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HomeMy WebLinkAboutP&Z MINUTES AUGUST 15, 2002REXBURG PLANNING & ZONING August 15, 2002 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz -Excused Ted Whyte DaVawn Beattie -Excused Mike Ricks Steve McGary Doug Smith -Excused Jerry Hastings -Excused Mary Haley -Excused Jacob Fullmer P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger na_ n,__I_ ,-„ r~ i.i~y L,1cix t3rair D. riay Winston Dyer welcomed the public to the meeting. This is an official meeting, however there is not a voting quorum. This meeting will conduct business and hear testimony. The Clerk will make careful note of the proceedings for review by Commissioners who are not present at this meeting. Winston apologized for the inconvenience to those with requests on the agenda. Approval of the Minutes: The minutes will be approved at the work meeting on the 29t1i of August for the Planning and Zoning meeting that was held on August l ~t, 2002. Mi1ce Ricks asked for a change to the minutes on page 6. The road width he is recommending is 30 feet for private driveways in subdivisions. Noncontroversial 'stems added to the agenda Ted Whyte -Asked about the meeting scheduled in the near future. The work meeting is scheduled for th 29th of August. Winston Dyer -Clarified with Stephen Zollinger the issue of continuing these public hearings to the work meeting on the 29t1i of August. These items can be added to the work meeting 48 hours in advance of the meeting. Therefore, necessary agenda items from the 151'' of August will be placed on the next scheduled meeting on the 29~' of August. That meeting will be used to conclude the actions pending on the 15~' of August agenda. Steve McGary -Concurred with the recommendation to conclude these hearings on the 291'' of August. 7;05 pm Zone Change Request - 221 W. 4t'' S. -Wade Webster HBD to HDR Kurt Hibbert -Reviewed the request for a zone change on the overhead screen. The property is the old Erickson Pontiac property. Rockland Apartments are to the West of this property. Ted Whvte - Declared a conflict and stepped down from the table. • Ted Whyte- - I6 Taurus -Representing Wade Webster, the proposed buyer of the old Erickson Pontiac lot. There are two separate deeds for this proposal. The properties extend from the Erickson property on 2na West to 3ra West. The proposal is to develop apartments at this location. Three sides of the property are surrounded by existing apartments. Public Testimony: Those in favor of this proposal: Eric Erickson - 1573 West 190 South -Current owners of the property (2 deeds). Eric feels that the best use of the property is HDR. It is close to the University- and complies with the comprehensive plan. They moved there business because of the limited space available to expand their business and the surrounding apartments. Stephen. Zollinger -Asked Eric if they were in favor of this proposed development. Eric responded that they were in favor of having the property developed into HDR housing units. Those neither in favor nor against: None given Those opposed to the proposal: None given Winston Dyer -Deferred continued public hearing input on this proposal until the scheduled work meeting on the 29th of August. The Commissioners in attendance are concerned with the following: Winston Dyer -Concerned with the recent events that have pre-empted private development. Winston asked Eric Erickson to value the worth of this property if it were to remain in a Highway Business District zone. Eric E~~ckscn stated #'rat t'ris locahon has been one of the more valuable business locations ire the City for the past 35 years. However, there was not any room for their business to expand. Only a very specialize business could prosper at this location. Eric Erickson mentioned the congested • access to this location. New commerce is looking for areas to the North and to the West of the City. This area is going to attract very limited business posibilities. Only one commercial business has looked at this property in the past year. They only wanted one of the buildings on this property. Winston Dyer concurred that this property used to be a prime commercial area, however the area has changed. Ted Whyte -Fast food businesses will not entertain this location for a business. They prefer to locate on the North East side of town. Winston Dyer - HBD is becoming a limited resource in the City of Rexburg. Mike Ricks -Fast Food chains want to be Located near other fast food locations. Pocatello has seen business failures near the University. Only specialized businesses could succeed at this location. Mike believes that this side of the street should go to a a•esidential zoning. Steve McGary -The congestion at this location is a problem. Any development on this property would require close review for compliance to parkirLg issues and other site plan requirements. Discussion -The flow of traffic on the Idaho State Highway at this location with the proposed flow of traffic on 2na West from the 7th South area will add additional traffic congestion to this location. Stephen Zollinger - 2na West will gain traffic in the future when the South Arterial is completed. 2 • Kurt Hibbert - Reviewed the proposed Eleventh South Arterial for access to the City of Rexburg. Discussion -Phase 1, Phase 2 and Phase 3 of the South Arterial access to Rexburg was reviewed. Phase 3 will add two lanes of traffic to the project. John Watson -Questioned the traffic plans for 1 lih South. Stephen Zollinger -Phase 1 will start in 2004. ___ --- Winston Dyer -The general concenses of the commissioners at this meeting was in support of this proposal to re-zone this property to High Density Residential (HDR). The discussion wrll continue on the 29"' of August to complete the review of this request. ~: io pm Zone Change Request - 235 W. 4th S. - Roekland Apartments HBD to HDR Kurt Hibbert -Reviewed the City of F:exburg's request to have this property zoned to it's current use as High Density Residential (HDR). 'This is an effort to bring the exrstmg land use in to compliance with the correct zoning designation. T hose iii aVvr of this pr vpo$ai: Kurt discussed the reason for the City's request and explained that the City supports this request. Neither for or against this proposal: John North o 99 Douglas Drive - Discussed the option of changing larger areas of the City frarri one zone to another at the same time instE;ad of individual propertres. He suggested looking at a block at a time . for zone change requests. Discussion -The adjacent properties current zoning was reviewed. Those in opposifion to this proposal: None given Winston Dyer -Deferred any additional public testimony to the next meeting on the 29th of August. Jacob Fullmer -Recommended changing the property to a residential zone. Winston Dyer -The general consensus of the commissioners at this meeting is in support of this proposal to re-zone this property to High Density Residential (HDR). The discussion will continue on the 29th of August to complete the review of the request. Brett C. Johnson - 480 S. 3`d W. - A letter was read and is on file with the City from Brett explaining the issues connected to this property. There is an irrigation ditch that has been put in a pipe on this property. Winston Dyer -Reviewed Brett's letter and discussed the need for public input to enhance the decision- making process for the Planning and Zoning Commission. Brett indicated in his letter that he would prefer to have this property zoned Medium Density Residential (MDR). Ted Whyte -Discussed how the proposed use planned to avoid the pipeline. They plan to avoid building any • buildings over the pipeline. Parking areas will cover the pipeline. Rex Erickson -Reviewed the locations of the pipeline in other areas of the City. Some buildings are built over the pipeline. Two existing buildings on this property are built over the pipeline. The water flow in this pipeline-has never flooded in the 35 year history with Ericksons. Discussion on the occasional rain storm that will flood the intersection from water running off of the hill South East of the property. The City has corrected some of the storm run off problems by connecting the pipeline to the storm sewer. Mr. Johnson's properly and one other properly in the area are residential. Rex Erickson -Discussed Brenchly Apartment's need for a zone change to comply with current Land use. Winston Dyer -Public input will continue at the next meeting on August 29, 2002. Winston indicated a general favoritism to support the proposal from the Commission. Ted Whyte -Rejoined the Commission members at the table ~7:1,~ pm Conditional Use Permit for Parking - Cresthaveza Church JRW Associates Kurt Hibbert -Reviewed the proposal on the overhead screen. and then deferred continued discussion to JR Watson. John Watson - 1345 S. 2"a E. - The 181" of July meeting requested a Public Hearing. The Conditions from that meeting was discussed. Some residential lots will be backing up to this Location. .Landscaping, connecting to the storm drain. system and parking w~li be part of this proposal. These conditions are noted in the minutes of the 18`i' of July. The conditions applicable to th site plan were reviewed. John requested action on this proposal be taken on the 29t1' of August. John Watson -Commented on the Commissions ability to articulate and evaluate each issue. He complimented the Commission on thew individual efforts. The Deseret Industries project should be on the ~t'' of September agenda. Winston Dyer - Commented on John's service to the Commission and expressed his gratitude for his service. Winston hopes to fill the void created by John's absence, Those in favor of the proposal: None given Neither for or against the proposal: None given Whose against the proposal: None given Winston Dyer -Deferred additional public testimony until the next meeting on the 291'' of August. Discussion on the two conditions that were applied to the request on the I8t'' of July. The conditions were noted as follows: 1) Connect their drainage system to the City storm drain when it is available 2) Identify on the Site Plan the 75 foot land scope area agreed upon with the original owner Steve McGary -Commented on the need for additional parking for the Cresthaven Church. Winston Dyer -The general consensus of the commissioners at this meeting is in support of this proposal • to grant a Conditional Use Permit subject to complying with the two conditions. The discussion will continue on the 29"' of August to complete the review of the request. Winston indicated that the Commission has had unanimous consensus for approving the agenda items up to this point.. Winston Dyer welcomed Council Member Shawn Larsen to the meeting. New Business: -- __ Site Plan Review -Keystone Plaza -1Go East Valley River Drive (Rick Barton) -Scott Spaulding Kurt Hibbert -Reviewed the site plan on the overhead screen. The City Staff has reviewed the plan . This project was approved with conditions. Winston Dyer -The developer may move forward with the foundation pending approval at their own risk. Requested information on the type of business planned for the building. Continued review of the site plan with emphasis on parking located at a door in the building. Winston requested a review of the adjacent properties, flow of tc~affic in the area and how this plan interacts with other developments in the area. A comment on the need for a shoe horn to make this development fit. Steve McGary -Requested to table this proposal until some questions can be clarified by the Developer. Kurt Hibbert - Reviewed a memo from the Fire Department's Fire Marshal, Chris Huskinson concerning measurements on the property and connecting roads with access to adjacent properties. Ted W ~S~te -Requested that the Ci±~~ Staff revievl the measurements ors the site plan for the size of the building, access and parking. • Winston Dyer - On April 10~, 2002 at a Planning and Zoning meeting the following minutes were recorded: "Site Plan Approval - 160 E, Valley River Dr. -Rick Barton John explained that this is by the new Sonic Burger on 2°d E. They recently approved a subdivision here dividing it in to ~+ lots. 'iris property is the westerly most portion. i"ney are looking at doing a strip mall type building. Water and storm drainage explained. Departments are still reviewing this plan. Kent Hillman, contractor, said that he took this over to Chris Huskinson with the fire department and he had no problems with it. Glenn moved that they accept the site plan contingent on departmental approval. Ted seconded the motion. No discussion. All voted aye. None opposed. Motion carried." Ted Whyte -This site plan is dramatically different from the site plan presented on April 10, 2002. The previous request was for one building. Winston Dyer -Discussion on the previous approval and the surrounding properties Concerns on parking, the fire letter and other issues with this request. This request was deferred to the 29t'` of August Planning and Zoning meeting. Winston asked Kurt Hibbert to note that the Commission has concerns with the relationship of this development with surrounding properties. Preliminary Plat Review -Robert Erikson Commercial Subdivision (i5oo West Airport Road) • Ted Whyte stepped down from the table noting a conflict with this request. Kurt Hibbert -Reviewed the proposal on the overhead screen. Ted Whyte -Representing the Erikson Family Trust -Explained that Lot 1 =Erickson Pontiac; Lot 2 = Pioneer Equipment; lot 3 -Randall Porter; Lot 4, 5 -and 6 containing about 21 acres are currently for sale. After the sale of lot 3, a subdivision plat was required. Discussion of the dimensions of the lots. Boyd Cordon has surveyed the subdivision and has mapped the site: - -- Winston Dyer -Utility Services were discussed and they should be included in the final plat. City Department reviews are pending. Questions for the Applicant: Rex Erickson -Requested information on the sewer line extension. He asked if sidewalk, Curb and Gutter were planned for the development similar to Erickson Pontiac. The sewer line will be extended for Pioneer Equipment. Pioneer Equipment will match the existing sidewalk, curb and gutter from the Erickson property. The applicant will. have to attach to the City water line. The Subdivision lot owners will be required to comply with the Planning and Zoning Ordinances. Mike Ricks -Where will the new sidewalks be located. Winston Dyer -The sidewalks for this subdivision will be located on Private property. Mike Ricks -Commented on sidewalks that are located at the curb in some parts of the City. This will set a precedent for other property owners en the block. • Stephen Zollinger -Clarified the sidewalk issue. If the City owns the right of way, a 7 foot setback from the • curb would be required for the location of the sidewalk Without a City right of way, the owner may locate the sidewalk at the curb. Winston Dyer -Recommended approval of the Pioneer Plat and recommended City Staff review the elevation issues for a sewer iirie extension for t'nis subdivision. Winston Dyer -The general consensus of the commissioners at this meeting is in support of this site plan. The discussion will continue on the 29~' of August to complete the review of the request. Site Plan Review far CUP - (Duplex} -137 N. ,t'' W. -David Hunsaker (Conditional Use Permit revie~Ted May 22, zooz) Kurt Hibbert -Reviewed the proposal on the overhead screen. Winston Dyer -Asked Kurt to add additional information to support the proposal. Discussion on the site plan parking. Winston recommended to angle the parking stalls. The minutes from May 22, 2002 meeting were reviewed as follows: "Request for Conditional Use Permit -137 N 5"' W -Jackie Toll Jackie Toll property was reviewed on an overhead by John. Millar. 6 • They are requesting a Conditional Use Permit to build duplexes in an LDRl zone. • Mr. Williams -They are developing both parcels with $ units per acre in duplexes. Discussion on the need for more specific information on this site. This information will be available in a Public Hearing on the site plan. John - A duplex can be done by right in LDRl . A site plan needs to be put before the Commission for review. The two parcels will be treated as one parcel. Doug made a motion to return the request to the developer to complete a Site Plan that is fully developed with adequate information, {i.e.) parking, ingress,_egress, landscaping, fire protection, including the City Engineering Departments requirements before going to public hearing. Glenn seconded the motion, All voted Aye, None apposed. The motion carried." Discussion -The need to make one deed by merging two deeds together. The original request for this proposal was in the name of Tackie Toll. Winston reviewed with Kurt the original request. David Hunsaker filled out the site plan check plan. Kurt Hibbert -The City Staff is still working with David to clarify site plan deficiencies. Winston Dyer -Suggested that City Staff inform Mr. Hunsaker that the site plan does not meet the requireirxentS or'i "e Site plan CxleCk iiSt. TiuS Site piail Can be brvugiLt f17iJVard to tie next i~iLeetirag if the site plan complies with the check list requirements. Without a corrected site plan, this request will not be forwarded to the next agenda on August 29, 2002. Discussion on tine location of the two duplexes to avoid a neighbors back yard. Two building containing eight units can be located on this property. The property is just under an acre in size. Stephen Zollinger - Up to 8 units per acre would be allowed on this site. • Discussion on the size of the building and the setbacks that are required by Ordinance. The Maximum height is 30 feet for a building im LDRl zoning. Conditional Use Permit - big l-Angela Drive -Richard Brown Kurt Hibbert -Reviewed the proposal with the Commissioners. They plan to continue to rent an apartment in the home. The upstavrs will be rented to a single mother and two boys and the downstairs will be rented to a married couple. Richard Brown - 115 Crestview Dr -Owner of 615 Angela Drive - He plans to sell the property as a house with an apartment after one year. There is adequate parking on both sides of the home. They are trying to come into compliance with new life safety codes. Questions of the applicant: None Staff Review -John Berry reviewed thE; location and found that the lot size in not large enough. However the home has been a duplex for about 20 years. Winston Dyer - He is familiar with this site and feels that this is an effort to come into compliance. Our work meeting will have discussion on converting existing homes into apartments. Because this is an existing use for this property and the neighbors are supportive of the proposal. Mike. Ricks - He is concerned with the lot size not meeting the code. • ' Kurt Hibbert - A minimum of 10, 000 square feet is required under the new Zoning Ordinance. • Winston Dyer -They have a basement apartment without a Conditional Use Permit. This is an effort to come into compliance with the City Ordinance. Stephen Zollinger -Recommends grandfathering this location because it was legally created and should not require a Conditional Use Permit. Winston Dyer -Prefers to continue the Conditional Use Permit process. Stephen Zollinger -(Dave the opinion to have the property meet the life safety issues and be grandfathered under previous use. A number of apartments are being reviewed for compliance with Life safety issues. A business license is required if the entire property becomes a rental. Legal Council recommended leaving this property as a rental property by previous use. Therefore, a Conditional Use Permit would not be required. Winston Dyer - He asked the Browns if they were willing to accept the grandfathered status and seek a Business license to operate a rental property. Mr. Brown agreed with that condition to seek a business license. This should be on the next meeting agenda on the 29t'' of August to answer the question of the original application for a Conditional Use Permit and indicate how the request was regnlverMl. Owner Occupied verses exclusive rentals was reviewed. %,ondarionai Use rermit - 41,5 ~. 2iY" S. -Terry Silva Kurt Nsbbert -Reviewed the application and indicated that it is sii'nilar to the Brown's request. A letter from the previous City Clerk indicates a grandfathered status. The life safety review has brought the Conditional Use Permit request to the table. • Stephen Zollinger -The trigger for a Conditional Use Permit should be the date of the Zoning Ordinance implementation. Winston Dyer -Requested Kurt Hib'oert to ask the Siivas if they were willing to accept the grandfathered status and seek a Business license if needed to operate a rental property. This should be an the next meeting agenda on the 29u' of August to answer the question of the original application for a Conditional Use Permit and indicate how the request was resolved. Qld Business: Kurt Hibbert - Reviewed the locations on the overhead screen that are requested to be annexed in to the City of Rexburg. A map of the proposed annexed areas will be provided to the Commission for review. Winston Dyer -Requested that any future annexation proposal include tracks based on section descriptions. An example would be - a 1/4 section or the West half of a 1/4 section. The Highway 20 boundary would be a natural boundary for an annexation request. This would be more efficient that a piece here and a piece there to annex. Kurt Hibbert - Reviewed a neighborhood meeting that was held for the proposed development of the proposed Madison Coop Development. He mentioned that some private sewer systems. are failing and the new systems will be controlled. U • Winston Dyer -Explained that good plamling will allow continuity for planning the use of City Services. Transportation corndors and City back bone public work systems can be planned more efficiently if all the potential properties are included in the planning process. Mike Ricks -Only annexed property can obtain City Services. Stephen Zollinger -Discussed rational uses -Significant public discussion will be required to annex the Widison Addition. Discussion on different neighborhoods and their willingness to be annexed. The City.has_a-number of_conditions thatwould_trigger the.annexation-process. A-majority-of-pr-operry- owners would be needed to bring additional properties into this request for annexation. Forced annexation can be used if there is less than a 150 properties involved. Discussion on future property annexations and the islands that could be created without bringing geographic units into the City at the same time. Ted Whyte -Suggested reviewing properties down to the South Rexburg exit. The location of the future sewer lift stations was reviewed. Discussion on the location of the water and sewer lines that are crossing Highway 20 to serve properties on the West side of Highway 20. Dowanna Cox - Came to the meeting to see how the Public Hearing process was conducted. She arrived after the Public Hearing discussions were concluded. She wanted to meet the members of the Planning and Zoning Commission. Stephen Zollinger -Indicated that City Staff does not have any restrictions on Dowanna's ability to build a triplex at 355 lh West 2nd South at the present time because it is allowed under the current Zoning Ordinance. If she still wants the Conditional Use to go forward, she will need to work out the • conditions for the Conditional Use Permit and the access issues with Mr. Wilson. As far as the City Staff is concerned, she is free. to move forward on whatever she has proposed to do at this point that is allowed in the Zoning Code. The Staff does not have a problem with the proposed tripex. Dowanna Cox -She came to see how the Planning and Zoning Commission meetings were run so when her request comes before il-ie commission on September 5~', she will understand the process. Winston Dyer - Explained that normalcy 10 Commissioners are present to conduct business. The meeting may last until midnight. Tonight some personal issues took some members away from the meeting. Winston introduced the members to Dowanna. Discussion on the house to apartments process. August 29"' the Commission will review the conversion of private homes into apartments. Winston Dyer -Wants to poll the Commission on the feelings of the Commission where private development money has been pulled due to the announcement of the University to build married housing. Winston is aware of about $5,000,000 that has been pulled from the table since the Universities' announcement. The multifamily housing develops have been stifled which will add fuel to the requests to convert homes into apartments. In doing so it will change the make up of the neighborhoods. Owner occupied units would maintain some semblance of a family neighborhoods. Discussion on green space for these new developments. Mike Ricks - Requested a 30 foot driveway for private drives to be added to the Zoning Ordinance. Meeting adjourned • '