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HomeMy WebLinkAboutP&Z MINUTES JUNE 26, 2002REXBURG PLANNING & ZONING June 26, 2002 7:00 p.m. Chairman:_ W_instonDyer Members: Robert Schwartz -Excused Ted Whyte -Excused DaVawn Beattie Glenn Walker Mike Ricks Steve McGary Doug Smith Jerry Hastings Mary Haley -Excused Jacob Fullmer -Excused P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay Winston Dyer welcomed the community members to the meeting. He recognized Bobette and LaDawn for their distinguished and faithful service to the Commission. Winston Dyer welcomed new Commission members Jerry Hastings and Mary Haley. Mary and Robert were excused from the meeting. Approval of the Minutes: Glenn Walker made a motion to approve the minutes of June 12, 2002. Steve McGary seconded the motion. All voted aye, None opposed. The motion carried. Noncontroversial Items: Glenn Walker thanked the City for E-mailing the minutes to Commission members. The new Planning and Zoning meeting schedule was reviewed for the members. The new schedule will be the first and third Thursdays and start Thursday July 18th. New Business: ~:io -Public Hearing -Conditional Use Permit - 115 South 2"d West - Dennis Hebdon Kurt Hibbert -Reviewed the hand written sketch of the area and discussed the need for a fire wall on the property line. '~ 1 Dennis Hebdon - He will keep the building 4o feet back from the road for visibility. Public Testimony in favor: None given Public Testimony against: None given Public Testimony was closed Steve McGary reviewed the parking issues at the site. Kurt Hibbert -Staff does not have any issues with the parking. DaVawn Beattie - Reviewed the fencing on the lot. DaVawn Beattie made a motion to approve the Conditional Use Permit with City Staff approval. Mike seconded the motion, Doug Smith abstained because he did not hear the issues. All voted aye, none opposed. The motion carried. ']:2~ - Publie wearing - sign variance - 420 `vi% 4r" Chamber of Commerce Kurt Hibbert -Reviewed the application with the Commission. Jerry Steadman -Young Electric Sign Company -Reviewed the need for a sign to help Tourist locate tl'~e Chamber of Commerce office. Tourist have complained about the lack of a noticeable sign for the Chamber. The proposed sign is 4 foot by 6 foot and will be located close the Chamber building. It will be double faced sign 12 feet tall. Donna Benfield -Executive Director of the Rexburg Chamber of Commerce -The Chamber Vision Statement was read far the Commission. The location of the sign would need to be placed in an area safe for the public. Public Testimony in favor: David Montgomery - Badham Construction recently came to town and spent i.5 hours looking for the Chamber. Public Testimony in against: None given Public Testimony was closed. Winston Dyer -Reviewed the four conditions needed to allow the variance. 2 Mike Ricks -Commented on the legal issues of issuing a variance for a City organization. Mike preferred using existing signs on the property. Glenn Walker -Commented that the Chamber is not an organization City government. Winston Dyer - Reviewed the possibilities of meeting the conditions of the variance. Steve McGary questioned the possibilities of the Chamber meeting the variance requirements. DaVawn Beattie -Expressed the need for the sign. Doug Smith -Reviewed the variance conditions. Donna Benfield reviewed the existing signs on the property and the problems seeing their sign. Discussion concerning using the existing sign at the site in concert with other businesses. Doug Smith -Recognized the need of the Chamber to have a better sign. The Ordinance only allows one free standing sign per property. Winston Dyer -Discussion on the Chamber adding to the existing free standing sign. The conditions were reviewed concerning the Chamber getting a variance. Location and size could be a part of the variance. Glenn Walker -Discussed the set back requirements for the sign. 4 Stephen Zollinger- The variance can be given to the Chamber instead of the property. Conditions were discussed for the variance. DaVawn Beattie made a motion to grant a sign variance with conditions to the Chamber of Commerce. Having meet the four variance criteria the sign variance would be granted to the Chamber instead of the property. The conditions are as follows: 1) The sign would be 4 foot high and 6 foot wide 2) The location of the new sign will be near the present ground sign 3) The sign will be located out of the road right of way 4) The Chamber will come before the Commission in three years to review the variance 5) The maximum height for the sign will be i2 feet Mike Ricks seconded the motion, all voted aye, none opposed. The motion carried. Discussion an HDR2 Zoning HDR2 - 42 single bedroom units per gross acre; HI3R - 30 units per gross acre, Proposal to have HDR2 Zoning with incremental steps, (i.e.} 26-30 units, 30-34 units Kurt Hibbert - Reviewed the issues concerning re-zoning verses offering a Conditional Use Permit. If the requestor fails to act on the Conditional Use Permit within one year, the zoning change would `` revert back to the original zoning. The Zoning change would be tied to the Conditional Use Permit for a specific period of time. Winston Dyer - Reviewed the HDR2 zoning requirements and the limits that are controlling the development of property. Parking, fire lanes and other Ordinance requirements control the density allowed for properly development. Discussion on changing the zoning ordinances to create a stable environment for growth. Kurt Hibbert -Commented on ideas for changing the zoning processes to limit speculation. DaVawn Beattie -Discussed high rise structures and the need to put a time limit on zoning to higher density. Glenn Walker -Discussed putting a moratorium on addition high density sites. Discussion on meeting the communities needs for additional housing. Glenn Walker -Commented on the need to keep new housing developments in the private sector. He recommended drafting a letter from the Commission to BYCT-Idaho requesting additional time before the College starts their own housing program for students. Discussion from Badham Construction on their concerns with College housing verses private housing . Glenn Walker -Recommended that City Council provide guidance to the Planning and Zoning Commission on the issue of Zone changes and approvals. Discussion on re-zoning for speculation. Discussion on presenting a recommendation to the City Council to limit speculative zoning. Mike Ricks - Recommended a sunset clause for zoning change requests. The sun set clause would limit speculative property transactions. Kurt Hibbert -Discussed having the Planning and Zoning Commission present a recommendation to City Council for zone change requests. Steve -Recommended gathering data on the zoning issues and present this data to City Council. Glenn Walker made a motion to draft a letter to BYtJ-IDAHO with the Commission's concerns over the College's plan to provide housing for students. The motion was seconded by Doug Smith. Discussion on zoning issues. Discussion on providing a report on the number of units in planned and approved developments. All voted aye, none opposed. The motion carried. 4 • Conditional Use Permit -1Z3 South 3~ East -Mary Lee Hill Kurt Hibbert reviewed the permit application and the location on the overhead screen. Staff reviewed the application without concerns. Mary Lee Hill -Reviewed the application with the Commission. She requested that the Conditional Use Permit be transferable to the new owners. The house is listed for sale. Winston Dyer -The zoning is LDRi in this area. Discussion on the permit and transferring the permit to the new owner. The public hearing would need to be set for the 18th of July. Steve McGary made a motion to move the request to public hearing, Doug Smith seconded the motion, all voted aye, none opposed. The motion carried. Conditional Use Permit - 3g8 East Main Street -Raymond Hill Glenn Walker excused himself due to a conflict. Raymond Hill - Requested a permit for 2 couples in a family house. It is currently zoned LDRi which allows conditional use. Kurt Hibbert -Reviewed the site on the overhead screen. Discussion on the previous use of the »rp at-~~, The nrn»Prty ill arrnmrn~data Ej varg r- P ~ r_..r..,_.,, Doug Smith made a motion to send this request to public hearing for a Conditional Use Permit for a two family residence. Jerry seconded the motion, all vote aye, none opposed. The motion carried. The public hearing will be scheduled for the 8th of July, 2002. Conditional Use Permit - 276 West g'd South -Blake Loveland Blake Loveland - 266 West 3~ South -Reviewed the location and his desire to purchase the property. The property has been used for single student and family housing. Over 20 years of the past 35 years, the property has been used for student housing. Six students were in each of three units for a total of eighteen students. Blake would use the home for single students housing for up to 24 students. The area has other units being used for student housing. The property is a triplex and could hold 24 students. The property was reviewed on the overhead screen. Taco Time is located 20o yards to the East. John Millar - In 199o the ordinance change the zoning to MDR. Staff reviewed and recommended the property for a conditional use permit. Mike made a motion to send this request to public hearing, DaVawn seconded the motion, all voted aye, none opposed. The motion carried. • 5 Site Plan Review -Cougar Apts - Sadham Construction (West States . Development) Dave Montgomery - Badham Construction -Reviewed the 5 acre plat consisting of 6-24 Plex buildings around a central laundry facility and a gathering room. The plat was reviewed on the overhead screen with a new plat passed out to the Commission at the meeting. The new plat was different than the plat reviewed by Staf£ The completion is expected to be in August of 2003: Discussion: DaVawn Beattie complimented the development. Discussion on lighting and the entrance to the development. Because the Plat had been changed from the original Plat that was reviewed by Staff, the Chair recommended tabling the plat until Staff could review the new changes to the plat. Mike Ricks made a motion to table the request until July 10. Discussion on staff reviewing the new Plat. Jerry Hastings seconded the motion. All voted aye, none opposed. The motion carried. The Chair declared a 5 minute break. Site Plan Review -Celestial Village Phase 3 -Tom Holliday Dave Montgomery - Reviewed the project consisting of ~_~ - 72 plexPC nn the nverhearl crrPen, Some changes to the building were discussed. The one acre parcel is to be completed by December of this year. They are three story buildings with 6 units on each side. • Kurt Hibbert -Reviewed the staff concerns with the fire lane markings. Discussion -This site is across the street from Cougar Apartments. This is a three story building requiring a half basement. DaVawn Beattie made a motion to approve the Site Plan subject to staff approval of the fire lane and lighting at the entrance. Steve McGary seconded the motion. Discussion on lighting. Wall packs will be installed on the buildings with photo cells. All voted aye, none opposed. The motion carried. Site Plan Review -Stones Town & Country - 5`'' West -North of Trailers John Watson -Discussion on the Agenda titles -Reviewed the Site plan with the Commission. The building will. be built on the property line with approved fire walls. The building does not have a pitched roof. The moisture will be contained on the roof. The landscape and parking do meet the code requirements. We are requesting a site plan approval. Steve McGary -Reviewed the size of the building and the planned size of the building. F • Discussion on the snow load requirements. The trailer park access is a private drive. The parking stalls are 9 feet by i8 feet. Kurt Hibbert -Discussed the need for measurements and hydrant locations on the plan. Steve McGary made a motion to accept the site plan, Davawn Beattie seconded the motion, all voted aye, none opposed. The motion carried. Preliminary Site Plan Review -The Legacy Townhouse - i5oo W -Mark Rees Mark Rees -Reviewed the site plan on the overhead screen. Winston Dyer asked what buffering was provided around the project. They are using a row of trees. Kurt Hibbert -Staff is still reviewing fire hydrant locations. Discussion on parking, open areas and buffering. The exit will need to be 9o degrees to the center line. There was discussion on buffering the project from existing neighbors. Mike Ricks made a motion to accept the site plan with conditions: ~.) lighting at tie entrances 2) Staff approval • 3) Buffering on the south side with 6 foot low maintenance privacy fence The motion was seconded by Doug Smith, all voted aye, none opposed. The motion carried. Final Plat -Hidden Valley Phase 5 Winston Dyer declared a conflict and stepped down from the table. DaVawn Beattie took Charge of the meeting. Winston Dyer -Representing the developers reviewed the Plat on the overhead screen. Palmer Circle was changed to Valley View Drive. City Council changed the entrance to line up with the trailer court entrance. The changes were made to the plat to comply with The City Council motion. The master plan was redone to comply with City Councils motion to change the exit. North Hill Road was deeded to the City. Kurt Hibbert -Reviewed the street names and the confusion with similar names on the plat. Discussion on the total lots for the project. Discussion on who owns adjacent lands. Discussion on the farm to market road to the East. • ~ Doug Smith made a motion to approve the final plat with addressing changes to meet county . requirements, the motion was seconded by Mike Ricks, all voted aye, none opposed. Winston abstained from the vote. The motion carried. Winston took charge of the meeting. Final Site Plan change for parking -College Park Apts -Bob Robinson Bob Robinson -Reviewed the site plan changes and requested a change to add green area and a wider driveway. This will allow additional parking. The plan has a 25 foot set back from the curb. Bob requested this change to add landscaping to the plat and parking in the set- back. Kurt Hibbert -Discussed the set backs from the property line and the fire hydrant locations. Stephen Zollinger -This would require a variance. Winston Dyer -Read 612 of the zoning code to the commission. Discussion on the reasons to approve a variance. The applicant would need a public hearing to have a variance. The Variance process was reviewed with Bob Robinson. Bob Robinson -Would not meet parking requirements without the additional parking. He asked for a variance for the parlring, Discussion on the variance issue and the adjoining properties not complying with the Ordinance. • Stephen Zollinger -Discussed grand fathering of adjoining properties. Discussion of parking requirements and a review of the zoning book. Steve McGary moved to send this to public hearing before Planning and Zoning for a variance, Jerry Hastings seconded the motion, all voted aye, none opposed. The motion carried The public hearing will be set up on the i8th of July. New zoning change for rural areas -Tabled until an open agenda is available Zone Change from MDR to HDR-ion E. 1~ N. - (19 -4 plexes) Dee Jones/Randy Webb Glenn Walker had a conflict and stepped down from the table due to a perceived conflict of interest on a contingent sale of a different piece of property . Randy Webb -Discussed the location of the plat. They are proposing a chain Iink fence with slats for a buffer. Kurt Hibbert -This is a request fora zone change. A letter from the Larsens is on file opposing the zone change. Staff does not have any concerns. Zoning goes with the property. U t• Mike Ricks made a motion to deny the request for high density. The motion died for lack of second. Doug Smrth made a motion to send the request to public hearing before Planning and Zoning. The motion was seconded by Steve McGary. Discussion on the project. Spencer- Larsen offered a comment that he is-adamantly opposed to HDR zoning-for this-project- which was recently zoned MDR. His home is adjacent to this project. The Commission vote was as follows: Voting Nay Voting AYe Abstaining Mike Ricks Doug Smith Jerry Hastings Steve McGary DaVawn Beattie • The motion carried Glenn Walker rejoined the table after the vote was taken. Discussion on the meeting for July gt'' with the County concerning the impact zone hearing. Planning and Zoning July 9t`' - a quorum will be available Planning and Zoning July iot'' - a quorum will be available Planning and Zoning July 18`h - a quorum will be available Discussion of private street widths and Fire Department access. The Commission will seek Legal Council's recommendation for private street widths. 4. Adjourned 9