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HomeMy WebLinkAboutP&Z MINUTES MAY 08, 2002REXBURG PLANNING & ZONING May 8, 2002 7:00 p.m. Chairman: Winston Dyer; Members: Robert Schwartz Ted Whyte LaDawn Bratsman DaVawn Beattie Glenn Walker Jacob Fullmer Mike Ricks P.F.C. John Millar City Attorney: Stephen. Zollinger Minutes: Janet Williamson Winston opened the meeting. DaVawn moved to approve the minutes of April 24, 2002 with one .correction. Bob seconded the motion. All voted aye. None opposed. Noncontroversial Items: Chairman recognized the long and distinguished service of John Watson. Discussion of schedule and meeting times: DaVawn and Glenn would have a problem with Thursday meetings. (Previously Doug, Mike and Winston had stated that they would have a problem with Thursdays.} Tuesday night would also be a problem for most of the C Cii~imiii.s Sion. City Lighting Options. Paul Lennox and Jim Ferris, representing Custom Lighting Services and`Pacific Corp were present to discuss decorative lighting. The specific project theywouldlike to present is the schedule 13 lighting decorative series. Pacific Corp Alliance in Utah has been very successful and demand here in Idaho is welcoming and they would like to work out something with the City. In Utah they have created a Schedule 13 rate that is based on 3 types of billing: 1. The energy only component -the city creates the lighting district, what they want, Pacific Corp has some standards that they like the City to meet, but beyond that it is up to 1 the City on what they construct and install on a flat energy rate by fixture. 2. The City would construct the lighting up front based on the standards Pacific Corp has established. The City would own the lights and Pacific Corp would maintain them under a rate schedule and energy rate. 3. The City and Pacific Corp would enter into a rate schedule agreement based on some calculations of what it would cost, based on a term of 10 years and a fee schedule. This third- option, the power owned option, tends to be the one that is not looked at as closely as the other options. This option contains a capitalization of recovery on the costs. There are several different lighting designs available. General consensus of the Commission was that they would like to see better lighting. Glen said there is a sub division planning on decorative lighting. Right now the only option is the contractor would put in the system and we would buy power from Utah Power and we would have the maintenance. We are looking for someone to present something to the City that would be reasonable and cost effective and also provide the same level of lighting. Winston suggested that they set some type of standard. Mitch Neibaur suggested coordinating this with the new Christmas lighting being done by the newspaper. Ted moved that they make a proposal to standardize the lighting system through the town and sub divisions and on City streets including decorative lighting. DaVawn seconded the motion. All voted aye. Public Hearing process was explained by Commission chairman. public Nearing -Conditional iTse germit for ~asernent ~ipartment Tom Williams - 246 West 2"d North John described the property. He is requesting a duplex in the LDR1 zone. Tom Williams, property owner - It has a double car garage in the back. They meet all the criterial of the city and are proposing an apartment in the basement. There is plenty of parking and an exterior entrance to the basement apartment. No public input or written correspondence. Closed hearing to public. comment. Discussion: The lot size is about 14,000 sq. ft and it only needs 10,000. It will have to meet city codes. This is a permitted use in LDRl. Glen moved that they approve the Conditional Use Permit for Tom Williams property at 246 W 2"d N providing that it meet all city requirements including ingress and egress. LaDawn seconded the motion. All voted aye. None opposed. Motion carried. 2 Public Hearing -Conditional Use Permit for Jgasement Apartment Jerry Scrivner - 342 East St" South John described the property. It is in an LDRl zone. The lot size is adequate. Chair noted that LDR lots are close by and such a request is not allowed in that zone. Wendy Scrivner, home owner -There is an existing apartment in the home now. It was there when they purchased the home and they have kept it rented since then. Their covenants stated that they were zoned for an apartment and they did not realize that they needed a permit until they received a letter from the City. They have had no complaints from neighbors concerning the apartment. They have parking at the top of the drive way. She is here to comply with the City ordinance and requests a Conditional Use Permit. No written or public input and chair closed public hearing. Discussion: Parking requirement is met. Currently occupied and has been. Bob was worried about the neighborhood. It is allowable on that side of the street. Several others in the area. DaVawn moved to approve the Conditional Use Permit for the Jerry Scrivner property at 342 East 5`" South on the condition that it meet City requirements. Jacob seconded the motion: All voted aye accept Bob who was opposed. Motion carried. Public Hearing -Zone Change from Medium Density Residential (MDR) to Highway Pusiness District (HPD) - Stonegs Town & Country - 564 South 5t`' West John showed the property and explained the zones around it are HBD and MDR. South of it is a mobile home park that is owned by the same owner requesting the zone change. Ray Loveland, property owner, explained that they would like to make this change to build a commercial building. 12000 feet would be a dance studio and the remainder would be for business storage. It will open up to the south. The building is approximate 50 by 180 feet. Back area will be parking for instructional dance studio. There will be room to move mobile homes in and out. John mentioned that from previous discussion that what would be built there would be determined with a site plan. There was no written or public comment and the hearing was closed . Ted moved that they approve the proposed zone change from MDR to HBD for Stone's Town & Country at 564 South. 5~` West. Bob seconded the motion All voted aye. None opposed. Motion carried. • ' • Chair noted that the next 3 items on the agenda are similar and would the Commission like to treat them together. Mike asked that they treat only the Jeppesen and Hulse properties together. Judy Hobbs for Jeppesens and Cal Hulse agreed to this Request for Annexation and Zone Change to Medium Density Residential (MDR) Nelda Jeppesen - 1042 South 1000 West Request for Annexation and Zone Change to Medium Density Residential (MDR) Cat Hulse - 1038 South 1000 West. John pointed out the 10 acre piece of the Jeppesens and the Hulse property. Current zoning on both pieces is Rural Resider~ti.al (RR) and they are not within the city limits. The Jeppesen piece has been farmed and there is a home on the Hulse property. Judy Hobbs, realtor for the Jeppesens explained that the property is surrounded by single family, farm tracts, commercial use, medium density residential so there is quite a mixed use in the neighborhood. It is close to the college and is a natural expansion for student housing. Chair noted that contrary to previous proposals this is a medium density residential request. Judy explained their proposal is that the Jeppesen house would be sold with the ground and Mrs. Jeppesen would retain a life estate in the home and upon the time that she moved out of the home the home ownership would be with the ground. Chris Hulse -They are the owners of the corner property. Their house is old so they need to tear it down and are requesting MDR so they can do something with the property. Chair explained that this is not a public hearing but they welcome public comment. Discussion: Mike was concerned that as they annex properties around the city will the infrastructure of the city handle these properties -concerns about water pressure etc. John explained that one of the main lines for Rexburg water feeds down 6t'` S and 5~` W and so this area has excellent access to the water system. They are also considering another well and booster station and tank in this area. Wastewater and sewer are accessible and capable of handling this anticipated growth. There is a lot of development west of this. Chair asked for public input in regards to facts rather then emotion. The question before the Commission is whether they go to public hearing. Hal Hunter asked if they ever vote on anything with out a public hearing. Winston explained that they are bound by ordinance, by state laws and by procedures to follow a given process and they are committed to do that. • 4 DaVawn moved that they send the Nelda Jeppesen property and the Cal Hulse property to public hearing for annexation and zone change to MDR. Ted seconded the motion. Mike questioned the necessity of adding more MDR to the city when there are already plenty of properties available. Discussion. DaVawn feltthere mustbe a reason that drives the request for this property. Ted reminded the commission that they recommended before that they annex the Jeppesen property with MDR zoning and the seller at that time wanted to stay HDR. Glenn said they also had stipulations at that time. Bob felt pulled on both sides. Discussion. Does it fit into the future growth of the city. Question called. Voting as follows: Glenn -Aye LaDawn -Nay Ted -Aye Mike -Nay Jacob -Aye Bob -Aye DaVawn -Aye Motion carried. These two properties can be noticed, posted and advertised as one hearing and the property owners may share in the costs. Request for Zone Change to Medium Density Residential (MDR) Kay Burton - 710 South 5"' West Kay Burtons requested zone change was explained by John There is approximately .988 acres. They are asking to go from LDRl to MDR. They are located across the street from the Jeppesen property. South of Mr. Burton is LDR1. The other surrounding area is IvIDR This property is in the city limits. Kay Burton, Afton Wy. -They have a conditional use permit for a duplex in this home and are asking for MDR so that they can remodel the attached garage to make it a managers apartment. There is room for parking. John said that making this zone change would easily make this plan possible. Plans for 7`~ south are that as property along it is developed ditches will be culverted, the road on both sides widened with curb and gutter and sidewalk. There is a bike path there now. Hal Hunter mentioned that there are 3 major ditches directly to the south of 7`~ south and if widened it would put the bike lane right in to the middle. Discussion on ditches in the area. Marilyn Hunter said they share property boundaries with the Burton's and they were concerned about a ditch that goes between their properties. They understand that he plans to put parking there. Mr. Burton said that he plans on culverting the ditch if this is approved. Chair mentioned that that would be addressed with a site plan review. ` 5 • Mike is against MDR here because there are established single family homes here and it would be spot zoning in his mind. They changed it once with a C.U.P. for a duplex and now they want to go a step higher. Ted pointed out that it is possible to have 3 of the 4 corners here developed with handicap curbs, covered ditches, etc. Discussion about spot zoning. Glen said that communities where apartments are intermixed and buffered with single family there is a better look. Mike moved that they deny the request for the zone change to MDR by Mr. Burton at 710 S. St'` W. Jacob seconded the motion explaining that at this time he felt it was encroaching on an established single family neighborhood on that side of Sd' West. All voted aye. None opposed. Motion carried. Request for a Zone Change to Medium Density Residential (MDR) Walker Family - 350 East 3~d North Glen declared a conflict of interest and stepped away from the table. Chair noted for the record that he had been contacted for informal consultation about flood plain issues on this property but there is no contractual relationship so unless there was any serious objection he would stay. John showed the property involved with this zone change -south fork of the Teton, 3rd East, . 4"~ North, Barney Dairy Road, Rexburg Canal, Madison High School ball fields. There is HBD on 4 Lots by this property and agricultural in the back. Existing use is vacant or unused. IT does lie within the flood plain of the river. This needs to be considered with the zone change. Point of clarification that this is not a flood way but a flood plain. (Discussion on flood plain in this area) Glen Walker -explained some of their concern about the flood plain in this area. The core of engineers have put a dike between the river and this piece of property. In normal situations, by allowing a dike to be put in they do have the ability to pull that out of the flood plain. That has never been pursued by either the City or the Walker family. Chair noted that he has been contacted by several owners in the area wishing to get together to do something like that. Judy Hobbs, Reality Quest -As a realtor she knows there is a shortage of property available for multi family development. This is a large area, there is multi family across the street, single across the river, the high school also across the street, all of these things lend to diversity in the neighborhood. John showed the commission a flood map that showed this entire property is in the flood plain. Discussion of the flood plain in this area. U 6 Mike moved that they send the zone change to MDR for the Walker property at 350 E, 3rd • North to public hearing. Bob seconded the motion. All voted aye. None opposed. Glenn abstained. Motion carried. Request for a Zone Change to High Density Residential (HDR) Jack Zollinger - 4 West 2"d North John explained that this property is located by the old saw mill on 2nd North. There is an existing city right of way. North of it is HDR. The request is to re-zone to HDR. Site has been cleared. It is currently zoned Industrial. Previous zone changes explained to commission showing surrounding MDR. This proposal comes out to 2nd North. Piece immediately east would remain light industrial The city owns property in this area that will be utilized for recreational purposes. Jack Zollinger, owner -This is a good area to have HDR. It is in harmony with the other apartments in the area. It will not be impacting any neighbors. They plan to buffer the development. Parking requirements are ealual in HDR and HDR2. DaVawn moved to go to public hearing for a zone change from LI to HDR for the Jack Zollinger property at 4 W. 2nd N. Mike seconded the motion. All voted aye. None opposed. Motion carried. Site Plan Review - 7t`' South and 5t" ~3'est Lyle Cook -Continental Park (Formally Brigham's Place -Scott Hurst) This was approved formally as Brigham's Place. It is back tonight with a new owner and as Continental Park John recommended that this be approved. Kurt Rowland, ForsgrenAssociates -This property is zoned MDR. There will be 36 units. They do meet parking and zoning requirements. They are here again because of the new ownership and they have made a few changes. Before, there were proposed buildings behind the Rydalch residence and it was reduced from 40 to 36 and those buildings were removed and shown as a recreation area. There were also fencing requirements attached before. Mr. Rydalch liked the road on the north side. Now they have a 4 plex there. Fire department could not get a truck around that road so they had to eliminate it. The fire department is asking that they have 2 fire hydrants on site. Discussion of moving the 4 plex to give privacy to Mr. Rydalch -something he had requested before. . 7 • Jacob moved to accept the site plan for Lyle Cook, Continental Park, with the previous conditions concerning privacy issues, moving the one 4 plex over, fire hydrants, etc. being attached. Planning & Zoning -February 27, 2002 "John Watson made a motion that the site plan be approved contingent upon it being redrawn as discussed with a 20 foot dimension on the roadway immediately contiguous to the Rydalch property; thatthe area where the building is being eliminated be developed into a park; that a 7 foot wide landscape buffer with a 7 foot solid, privacy fence be put in, and that they not have to come back to this body but those changes be made and reviewed with the City Engineering Department and receive their approval." DaVawn seconded the motion. All voted aye.. None opposed. Motion carried. Chair asked that the next three items be discussed together. There were no objections from the Commission nor the property owners. Preliminary Site Plans Review - Westates Subdivision Block 2, Lot 6 -Randy Webb (24 Plex) - Westates Subdivision Block 2, Lot 5 -Chris Peterson (24 Plex) -Westates Subdivision Block 3, Lots 1 & 2 -Val Johnson (12 Plex) Ted declared a conflict of interest and stepped away from the table. The 3 parcels are on Trejo Street. John explained the properties. There are 2 zones on the Johnson property. The buildings are on the HDR part and the parking on the LI zone which is a permitted use. The other two properties are located across the street. The fire department felt they needed additional information on fire flow capability and whether or not the buildings would be sprinkled but he has no problem with the location. The water lines are existing water lines. There will be sewer lines. Scott Spalding, representing property owners -They all meet the 25 foot set back, landscaping and sidewalk requirements. They will be married student housing and have enough parking. Mike asked about the Johnson parking and it was explained why they needed to put compact parking in a few places. Discussion on parking on Johnson site plan that needs to be adjusted. Scott said they would need to change the northeast corner of the easterly complex since it did not meet the isle requirement. Storm drainage was planned to flow through the parking areas into the center driving lane and then channel all that into the street over the sidewalk. The City would rather see some interior storm drains and catch basins on a113 site plans. Bob rnoved that they accept the 3 site plans subject to the conditions outlined on the drainage of all 3 sites, placement of the easterly building on the Johnson plan and pending City 8 approval. Glenn seconded the motion. Glenn noted that Mr. Johnson had informally spoken • to him about financing. All voted aye. None opposed. Ted abstained. Motion passed. Preliminary Site Plan Review -Mark Andrews - 528 South 1500 West John explained the 2 part site plan. Area adjacent was zoned MDR It is sub divided into 1/2 acre lots. Half of the drawing was a preliminary plan half site plan Winston felt there were things missing for this to be looked at as a preliminary plat. Many state code requirements missing. This does not meet our standards. Concept is a great idea. Cul de sac meets requirements. Some of the lots do not meet the quarter acre requirement. Site Plan Discussion: Fire department felt drawings were not sufficient to make a determination. Drawings show 1 access. Fire department would like to see 2. Hydrants were not shown. Mark Andrews, developer - he thought that his engineers were coordinating this with the city. The buildings are 2 story 16 Alex. One area has parking in the set back that is not allowed by the ordinance. They have plenty of parking and can take it out of that area. All parking is full size. Chair noted that with 140 units a life safety issue would suggest another access. Glen moved that they accept the site plan with the changes proposed as to entry ways, fire issues, and all of the other city requirements be met. This does not include the preliminary plat approval on the Andrews Addition Division #l. DaVawn seconded the motion. All voted aye. None opposed. Motion carried. Request for Zone Change to Highway Business District (HBD) Madison School District - 246 North 19t East The school district is looking at acquiring addition property that fronts onto lst East. They own the property behind and park buses there. This would be contiguous with HBD. Var Snedaker, representing Madison School District - Var stated that the school district needs additional office space. The commission asked if the school district would be interested in bringing all of their property into HBD. (Discussion and explanation of the uses in various zones.) Ted moved that they ask the school district to re zone all of their property on ls` East to HBD including the proposed purchased lot and send it to public hearing. The motion was seconded by Mike. All voted aye. None opposed. Motion carried. 9 • . Preliminary Site Plan Approval - 455 South 2nd East -Randy Bird John described the property. This site plan was approved before. One of the primary issues at that time was that there not be an access out on to the street on the east side and that all access be provided on to 2nd East The existing building will remain and there are 6 new buildings proposed. When reviewed before this was for single students and is now for family housing. (Discussion of location of fire hydrants) Randy Bird, developer, stated they are trying to accommodate family housing. They have addressed the garbage issue that concerned the neighbors. Theywill have a fence on the East side and the garbage containers will be covered on 3 sides. Drive thru width was not indicated. Randy understood it to be 15 ft on a 45 degree angle. Lighting discussed. Parking requirement was met. Storm water detention will be owned and maintained by the property owner. Glenn felt there was not enough lighting. The City needs some kind of standards on big developments. Randy plans on having banks of lights on the buildings. There will be 90 units, 188 people. (8 people in the old building.) DaVawn moved to approve the site plan subject to better lighting, a solid maintenance free fence, fire hydrant location and meeting city departments approval. Jacob seconded the motion. All voted aye. None opposed. Motion carried. • Modify multi-family residential allowing commercial use -Mike Carlton Stephen explained that we need to amend our ordinance to accommodate certain types of uses in MDR, HDR, and HDR2. Staffs position is it is appropriate to consider what Mr. Carlton wants to propose. The Commission would send a recommendation to the City Council for an amendment to the ordinance. Mike Carlton asked the Commission to consider allowing commercial establishments, like restaurants or convenience stores (consumable products) to be built in multi-family housing areas within walking distance of campus since now most of those types of establishments are located in the north part of town, far from campus. This is a traditional and common growth in university communities. Allowing such establishments near campus could reduce traffic in town and would better accommodate apedestrian-friendly campus. Discussion of putting together a proposal. LaDawn moved that they recommend that this be studied and a proposal be developed and taken to the City Council. Bob seconded the motion. All voted aye. None opposed. Motion carried. Glenn volunteered to spear head a research of this and asked that Mike Carlton help him. They asked that city staff help with this study. • 10 Miscellaneous Items: • Chair asked City Staff to make an effort to clean up maps and have up to date maps to the commission. Chair asked that a discussion of HDR2 zoning and possible changes to zoning be placed on the next agenda. We need to develop a standard of lighting.- City will investigate this with new Planning and Zoning Coordinator. Tree. foundation pamphlet was brought to the attention of the Commission. Meeting adjourned 11:45 p.m. 11 •