the south side of the street adjacent to the canal. This request is for a zone change from MDRiPO to HDR2. Mike Thueson stated they would like the zone change on this 2 acre parcel of around and it is in compliance with the Comprehensive Plan. Robert made a motion for this request to go to public hearing, seconded by Glenn. Ail voted aye, none opposed. Request for Zone Change for Randall Porter Randall Porter who resides at 208 E. 3rd South in Rexburg is requesting a zone change on his home at this location from LDR 1 to University (U). His home has been for sale for approximately five months, he has two offers on the home and one is from BYU-Idaho for their use as an Alumni House. • Richard Smith, representing BYLT-Ida~o, stated the college plans to use this property for an Alumni House with two fiill-time administrators and 2 full-time secretaries working with alumni matters and events. The plans are to not structurally change the house at this time and the intended use «rill be much less intrusive than what the house could be used for with an apartment currently in the basement which the college does not intend to use. The driveway and garage are intended for use as parking and at the rear of the house there is a concrete basketball pad-with a gate that will be extended and provide the. necessary parking for the employees. There will not be an_y on-street parking nor any parking in the circular driveway. Bobbette made a motion to approve this request for public hearing, seconded by Ladawn. Al;. voted aye, none opposed. Site Plan ~~~roval foi- Some burgers Tohn Millar presented the site plan approval for Sonic Burgers which will be located directly south of IvIcDonaids on 2"u East. The plan has been reviewed by all the city departments as submitted .vrth the exception of drainage ~-vrhich had keen rltteilded to go over tie sidewalk and onto the street. They have been informed that they will have to put in storm drainage, there is an existing storm drainage line on the east and north side. The recommendation from the city departments is that this site plan'r~e approved with the one clarification. On parking requirements they have more than required for the size of the building, it is primarily a drive- through, no interior seating, the intent is to have six tables in front for summer use and car-hop service. Discussion concerning access which needs an agreement from the highway department, landfill vs solid portion of ground, estimated amount of traffic, and proper amount of landscaping. John ~v'iii verify that the iandseapirig is Si.ifficient with file zoning ordinance. Ted made a motion to approve the site plan subject to verif~~ing adequate landscaping requirements, and city departmental approval. Motion was seconded by Bobbette, all voted aye; none opposed. lt'ublic l~eariaag >l~egr~est for Nelda ,~epgeserr ~®ne ~bange John Millar read the Notice of Public hearing. He then reviewed the proposal which has been here before which is approximately l0 acres of land Located at the southeast corner of the intersection of 5th Vv'est and 7tE~ South. The recommendation before from Planning & Zoning to City Council was that it be annexed and zoned Medium Density Residential. City Council did not agree with that at the public hearing and after a lengthy discussion with the Council it was eventually disapproved, they did not concur with MDR and basically the zone change was denied, Since the first hearing professional ser~rices have been retained from an architect. Once the zone is changed any development meeting the requirements of the specific zone could be built at that site. John Watson declared a conflict of interest. John Watson, architect for the Jeppesen family, presented a copy of the conceptual plan. He reviewed his position and his conflict of interest in this project. John elected to serve on the Planning & Zoning Board as long as the Mayor elected because of his expertise. John explained and discussed the site plan and the request that the entire parcel as drawn be annexed to the City, that it be zoned HDR2, butthe request would include a 60' portionto-be zoned Open Space. This would mean that no one can build on that parcel, the neighborhood should feel better about it, it was also felt this would be a lot cleaner in terms of safety and it could be used for snow removal. He stated that if someone does not build married student housing, the college will, and that would not be a good thing for Rexburg. Discussion The public hearing was opened. Dan Rydalch - 648 So. Sl'' West Their horr~e is close to the property under consideration. Tl'iey have iri ~nr~ally organized their neighborhood's testimony so they can conserve time and not be repetitious. Don and his wife strongly object to the requested zone change from Rural Residential to HDR2. They understand the change from the announcement at the college along with other business growth and they are mindful of the free enterprise system. Neither of those reasons can be the fundamental driving force for dramatic zone changes. When this property is annexed he requested that the zoning level be Low Density Residential 1 (LDR1) to be in harmony with the surrounding neighborhood. The neighbors did not attend the informal meeting scheduled by John Watson on September 25 to review his conceptual plan. There were three reasons they did not attend: First, they continue to affirm that the City's original proposal of lower residential zoning for that property is the only acceptable plan. Secondly, they felt their ideas, opinions and feelings should be given at official public hearings. Third, any conceptual plans at that time were premature and without merit. As ordinary citizens the neighbors need the protective help of the Board members. There should be more restraint and not less, things this important should move forward slower and not faster, it is not prudent or wise to approve dramatic zone requests that come forth in the form of major apartment debacles. The Board is the safety net for Don and his wife who want to continue to live in their house without 42 apartments per acre on ground nearby. He requested the Board remember that the ordinary citizens who are here this evening will always lose out to big business and money without protection from community leaders. The City Council conducted a public hearing on July 18 on this identical request. At the conclusion of that hearing the City Council members affirmed that the proposal to annex this property at HDR2 was denied because of safety concerns. Nothing was presented here different than that original request they voted against. Don asked the commission members to listen carefully to the neighborhood citizens, vote against this request and protect this residential neighborhood. LJ ~, Darrin Ca11- 1.089 So. 1000 West Their home is directly across the street from the property in question. He and his wife would like to go on record as opposing this property being zoned 1=-IDR2. His main concern is the location of the Middle School. When it was decided to build the school on 7th South that dictated the future use of property on 7th South. The safety of children should be the foremost concern of every person in the room, public schools need to be built in residential areas. There are times during the day when it is very difficult for children Gaming to and from school to cross 7m South. On several occasions school buses have actually stopped in the middle of the intersection of 7th South and 5th West with lights flashing and stop sign out to stop all the traffic so children can get across the road. Situations Like this will only become worse if this property is zoned HDR2. City Council before voiced their concern for the safety of children and denied the HDR2 zoning. You put more traffic on that street the bike and wJalking path on 7th South will certainly become unsafe and it would be a shame to lose this asset to over development. Darrin stated he did not believe the drawing was actually representative of what will be built on that property if zoned riDR2, v~~hen ii comes to money people wiii do or say j ust about anytiiii~g to make a dollar whether it is right or wrong. The cornerstone of any community is its citizens and citizens are certainly more important than money. He understands the need for tax revenue but does not believe tax revenue is as important as public safety. He ask for the support of the Board if this property is annexed it be zoned LDRl. Lucy and Thomas Blackham - 1165 So. 1000 West They wanted to go on record as protesting the proposed zoning change to HDR2. They displayed a zr~ap of recent annexations in that area, mostly zoned LDR1 and discussed them. .ieppesens did not desire to be annexed at that time but now are requesting annexation but only for HDR2. Mr. Blackham read the zoning code dealing with LDRI zoning. If this property is rezoned it will put 10.97 acres of HDR2 in the middle of the 13 properties that the City annexed as LDR1. Most homeowners presently interact and have the means and the desire to help neighbors. Most people in these apartments will be living away from family and will need move- in, move-out help, transportation, food, clothing, financial aid or just someone that cares. The neighbors rely heavily upon other neighbors and upon the clerg}7 to provide this help. Who living in this HDR2 area would even know what problems exist. If this is zoned HDR2 that allows a maximum of 460 dwellings on this property, this is not compatible in a stable neighborhood and will create an inter-city monster that no one wants to live with_ This will adversely effect everyone living in Rexburg. Tom and Lucy strongly oppose this zone change. Wes Lawrence - 1144 So. 1000 West He asked the question as to why are we here, we've been down this road before, nothing has changed, the proposal is basically the same, the neighborhood position is exactly the same. Unquestionably he will be negatively impacted more than anyone else ire the neighborhood because his property borders the subject property along the south side. He does not feel this will enhance the value of his property although he has been told it would. His modest home is more r 4 important to him than money that might come from the sale of the property. He has lived in that quiet peaceful neighborhood for over 50 years and now is not the time to change it. The Committee is aware of the number of proposed projects inside the City which have been approved for this type of development and not much is being done. The reason there is a shortage of housing for married students in Rexburg is not a shortage of building sites, it is the rate of return on the investment. He reviewed the figure he had recently obtained from Ricks College concerning the number of vacant beds in existing apartments. He suggests not being in a hurry to rezone more property until we see how the scenario plays out of property already zoned and when the zone change does become necessary it should be LDRl to preserve the safety and compatibility of the present surroundings. The City Council has many pressing problems, do not send to them something they have already dealt with and placed on hold. Judy Harding - 329 W. 7th South She and Gaie have property that borders the entire length of the subject property on the east side. In an attempt to understand any justification for being back again tonight rehashing what the City Council voted against she has sought answers to two questions. Is there a housing shortage? She spoke with the housing office at BYU-I and they cannot say there is a shortage. They record X04 apartment complex housing units available in Rexburg, however they have no count of how many rental homes, trailers, basement apartments or even how many students commute. What they do show is 1201 married students are attending school this semester, they have obviously found available housing. In addition 77 new apartments for marrieds are already under construction in the City and will be ready for fall 2002. Single apartments are also rented to married students if they do not fill up and there are sti11296 beds available. Secondly, is there a shortage of HDR zoned land. She called to ask the City Clerk how many acres of property are zoned HDR, she did not know, she asked haw much HDR land is undeveloped, again the City has no compiled figures. Judy talked with John Millar but he was like the Clerk and unable to be specific. How can you in good faith feel it necessary to rezone another 10 acres to HDR when there are acres not even being used. There are reasons that have been pointed out as to increased traffic adjacent to the Middle School, safety on the bike path, loss of a close neighborhood, high concentration of low income families and all their inherent problems. The zoning change of the Harold Neilsen property was not protested, they sensed there would be a need for more housing with the change of the college to a 4 year school but now ~~ith so much property already zoned the neighbors say enough is enough. She discussed the last Planning & Zoning meeting where this project was presented. Let this property be zoned LDR1. She requested that all citizens present that objected to the zone change of the Jeppesen property stand. John Goss - 509 So. 5"' West John asked the question if they are only going to build 272 apartments why does the zoning need to be HDR2. When the zoning for Donegal Bay apartments was being discussed the citizens • 5 were told it would be retirement homes for the elderly. The developer blatantly lied just so it would not be fought and this same thing could happen here because this is only a conceptual drawing. He is strongly opposed to the annexation and zoning of the Jeppesen property to HDR2, the only acceptable solution is to zone LDRl. As citizens they look to Planning & Zoning to protect them and they are asking that the decision previously made by the City Council be upheld. Davawn acknowledged receipt of a letter from Mr. Goss in opposition. The public hearing was closed and the matter turned to the Board. Bob commented that he had listened to both sides of the presentation and he hopes the citizens understand that includes both sides. He feels the Commission is trying to plan for the future of the City and it in no way reflects the concern for citizens. He felt some of the comments tonight on both sides were out of line and it needs to be understood they need to make a decision not hated nn ern~tinn anEj maybe nCt eYPn nrt r~»Inher~ l~tit laced nn ~~,~hat ig tnil~ vninQ to },e the }jest J b""'b thing for the City. Ivlike is conce~~~ed that if the zoning ~R2 is approved there is still r~o binding contract on the developer as to what will be built there. He is very much concerned about the excess traffic and safet~~ in that part of the neighborhood. Ladawn is concerned about the safety of the school, bike path and traffic. She had done some unofficial traffic studies the last two days which she reported on. There is heavy traffic during peak hours, plus school buses and children running across the road. Winston stated from a professional perspective traffic is not an issue. The stop signs at 7th South and Sth West are sufficient. This is an emotionally charged issue, and with the American democratic system we agree. to talk things out and hear two sides of an issue. Whenever there is controversy it will lead to a degree of compromise, hopefully equally across the board on both sides. He would like to go on record as being disappointed that despite this Board's recommendations that people on both sides get together and talk this through and see if there was an opportunity for compromise and that when such an opportunity was given it was refused and. that is an extra burden on this Commission. He would still like to see people get together and see if there is an opportunity for doing that. It is true that potential development does not have to follow any conceptual plan. There are ways to condition any potential zone change of this property by inclusion of certain zoning areas such as open space that would make it a binding requirement henceforth and forever. Ted discussed the Comprehensive Plan which was set up in 199& and the whole area from the htiddle School east and south was all shown as multi-family housing. This growth and plan was anticipated long before the announcement by BYU-Idaho. As he views the annexation and zone maps he feels there is a bubble through that area that should be annexed and zoned from a City a • • standpoint. He discussed his concerns in infrastructure, sewer, water lines and septic tanks and the possible stagnation of the City if the boundaries are not expanded. He feels this site is transitional and will be rezoned at some time whether it is now or later. He feels this is the toughest decision he has had to snake in his 7 years on the Board, he sees both sides and is trying to help the City grow and bring in same positive growth he is just going to have to vote his conscience and feeling as a Planning & Zoning member. Ted has been told by the Housing -Department-that if the private sector does not build housing, the college will and if that happens no one will be able to compete with the rental factor there. Glenn feels it is a difficult decision to make, he has concerns with it but can see benefits. There is ground out there available and questioned if the Board could attach performance to any of that. Discussion. Stephen discussed with the Board conditions that could be made with annexation and zone changes. Once this recommendation is forwarded to the City Council the only means you would recommend annexation zs ~n co n~ unction v~~th a develop~i~ent agreement desigriati,:~g parking areas, required green spaces, etc. Lengthy discussion. Mike made a motion to not annex the subject property and Leave it zoned as Rural Residential. seconded by Bobbette. voting as follows: Mike Aye Davawn Nay Bobbette Aye Winston Nay LaDawn Aye Ted Nay Robert Nay John `JJatson abstained Gienri Nay Motion failed. Lengthy discussion. Winston made a motion that the Jeppesen property request be sent onto City Council with the recommendation the property be annexed with the follo~~ing provisions: A conditional 30' open space easement for protection on the north of the property A conditiona120' buffer on the east to the canal bank A mandatory 30' open space zoned buffer on the south edge A mandatory 100' open space zoned buffer on the west clear to 7th South, 40' of which would be considered for right-of--way of the road The property itself be zoned Medium Density Residential and that the buffering and open spaces proposed be allowed to be counted in the gross acreage when considering the density on MDR • 7 Motion was seconded by Ladawn, voting as follows: . Aye: Ladawn, Bohbette, Winston, Ted, Robert, Glenn, Davawn, Nay: Mike Abstaining John Watson Request by NTCH for Conditional Use Permit for cell tower Lee Stakes; a realtar from Idaho Falls was present acting as a facilitator for a-cell phone and construction company and Stephen and Nancy Cook as property owners. Lance Steinman representing Clear Talk Wireless is seeking a public hearing for a Conditional Use Permit for a tower on the hill on Stephen Cook's property. He presented a picture of the location and a picture of the structure. They are looking to build the tower 196' high. Stephen Cook commented that just south of the existing antenna KRXK had a 190' broadcast antenna at that location. The water tower presently located in that area is 140' high. Discussion pn the last request for a tower at this location and the need fir the height, Robert made a motion to send. this request to public hearing, seconded by Mike. Voting as follovY s: Aye Nay Davawn Glenn Ladawn Winston Bobbette Ted Robert 1l~~ke John Watson Glenn wanted the nay vote understood, the Board has been talking about cell tower ordinances and he feels we are jumping into another cell tower before the plan is in place. He felt it should possibly be tabled, reviewed and then move ahead with a recommendation. Ted and Winston agreed this should not be moved on until a plan is in place. Discussion. Request to vacate alley at 4th-15t1a Ward Cl~urcla at corner of 15L fast and 2nd South Stephen explained the portion of the alley being vacated is enclosed within the Church's property and the recommendation of the staff is that it be vacated as per drawing. Discussion. Winston made a motion to vacate the subject portion of the alley which is 16'x65' subject to an easement in the name of the City for utility service and this is recommended to be passed on to the Council for public hearing. Glenn seconded said motion, all voted aye, none opposed. Request for Annexation and Zone Change for Henderson Subdivision Frank Yannacone 529 Park Street, requested to speak. This plot dumps onto Park Street which is just a 35' street and Frank believes there should be some egress to the west and an access to the south might be considered and if something isn't done the City will end up ~~ith a bunch of little pockets like Starlite Addition. This plot shows a road from St'' West and a road going on Park Street and all the rest is blocked with Phase 2. __ Kurt Rolland of Forsgrens representing Henderson, Sohn Millar and Stephen reviewed the plan for the subdivision with the Board and discussed the roads and the zoning. The presented plan, which was for a portion to be LDRl and a portion to be HDR2, was found to be inconsistent with the Comprehensive Plan, therefore options were discussed. Kurt made the determination to request that the LDR1 portion remain the same and the HDR2 portion be changed to LDR2. Discussion. Ted made a motion to allow this request to go to public hearing a portion being identified as LDRl and the other portion identified as LDR2. Motion was seconded by Glenn, a1_l voted aye, none opposed. Adjourned. 9