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HomeMy WebLinkAboutP&Z MINUTES JUNE 12, 2002 REXBURG PLANNING & ZONING June 12, 2002 7:00 p.m. Chauman;_ Winston. Dyer Members: Robert Schwartz -Excused Ted Whyte DaVawn Beattie -Conducting for Winston Glenn Walker Mike Ricks Steve McGary Doug Smith Jacob Fullmer -Excused P.F.C. John Millar P & Z Admire Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay DaVawn welcomed the community members to the meeting. Approval of the Minutes: Ted made a motion to approve the minutes of May 22, 2002. Glenn seconded the motion. A11 voted aye, None opposed. The motion carried. Noncontroversial Items: New Business: Sao Public Hearing for Annexation & Zone Change from RR to MDR Nelda Jeppesen/Cal Hulse - io42 & io38 South and iooo West Judy Hobbs -Representing the Jeppesens indicated that they are requesting MDR zoning as recommended by City Council. DaVawn -Opened the meeting to Public Comment. Public Comment in favor: Sharron Jeppesen -Apologized for the feelings that have been caused by this proposal. The sale of this property represents a life's work for the Jeppesens. Sharron requested that the property be developed by the free market process. She indicated that BYLT-I is in need of additional housing for the students. • , Christine Hulse - so38 South iooo West -Their home is uninsurable and must be torn down. They would like to have the zoning changed to MDR, which would help them replace their home. Christine would like to sell this property with the Jeppesen property. Public Comment Neutral: Richard Holloway - Offered a neutral opinion for the Madison School district. The School District is concerned for the safety and well-being of the students: The School-board would-like-an impact study conducted on the growth of this area. Tom Leman -Requested his letter be put in the file concerning a traffic flow study request. Public Comment in Opposition: Don Rydalch - 648 South 5th West - He offered high respect for the Jeppesen and the Hulse families. They have a neighborhood committee who support a residential neighborhood. Mr. Rydalch offered an opinion that it is not uncommon for Universities to have married housing. There are <5 homes it this area. MDR zoning will cause all 26 homes to be sold in due time. If this area is annexed, Don recommended a lower density for residential zoning. Weston Lawrence -1144 South looo West- He feels that his location will be greatly affected by this 1 TAT...,4...~. ,7 ~ ~ + ~a + nrio <~oar n~ftar the C<i1-c7 Counc.l has pro UVSal. YV GJIIJll prv^pvseu a iiAOratoiiiliu of a~ A~as~ viii, y~, ~ .~~.~ ..~ denied a prior zoning change request. He proposed to let the buck stop here. Neil Christensen - r143 South iooo West -Neil read a letter from Tom & Lucy Blackham. This letter is on file. The letter referred to prior communications for the Mayor during their annexation process, and the conflicts that were addressed during annexation of this area. The Blackhams support low density residential zoning. Neil mentioned how the growth in the area has caused poor road conditions. Doren Call - 10$9 South looo West- Daren agreed with Mr. Holloway's comments. He was concerned with the growth in the area. He requested to have the Commission slow down and be steady and careful in the commissions decisions. Cindy Beck - ii87 South iooo West - Cindy is concerned with the increase in traffic. Every day she takes about io minutes to cross the road safely. She has been told that the apartments are not filling at this time. She wants the existing units to be utilized before more growth is allowed. She would prefer to have more families in the neighborhood. Randal Foster - 1057 South looo West -Randal asked for a count of the number of people in the meeting that are opposed to this development. About io people stood up. Additional Comments in support of the Development: Sharron Jeppesen -She mentioned the lack of sidewalks in the area. Low density will increase the number of children in the area. This neighborhood has large lots backing into larger parcels. The impact of this development will enhance the area. • Judy Hobbs -She indicated that the values for some of the property in the area will rise substantially. Additional Public Comment in Opposition: Lilla Lawrence - ii44 South iooo West -She feels that this development will force us-out of our homes. DaVawn closed the Public Hearing The commission reviewed page 20 in the Zoning Ordinance book. Ted Whyte -Annexation can better address street and side walk issues for the school children. This is a transitional zoning area. LDRl is there to protect residential single family homes. Eight dwelling units are allowed in LDRi. MDR allows i6 dwelling units per acre with similar restrictions as in LDR1. Ted thought this area should move to MDR. Mike Ricks - He feels that the developments in the area are moving at an aggressive rate. Mike would choose a slower pace. From a planning standpoint, Mike would prefer residential development in this area. Mike would prefer to stop the annexations into the City for a period of time. Glellll Y V Qlkel -Glellll is l.olll,el lied W ltll the gr o IN LLl, however this area 'v`v ui be ililpro ved if the area is developed with sidewalks through MDR requirements. City Engineering studies do not indicate a need for traffic control at this time. DaVawn - He expressed the feeling that MDR zoning would enhance the safety with sidewalks and new road improvements. Stephen Zollinger -There are no plans to improve nth South and add two lanes. Mike made a motion to have a safety study completed on the intersection at nth South and ~`~' West. Stephen Zollinger - indicated that the last study could support about ~ times more traffic. The last study showed a 4~ second wait time to cross the intersection. DaVawn ask Stephen what the City Council's feelings are concerning this proposal. Council Member Benfield concurred with Stephen that the City Council was willing to approve MDR, however, they were not willing to approve HDR zoning for this area. Mike's motion died for the Iack of a second. Steve McGary -indicated that MDR would be a natural buffer from higher development that would be possible in the area. DaVawn called for a motion after discussion. Ted made a motion to recommend annexation of this property with MDR zoning and send to City Council for a public hearing, with the requirements contained in MDR zoning. Glenn seconded the motion -All voted aye, except Mike who voted nay. The motion carried. • 8:go Public Hearing for a Conditional Use Permit for Storage Units Taylor Storage - 128 E. Cemetery road Stephen - re~~iewed the site plan with the Commission and the public. Steve Taylor - 4332 East 50o North in Rigby - He presented the site plan and discussed the timing of construction. The buildings will be constructed out of cinder block-and-metal: Hetivill provide a chain link fence with slats. The buildings are about i3 feet tall. The ditch on the south side will be sloped and can be used for irrigation. Storage sheds are good neighbors. .They will have fire hydrants far the development. Public Comment an favor: Ken Benfield -Ken owns the property and he feels the development would be great. Public Comment Neutral: Rudd Phillips - 211 West 150o North - He is concerned with the trash that comes from a development. He feels that a fence is necessary across the back end of the property on the North side. Brad BlShoff - iii v"v'est i~oo iv('ijili -Brad woilid prclcr a piivaC,y fence to siieiter iii 1iC~i~e ~'vi the development. He is concerned about dust from the traffic due to his allergies. DaVawn closed the public comment. (Doug arrived for the meeting) Glenn referred the Developer to the ditch or canal company for review. Steve indicated that the final plat would address that issue. Glenn preferred a fence to surround the property. Ted requested that a fence be installed to buffer the residential homes. Glenn requested information on landscaping planned for the development. Stephen discussed the fence and driveway issue with the neighbors and developer. Glenn made a motion to approve the conditional use permit, with conditions: #1) Taylors and the bordering neighbors, the Bishoffs strike up an agreement on the fence, that is acceptable and within reason. #2) Taylors will maintain a barrier either with a building or fences all the way around the area they are building as they expand the project. #3) Agreeable to the City staff with adequate fire protection. Ted seconded the motion. Discussion -All voted aye. The motion carried. • • 9:02 Public Hearing for a Zone Change from LI to HDR Jack Zollinger - 4 West 2nd North Kurt reviewed the plat on the overhead screen. Stephen Zollinger -Concerning the westerly portion of the property, Zollingers agreed with the City to make this portion residential. Stephen indicated that he is not representing the owners of~his property. Judy Hobbs -Represented Jack Zollinger for this proposal. Public Comment: No public comment. Public Comment was closed Glenn made a motion to recommend a zone change form Light Industrial (LI) to HDR and send to City Council for public hearing. Doug seconded the motion. All voted aye, none opposed. The motion carried. q:o9 Public Hearing for a Zone Change ofr_ om Ltt~~DRi & LI to HBD MadiSO,l'~cllool DIDt~i-i~t ~Gl - G!{4v Qc `~~o l~lTOl 111 1~ East Stephen review the proposal on the overhead screen. School Board Representative Varr Snedaker -Lot 2 where the buses are parked has been irritating to the Jensens. The School District plans to buy the property for additional office space. Public Comment: No public offered on this issue, Public Comment was closed Doug Smith made a motion to change lot 2 from LDR1 to HBD and the School property from LI to HBD and send to City Council for Public Hearing . Mike seconded the motion, all voted aye, none opposed. The motion carried. 9:i5 Public Hearing for a Zone Change from AGi to MDR Walker Property -off Barney Dairy Rd, East of 35o E. 3rd N. Glenn declared a conflict of interest and stepped down from the table. Kurt Hibbert reviewed the proposal on the screen and the existing zoning. Stephen indicated that the old river bed is the boundary. The river bed has changed its location. Judy Hobbs -Represented the Walkers who want to do multi-family housing. 5 Public Comment: Sheila Barney -Barney Dairy Road - Requested the location of the access for the new development. The Legal Council, Stephen Zollinger did not have enough information at this time to respond to the question. Mrs. Barney has concerns about safety issues with the additional traffic. Glenn commended thaf-the- School- District has ignored cerfain safety- concerns from fhe Walker family. Members of the Commission were in agreement with Mrs. Barney on the road's safety issues. Ted made a motion to recommend this parcel, the Walker parcel, go to City Council with a yes vote from P&Z for re-zoning from AGi to for MDR. Mike seconded the motion, all voted Aye. None opposed. The motion carried. Winston and Glenn abstained from the vote. Winston arrived and took charge of the meeting. 9:~o Public Hearing for a Conditional Use Permit for a Used Car lot Josh Stephens - 39o S. 5th W. (050o Mechanics} Stephen provided a staff report for this proposal. Staff has no concerns with this proposal. Brent Stci%eii5 - x}02 iv ~vou ~, 1Yladlsorl l~..ollrllty - i~Ll/Vlded lllfollllatloll to t11C lryo1111TI1$Slon f)rl Ule proposal. Cars by Ordinance must be sold off asphalt. Public Comment: No public Comment Public Comment was closed Deliberation by the Commission on the current approved site plans South of the property in question. Lighting and new development in the area was discussed. Clarification was requested on having black top for the sale of cars. Stephen could not find any requirement for asphalt to sell cars. Winston questioned who has access to a farm road at the site which crosses the rail road tracks. The Commission is concerned with the access to the site on the farm road. Ted made a motion to grant a conditional use permit for this lot to sell used cars with out access to the future road to the South that will be developed or that the existing rail road crossing (farm access road) will not be used except for emergency services, that the applicant will revisit this Board in one year from the time of approval to address black topping as the Business grows, that the site triangle for visibility on the South corner for the new intersection will not be violated. DaVawn seconded the motion. All voted aye, none opposed. The motion carried. 6 • • Site Plan Review -Scott Spaulding -Bowen Apts Kurt Hibbert - (Planning and Zoning Administrator) -Reviewed the site plan on the overhead screen. The Fire Department approved the site plan. Glenn commended the requestor for providing a completed site plan with the necessary fire protection approved by the Fire Department. Scott Spaulding -This plan meets all of the Cities requirements. He appreciated the comments given by the Fire Department to help with the plan. Commission discussed the set backs and lighting issues. Glenn commented that a parking lot should have adequate lighting. Parking requirements were met in the site plan. The lighting would need to be added on the building for the parking lot. Steve McGary moved to accept the site plan with additional lighting from the building that would aluminate the parking lot area and additional lighting for the street access. Mike seconded the motion, all voted aye. None opposed. The motion carried. Request for Zane change -Rik Wadholm - 347 S 4`t' `'~' (Three legal descriptions) Rik WadiioliTi - Req ueStirig to % hailge Zoriirig a oiii HBD to HDR. Rik explail'ied iii$ proposai to the Commission. This proposal includes additional property for 42 married units. Winston read previous minutes from City Council and P&Z concerning the prior approval of P&Z for HDR on lot 3. When City Council reviewed the request, they indicated to the applicant a preference for MDR. zoning. The applicant withdrew his request from City Council because he was not interested in MDR. zoning for the request. This request has added additional property to build 42 units. Winston read petitions from concerned neighbors that are against HDR. They feel MDR would be acceptable. He mentioned that petitions are not very weighty, however, the comments on the petition are valuable to the commission. Stephen -Indicated that the developer has made the changes requested by the City Council. Public Comment: Craig Forsby -Bare Street -The residents are concerned with safety for children. They have issues with traffic and the density of the request. They would prefer MDR. Mrs. Forsby explained that the children walk to Kennedy school on the same street as the new traffic would use for access. Fourth South is a very busy road. • 7 Rik Wadholm indicated traffic flaw would not be routed onto 4t'' South. It would be routed where Oklahoma's handle is located on the plat plan. He explained that MDR would allow him to build 22 units verses 4o units for HDR. The development would include a laundry and recreation room. The outside development would include green areas and playgrounds. His developers would pursue HDR to the fullest extent. Glenn -made a motion with moderate consideration to send this request for zone change to City Council for reconsideration with the same intent as the motion -made on April ro; 2ooz; which- stated: `that they approve the zone change from HBD to HDR and send it to Public Hearing before the City Council'. Doug Smith seconded the motion to remand this request to the City Council with the same recommendation previously approved. Discussion: The purpose for this identical motion is to eliminate additional meetings and take the request back to City Council where it can be adjudicated. The Commission voted as follows: Those voting Aye: Winston Glenn Doug DaVawn Those voting Nay: Steve Mike Ted The Commission's vote was four Ayes and three Nays. The motion carried. Preliminary plat review -Rocky Mountain Way - Forsgren & Associates Kurt Hilbert - reviewed the plat on the overhead screen Kurt Rowland -Representing Rick Hancock and Forsgren & Associates reviewed the plat. This is a planned residential development(PRD). Winston asked if the protective covenants or binding conditions were available. Stephen said the City has not received these covenants. Kurt Rowland -The full packet is being developed at this time. Mike Ricks -Discussed the parking issues and snow removal concerns. Mike represents this area being discussed on the P&Z Commission. Street parking was discussed by the Commission. The parking on the street may inhibit the driveway parking. Doug made a motion to approve the preliminary site and plat plan with conditions which include: 1) Protective covenants 2) Comply with Ordinances on PRD developments approved by staff. The motion was seconded by DaVawn. Discussion on the quality of the plat and the width of the streets. All voted aye, None opposed. The motion carried. • Request for Conditional Use Permit -Brian Lemon - 249 Mohawk Winston noted that it could be conditioned to family use. Ted Whyte recommended to send this request to a public hearing with the PBrZ Commission. Glenn seconded the motion, all voted aye. None opposed. The motion carried. 8 Impact Zone from Madison County/Lamoreaux - Mnhlestein Annexation & Zoning assignment for the new annexation Kurt Hibbert -Reviewed the Rexburg City Impact Zone for the Commission on the overhead screen. Kurt recommended amending the impact area to include the new development. Stephen = Indicated that-the proposed impact zone change needs amotion to-move it to hearing. DaVawn made a motion to accept the proposed impact zone change and send it to a joint public hearing with Madison County and the City of Rexburg. Steve seconded the motion. All voted aye, none opposed. The motion carried. (The joint hearing on this impact zone change will be July 9~h in the County Commissioners chambers at ~:oo p.m.) John made a formal proposal to have P8rZ meet on the is` and grd Thursday. The proposal was deferred to the end of the meeting. DaVawn made a motion with Stephen's clarification to have the P&Z Commission allow the staff to schedule the hearings on the Lamoreauz annexation consistent with the statutory provisions that regulate the impact zone. Ted Whyte seconded the motion. All voted aye, none opposed. The motion carried • Preliminary and Final Plat Review -Spruce Addition Ted Whyte stepped down from the table because of a conflict. Stephen Zollinger reviewed the plat on the overhead screen. The new Cul De Sac radius is 57 feet. Lee Gagner - 2555 Fieldstream Lane - Reviewed the plat on the overhead screen. He asked that it be approved for a preliminary and a final plat by the commission. Lee clarified that the Spruce Addition plat is a final plat. Discussion on the plat by the Commission and concerns were raised over the half road proposal. The City would require a two lane paved road for this development. Winston asked Stephen if this plat could be a final plat. Lee said this is a final plat request. Doug Smith made a motion to approve the Spruce Addition as a final plat with a condition of the plat having proper signatures to send to the City Council. DaVawn seconded the motion. Ted Whyte abstained from the vote. The other Commission members voted aye, none apposed. The motion carried • 9 Final Plat Review -Andrews Addition Mountain River Engineering Stephen -Staff reviewed the Andrews Addition Plat and recommends approval. harry Hudson - io2o East Lincoln Tdaho Falls - Reviewed the plat and revisions requested by City staff, Discussion on the name of the road and-the plat. Ted made a motion to approve the final plat as drawn, Mike seconded the motion without conditions. All voted aye, None opposed. The motion carried Mr Ricks discussed the issue of street width. He recommended private drives have a minimum of 3o feet to accommodate fire trucks. Discussion from the commission on private roads. Stephen was asked about the 3o foot requirement and could it be required on a private street or road? The length of the road may be what controls the issue. Kurt Hibbert .vas asked to include this issue in the neat meeting far changing Ordinances. Old Business: Winston addressed the Meeting schedule for P8zZ. The recommendation from City Council was to have Pte? iiieet oii uie ist aiid ~~ ThurSdayS. The Proposed New Zone to be created west of town -Ted said it is stalled. The County is reviewing the information that Ted has gathered. The area is within the impact zone. Road right of way was discussed. Sixty foot wide roads are recommended for snow removal. New zoning for rural areas will be put on the next agenda. Winston noted that the City Council has purchased a ~~ideo that discusses urban sprawl and its effect on City services. He recommended that the Commission become familiar with the videos content. This would allow the commission to become proactive with their decisions. Discussion on having a City Ordinance requiring a specific width for private streets or roads in the City. Discussion on staff approvals that are covered by City Ordinance. Meeting adjourned at ii:47 p.m. 10 •