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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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