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HomeMy WebLinkAboutP&Z MINUTES JULY 18, 2002REXBURG PLANNING & ZONING July 18, 2002 7:00 p.m. Chairman: Members: P.F:C. P & Z Administrator City Attorney City Clerk Winston Dyer Robert Schwartz =Excused- Ted Whyte DaVawn Beattie Glenn Walker Mike Ricks Steve McGary Doug Smith -Excused Jerry Hastings Mary Haley Jacob Fullmer -Excused John Millar Kurt Hibbert Stephen Zollinger Blair D. Kay Winston -Dyer welcomed Council Member Shawn Larsen and new P&Z Commission member Mary Haley to the meeting. Approval of the Minutes: The minutes of July 10, 2002 were reviewed and the Conditional Use Permit at x55.5 W. 2°~ S. for Dowanna Cox was discussed. Winston Dyer discussed the Commissions approval of the Site Plan without addressing the Conditional Use Permit. The applicant intends to house 16 individuals in three units. The discussion from the Commission Members indicated their concerns on the site plan. The applicant had worked with City Staff to resolve other issues. No further action was requested by the Commission. Stephen Zollinger - Reviewed the Commissions desire to clarify the application. There was some confusion on the application's intent. The discussion shifted to Site Plan issues. DaVawn Beattie made a motion to approve the minutes of July 10, 2002. Mike .Ricks seconded the motion, Winston Dyer abstained, all voted aye, none opposed. The motion carried. Noncontroversial Items added to the agenda DaVawn Beattie -Discussed sidewalk locations and safety issues with curb side locations. • • • Winston Dyer - Read a letter from Doug Ladle - 1056 Barney Dairy Road, regarding a petition for Transportation Facilities at 1000 East, between 1100 South and Barney Dairy Road. The letter was discussed and entered into the file. Winston Dyer - He gave direction to the public on giving Public Testimony at the meeting. New Business: • Public Hearings 7:05 PM Conditional Use Permit - 249 Mohawk -Brian & Mary Beth Lemon Kurt Hibbert - Reviewed the location on the overhead screen. Zoning is LDRl for this request. Brian Lemon - 249 Mohawk Ave -They are requesting a basement apartment for their residence. Winston Dyer -Asked if this was a first time use for this home. Mary Lee Hill discussed other homes in the area that have apartments. Parking was discussed at the site. LDRI does allow for a two family dwelling at this location. Those in favor of the request: Mary Beth Lemon -They have been getrng requests for occupancy and are very excited to have an apartment in their basement. Those neutral to the request: No testimony was given Those against the request: No testimony was given The Public Hearing was closed. Discussion on this request for an apartment and other apartments on the same street. There are at least four other apartments on this streer.. Glenn Walker made a motion to approve the request for an apartment with conditions. Condition # 1) Meet the requu~ements of a Life Safety Inspection Condition #2) Approved by City Staff Jerry Hastings seconded the motion, atl voted aye, none opposed. The motion carried. • 7:15 PM Conditional Use Permit - 113 S. 3~ E. -Mary Lee Hili Kurt Hibbert -Reviewed the location on the overhead screen. Zoning is LDRl for this request. Mary Lee Hill -They are requesting two apartments in this home. Those in favor of the request: No Testimony was given Those neutral to the request: No testimony was given Those against the request: Larry Larsen - 428 Park Ave, Idaho Falls -Legal Council for Ron Bird - 58 South 3rd East - Mr. Bird feels that it dGes not rrieet the regtiii'emeiits for tie LDRi ZOTIIl'Ig. They are concerned fiat tl"uS request `vJiil cause economic depreciation to other properties in the neighborhood. Mr. Larsen discussed the Idaho Code allowing Conditional Use Permits. Mr. Bird is requesting that standards be imposed for the use of this property. The Zoning Code Bock was reviewed in conjunction with the Comprehensive Plan. Mr. Bird is desirous to maintain a strong single family neighborhood in this area. The conditions £nat could be imposed to m_it~im?ze any impact on the surrounding properties vvas reviewed. Mr. Bird would prefer family housing iti this area. He is not in favor of Apartments in this neighborhood. Steve Oakey - 25 South 3rd East -Steve agreed with the previous statements concerning applying conditions to the approval process. He would prefer to maintain some single family areas in the City. He is desirous to ir°.aintain older architecture irL Rexburg. Rebuttal Testimony by the applicant Mary Lee Hill - Represented the owner as a Real Estate Broker -The owner plans to live at the residence and rent an apartment. The Publie Hearing was dosed. Stephen Zollinger -Reviewed the definition of a family. It can consist of up to four non related individuals per unit using one contract. Family as defined in the Zoning Ordinance was discussed. You can not discriminate against a family unit. Jerry Hastings - Reviewed the different types of family units and the inability of the City to monitor the units for compliance. Mary Haley -Discussion on the history of the homes in the neighborhood. DaVawn Beattie -Discussed putting conditions on this approval. Stephen Zollinger -There are Laws on the Books to control exterior condition of properties. These may include weed control, weather proofing, and other nuisance issues. Discussion on the type of conditions that could be applied. Mary Haley -Discussed neighborhood conditions at this location. DaVawn Beattie -Reviewed the Code Book on page 53 listing some conditions. Steve McGary made a motion to approve the request for a Conditional Use Permit with Staff approval and with the following conditions: Rexburg Zoning Code Book (Page 53): (4) Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibration, improperly directed glare or heat, electrical interference, odors, dust or air pollutants, solid waste generation and storage, hazardous materials or waste, excessive traffic generation, or interference with pedestrian traffic. (6) Not generate traffic in excess of the capacity of public streets or access points serving the proposed use and will assure adequa`~e visibility at traffic access points. (7) Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. (9) Nat result in the destnzction, loss or damage of a historic feature of si~ifieance to the com.~nu~ity of Rexburg. • DaVawn Beattie seconded the motion, Discussion, all voted aye, none opposed. The motion carried. 7:25 PM Conditional ~Jse Permit - 33S ~. Main St -Raymond Jib, bill Kurt Hibbert -Reviewed the location on the overhead screen. Zoning is LDRi for this request. The Staff approved the request. Raymond K. Hill - 328 East Main Street -The property is located at 338 East Main to the East of his home. He reviewed the housing next to his location. Those in favor of the proposal: Sharma Hill - 328 East Main Street - Reviewed the request with the Commission. They are requesting housing for couples. It will be a one bedroom apartment. There is plenty of room for parking on the lot. The lot has black top on it for parking. Winston Dyer - Read a letter from Don and Marsha Sparhawk- 37 South 3`d East- They are supportive of the Conditional Use Permit. The letter will be in the file. • , Those neither for or against the proposal: Jean Baird - 325 East 1~` South -They are supportive of the request with a neutral position. Steve Oakey - 25 S. 3rd E. -Discussed the professional overlay that was reviewed several months ago. He discussed office space verses residential use of the properties. He was concerned with the neighborhoods desire to exclude office use aver residential use. Steve would prefer to maintain the - neighborhood-in its present condition. Gerald Larsen - 75 South 3rd E. -Discussed his concern with adding pavement to the neighborhood. Rain water from the Kenwood Apartments runs off when there is a storm. He asked the commission to keep this in mind. Larry Larsen - 428 Park Ave, Idaho Falls -Representing Ron Bird as Council -Reviewed his previous comment to preserve strong family neighborhoods. This request will add an additional family to the neighborhood. Larry suggested to give consideration to limiting additional multifamily units in the neighborhood. Larry suggested additional limits on the number of occupants in the unit. He suggested that a condition of li~nit~ng the number of occupants un each unit to tw o persons not v~i*4hin the second degree of kinship. He recommended that the Commission deny the request. Paul Lafollette - 106 Birch Ave -Discussed renting properly being a commercial use. He prefers to maintain older structures in their original condition. There are locations in the City that would not pass 'ine Life Safety review. • Eric Early - 6213 South 3100 West- Discussed Provo, Utah -Provo is moving back to owner occupied units. Rebuttal Discussion: Raymond Hill - 328 East Main Street -They are reducing the bedrooms from five to three. They are planning to put two families in the units. This property was owned by his uncle and they are trying to keep this property in the family. The Public Hearing was closed. Discussion on the proposal and the neighborhood's concerns with continued development of the neighborhood. The Conditional Use Permit process does allow mitigating language to control the use of the property. Stephen Zollinger -Discussion on the transfer of property and the future development of the property after a Conditional Use Permit is given. Discussion on the number of occupants that the Commission could allow. The Federal Government uses four non-related people as a family unit. There must be a reason for limiting the number of occupants. • • DaVawn Beattie made a motion to approve the request for a Conditional Use Permit with compliance to City Ordinances and Staff approval. Also, they must meet the following conditions: Rexburg Zoning Code Book (Page 53}: (4) Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibration, improperly directed glare or heat, electrical interference, odors, dust or air pollutants, solid waste generation and storage, hazardous materials or waste, excessive traffic generation, ar interference with pedestrian-traffic. (6) Not generate traffic in excess of the capacity of public streets or access points serving the proposed use and will assure adequate visibility at traffic access points. (7) Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. (9} Not result in the destruction, loss or damage of a historic feature of significance to the community of Rexburg. Ted Whyte seconded the motion, all voted aye, none opposed. The motion carried. 7:35 PM Variance -College Park Apartments - 13ob Robinson Ted Whyte declared tl'iat he no longer has a coru,ict with this prope~~y due to te~,ririated negotiations with Mr. Hill. Kurt Hibbert - Reviewed the location on the overhead screen. Zoning is HDR (High Density Residential) for this request. The Staff has reviewed the request. They are required to have 62 parking spaces. With this variance, the apartments would have four additional parking spaces. Robert Robinson -Apollo Apts. -His home is in Provo, Utah. His brother Joseph will be living here and manage the properties. Discussion on the changes in this request verses the original approved site plan. This request would change the site plan from two approaches to one wider approach. The Fire Department would prefer the single wider roadway through the complex. Discussion on the neighboring properties parking practices. The set back is 25 feet back from the curb. The set back parking requested is for compact cars. The complex is for rnanxed housing. Those in favor of the proposal: No public testimony was given Kurt Hibbert -Indicated that the changes would improve safety for the project. Those neutral to the request: Roger Harris - 19East 2°d North - He is concerned with the traffic on 2°d North and the commercial use of the property. His house is affected by heavy trucks using 2°d North. His home vibrates when trucks pass by his home. The vibration from the trucks has broken windows in his home. He is concerned with the danger that children are exposed to North of his home on a vacant lot. He • 6 discussed using another route for heavy trucks that disturb residential use in the neighborhood. He • recommended that the City improve the street with a reconstruction project. This road is scheduled for reconstruction, however Roger recommended a different route for trucks away from this location. He feels that the current condition of the road is not good enough to support additional development. Those in opposition to the proposal: No written input or opposition was given Mike Ricks -Discussed the need to following the Ordinance regulating parking. Discussion on the parking at other locations in the area. Mike does not want to allow this variance which will allow selective conformance to the Ordinance. Ted Whyte -Reviewed the changes that the new proposal will add to the safety of the development. He supports the changes from a safety standpoint. merry Hastings -Discussed set backs ii~ other areas of the city and the reed to maintain a unifo~u. pattern in the area. DaVawn Beattie - Reviewed the proposal and the advantages of the new design. Winston Dyer -Discussed setting a precedent with the approval of This proposal. This request arid similar requests will need to meet the variance requirements on Page 51 of the Planning and Zoning Ordinance Book. • Glenn Wallcer -Discussed the new plan and the enhanced safety issues. Ted Whyte -Reviewed tine parking lots adjacent to this proposal. These lots will be commonly paved and share traffic flow. The new proposal-would allow traffic to flow on to Center Street. The fire department would have better access. DaVawn Beattie -Recommended the proposal meet the variance requirements. (1} The need for a variance results from physical limitations of the Iot upon which the variance is requested which are not generally applicable to other properties in the same zone; (2) Failure to approve a variance will result in undue hardship; (3) The alleged hardship has not been created by the action of the applicant or the property owner; and (4) Approval of the variance is not in conflict with public interest. Kurt Hibbert -The Fire Department recommended very strongly that the new proposal be approved. This request would allow better and safer access. • • Mike Ricks -Reviewed the existing uses in the area and the current request seeking a variance which is against the Zoning Ordinance for the City. Discussion on the variance and applying conditions and safeguards. The Conditional Use Permit would be tied to the properly. Stephen Zollinger -Reviewed grand fathering of properties before the set back issue was approved. Discussion on the need for a variance in this case to allow parking in the set back area. -Mary Haley= IDiscuased-the need to look at each property individually and-make decision based on the merits of the proposals. Robert Robertson - He asked that this request be considered on its own merits. He will abide by the Commissions decision. Winston Dyer -The feeling of the Commission is that this proposal does have merit, however the Commission does not want to set precedents for future requests. Stephen Zollinger -This proposal would be defensible if the decision is based on fact and the variance proced-~re is followed. Ted Whyte made a motion to grant the variance for the Robinson property, with conditions: 1) Mr. Robertson would add a poured continuous curb at the edge of the set back to prohibit traffic from eniering the road. way from the set back area. 2} In view of the requestor having met the physical limitations for the variance requirements as follows: a) The need for a variance results from physical limitations of the lot upon which the variance is requested. which are not generally applicable to other properties in the same zone; Variance Condition met: The adjoining lots have parking out to the curb, constricting the approaches. b) Failure to approve a variance will result in undue hardship; Variance Condition met: This design provides for additional safety to the roadway and parking for tenants. 'This would cause undue hardship on the tenants if disapproved c) The alleged hardship has not been created by the action of the applicant or the property owner; Variance Condition met: Adjacent property owners have constricted the adjacent property in such a way that this property is not readily usable in it's safest fashion; and d) Approval of the variance is not in conflict with public interest. Variance Condition met: This project is in the public interest for improved access, and ~• 8 visibility. • DaVawn Beattie seconded the motion subject to the single condition and meeting the variance conditions. Discussion on meeting the variance conditions. Stephen Zollinger reviewed the conditions and provided fmdings of fact. Votin~A~e Voting Nay Ted Whyte Mike Ricks DaVawn Beattie Glenn Walker Steve McGary Jerry Hastings Mary Haley The motion carried. l~Tew Business: Site Plan Review and Request for Conditional Use Permit Cresthaven LDS Chureh Parking Lot Expansion -John Watson KurE Hibberi -Reviewed the location on the overhead screen. Zoning is LDRI for this request. The Stafr" approved the request. Johnny Watson - JRW Associates -Lots three and four were purchased for expansion for LDS Church • parking. The Church is expanding into a Residential area. The existing parking will be expanded to the South 35 feet with landscaping. This will provide 53 additional parking spaces. A future picnic area will be added. Addit'~onal stortr~ drain capacity for storm retention will be added to handle the additional pavement. A 6 foot chain-link fence with grass strip will be added. They will add a shallow drainage field. Winston Dyer -Questioned why the applicant did not apply for a zone change. LDRI will allow this expansion with a conditional use permit. Discussion on new streets and storm drains for the area. The closest storm drain is on '7`k` South. Other issues to consider are approval of the site plan, and conditions for the Conditional Use Permit for the entire property. One condition for the Conditional Use Permit will be to attached to the City Storm Drain facilities when storm drain piping becomes available. If the parking area is increased more than 15%, the developer would be required to consider the entire parking area for storm drain requirements. Jerry Hastings made a motion to approve the Site Plan subject to the Conditional Use Permit process: 1) Connect their drainage system to the City storm drain when it is available Z) Identify on the Site Plan the 75 foot land scape area agreed upon with the original owner 9 • Glenn Walker Seconded the motion, all voted aye, none opposed. The motion carried. Site Plan Review -Office Expansion - Dr. Craig Heiner Kurt Hibbert -.Reviewed the location on the overhead screen. Zoning is LDRl with a Professional Overlay. The Staff approved the request. Discussion -Concerns were raised over parking. DaVawn Beattie made a motion to approve the Site Plan subject to City Staff approvals. Mike Ricks seconded the motion, all voted aye, none opposed. The motion carried. Site Plan Review - ]Level One Apartments Married Housing Kurt Rowland -Forsgren Associates Kurt Hibbert - Reviewed the location. on the overhead screen. The Staff approved the request. Fire Department concerns were handed out to the Commission. Dave Montgomery - 12~ North 540 ~,~Jest, No:~.h Salt Lake City -'this is the ust one acre site on the East side of Celestial Village. The apartments are 600 square feet each. The development has 12 plexes with a breeze way between the buildings. There is one 6 plex on this plan. Fire hydrants were discussed on the site plan. They are the same design as the Celestial Village Site Plan. Discussion on the plan and Staff review of Parking and fire hydrants on the Site Plan. Mike Ricks Made a mofion to approve this Site Plan subject to Staff approvals and wit'n conditions: 1) Pack Lighting on the buildings lighting up the parking areas 2) Lighting at entry ways from the streets 3) Adequate fire hydrants to meet the Fire Codes required for that size building 4) Fire Lane with appropriate markings Jerry Hastings seconded the motion, all voted aye, none opposed. The motion carried. Site Plan Review -Cougar Apartments - Westates Subdivision Kurt Rowland -Forsgren Associates Kurt Hibbert -Reviewed the location on the overhead screen. The Staff approved the request with concerns with the set back requiu~ements and the size of the buildings. The Fire Department indicates the units will need to be sprinkled. Dave Mon#gomery - i25 North 640 West, North Salt Lake City -Discussion on the plan and when the City received it. The plat was reviewed on the table by the commission. Discussion on entry into the plat. Winston Dyer -Reviewed the minutes from the past meeting when this plat was tabled due to changed plat presented at the meeting. At that meeting, Staff had reviewed a totally different plat and was unable to address the changes presented on the new plat presented at the meeting. Continued discussion on the plat and the isle which is 24 feet. The parking stalls and setbacks are 20 feet. Ted Whyte declared a conflict and removed himself from the table. `• 10 • Glenn Walker made a motion to accept the site plan with the following conditions: 1) Street Lighting by the entrances 2) Wall Packlighting from the buildings directed to the parking areas 3j Fire Hydrants approved the Fire Department -- 4j StaffDepartmental approval Steve McGary seconded the motion, Ted Whyte abstained, all voted aye, none opposed. The motion carried. Vallinda Townhouses -Third Amended Plat Approval Mountain River Engineering Larry Hudson - 1020 East Lincoln -Discussed the plat on the overhead screen and the changes made to this request after the property was resold. The latest amendment to the plat is for three 4 plexes and one 3 plex. They plan to have a s hared parking and access agreement iri the subdivision. Winston Dyer -This matter has been before you once before as a Site Plan. This review is to properly identify the property division with the Plat process. The property must be platted first before a Site Plan can be reviewed. Kurt Hibbert -Staff has reviewed the Plat and has concerns with lot 1 1. Winston Dyer -Discussion on the minimum size of a lot for a four plea. This is an MDR zone. The lot • size must be 4500 Square feet for the first unit and 1500 square feet for additional units, unless they are put in excess of 16 units on a gross acre. The minimum acreage for a four plex is .21 acres. The total acreage is 1.2 acres. Staff recommend moving the West lot line on lot 11 to get the necessary acreage. The Fire Department approved the hammer head street ending with red paint on the curb for a fire lane. Ted Whyte made a motion to approve the Plat plan with conditions: 1) Move the West lot line on lot 11 to create the minimum .21 acres necessary for a four plex. DaVawn Beattie Seconded the motion, Discussion, all voted aye, none opposed. The motion carried. Letter was discussed that was for the Rick Wadholm site plan previously approved by City Council. 11 • Discussion of proposed amendments to the Zoning Ordinance Winston Dyer - Requested a recommendation from the Commission to present to City Council. Glenn Walker made a motion to table this item until August 1, 2002 when the Commission can review the Ordinance. DaVawn Beattie seconded the motion, all voted aye, none opposed, The motion carried. The new revised Sub Division Ordinance was given to the Commission for their input and review. DaVawn Beattie -Discussed his concerns with safety and the lack of compliance of some properties in the City. Stephen Zollinger -These properties are being reviewed and discussions are being conducted with the residents. The Commission has asked Staff to review the sidewalks with safety concerns and report back to the Commission an those properties that need attention. The pCSt Office has requested Clustered mail boxes ;II Si1udIV1SiCTiS. DiSGuSSICri on u`te Ciilster mall bCXeS verses single mail boxes. They do not have authority to require clustered mailboxes. G. Adjourned • lz