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HomeMy WebLinkAboutP&Z MINUTES AUGUST 29, 2002I~EXBURG PLANNING & ZONING August 29, 2002 7000 p.m. Chairman: Winston-Dyer Members: Robert Schwartz Ted Whyte DaVawn Beattie Mike Ricks Steve McGary Doug Smith Jerry Hastings Mary Haley P.r.C',. Jol'in iVTiiliar P & Z Administrator Kurt Hibbert City Clerk Blair D. Kay City Attorney Stephen Zollinger DaVawn Beattie made a motion. to approve the minutes from August 1, 2002. Jerry Hastings seconded the motion, all voted aye, none opposed. The motion carriedo Ted Whyte made a motion to approve the minutes from the 15th of August, 2002. Mike Ricks seconded the motion; Those not present on the 15th of August abstained. All present at the last meeting voted aye, four who were not at the meeting abstained. Voting for Approval .Abstainingfrom the vote Ted Whyte Mary Haley Mike Ricks Jerry Hastings Steve McGary DaVawn Beattie Robert Schwartz The. motion carried. Mary Haley -Discussed the setbacks for sidewalks from the City right of way. She asked when the sidewalk Ordinance was adopted. June of 1996. Ted Whyte -Discussed exclusions from the ordinance. The right of way governs the effect of the Ordinance. New homes since 1996 would require a sidewalk. Discussion on some residents who would prefer to have a sidewalk located at the curb. • • Public Hearings from August 15th, 2002 were resumed: Ted Whyte removed himself from the table Public Testimony was opened on the following hearing Zone Change Request - 221 W. 4t~ S. -Wade Webster from HBD to HDR Public Testimony: None given The Public Testimony was closed Winston Dyer -Reviewed the previous discussion on the proposal from August 15, 2002. There are two properties in this proposal. Discussion on the location of the lots and the previous use of these lots. Also the current zoning and use ofthe surrounding properties. Jerry Hastings -Discussed the problems with the intersection and the traffic flow. John Millar -Reviewed the need for a traffic light at this location. Winston Dyer -Reviewed the plan to bring additional traffic to this location through the proposed Rexburg South Interchange coming from 11~' South to 7ti' South to 2°d West. DaVawn Beattie made a motion to approve the request for a zone change to HDR and send the request to City Council for a Public Hearing. Mary Haley seconded the motion, all voted aye, none opposed, Ted Whyte abstained from the vote. The motion carried. Ted Whyte rejoined Commission members at the table. Zone Change Request - 235 W. ~cn S. -Rockland Apartments -HBD to HDR Additional Public Testimony was requested -None given The Public Testimony was closed Winston reviewed the proposal and discussed the merits of changing the zoning to allow the property to be In conformity with it's current use. Steve McGary joined the meeting John Millar -The Rockland apartments were built before the zoning laws were enacted. Winston Dyer -Read the letter from Mr. Johnson which states his concern for rezoning this property to HDR (High Density Residential). He mentioned the Rexburg City Ditch System and the need for green space for new developments. Discussion from the Commissioners on the letter from Mr. Johnson. • ~ Robert Schwartz made a motion to approve the request for a zone change to bring the zoning of the property • into conforming use, DaVawn Beattie seconded the motion, all voted aye, none opposed. Steve McGary abstained. The motion carried. Conditional Use Permit for Parking - Cresthaven Church - JRW Associates Winston Dyer -Reviewed the request and the discussion from the past meeting. Page four of the minutes from August 15`h was reviewed. Mary Haley made a motion to approve the Conditional Use Permit subject to the fallowing conditions specifiedin the July 18~' meeting 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 scape area agreed upon with the original owner Ted Whyte seconded the motion, all voted aye, none opposed. The motion carried. Citg Plan Ra~iiew _Ka~gtnnn Playa _ 'IFn ~ag4 i/allea~i Riyer Ilri~_e _ ;Rick Rarl~nn~ Scott Spaulding Winston Dyer -Reviewed the request from the minutes on August 15"', 2002. The site plan was changed from the original review from the Commission. The new site plan was reviewed. The site plan was reviewed on the overhead screen. Sonic Burger is to the East of this property. DaVawn Beattie -Reviewed the site on the overhead screen. Parking requirements were reviewed. Four • parking stalls per 1000 square feet are required. A mini mall is planned for this location. Natures Nook and The Bread Basket will be located at this site. Only two units will be built this year. Afire lane was added to allow access to the back of the building since the first review was done. Discussion on the Fire Department access to the rear of the building on the South side. Up to 150 feet of one way access without through traffic is allowed by the Fire Code. Beyond a 150 feet, a turning area or through access is required for Fire Department access. The property to the West is not developed at this time. Jerry Hastings -Requested information on the master plan for this site and the adjoining properties. There is no information available on a master plan. Adjoining owners plan to use the access provided by this development. Winston Dyer -Reviewed the problems inherent to piece meal approvals without complete planning of an area. A site plan should be reviewed in conjunction with adjoining properties. Jerry Hastings -Discussed the use of private drives to avoid compliance to City Street Ordinances. • Stephen Zollinger -Reviewed the compliance of the request to the legal use of the property. It is not uncommon for zoning in the Country to share joint use private drives. Site Planning was discussed and the need for safety compliance reviews. The Commissioners need to look at set back and parking requirements for this request based on it's own merits without regard to adjoining properties. City planning looks at safety issues and interaction with other properties. This property does not have any interaction with adjoining properties. The City does not micro manage property development. Win-stop-Dyer- The Commisioners have some serious concerns about public safety on-this proposal. Stephen Zollinger -The City Fire Department reviews site plans for compliance to the Fire Code. The safety issues are reviewed by the Fire Department for compliance. Jerry Hastings -This particular site plan is extremely congested. Jerry does not agree that this site plan is good for the health of the City. This site plan is too congested. He continued to review the site plan and the congestion. Jerry agreed with Stephen that the Commission could not stop the development of this site plan; however Jerry feels this will develop into a tight and congested little development. This development does not meet the overall look and aesthetics of a business district that the Planning and 7nr12ng ('nmm;~~ynnerc ~x~ant in 41Ze ~ity of T2 eYhL;rg Stephen Zollinger - He is present to advise the Commissioners. The developers are here to have setbacks and parking reviewed. The developer can control his property within the bounds of the safety issues and Ordinance requirements. Development parameters are controlled by Ordinance. Wlllston Dyer -Discussion on how the Commissioners determine if a site plan meets the Ordinance Requirements and access safety issues. Stephen Zollinger - It is the roll of the Commissioners to advise the City Council on issues. The Planning and 'Coning Commission may advise the Council that they do not want to see a land locked piece of property used for commercial purposes with a 30 foot easement. Discussion with the developer on paving the parking area and lighting for the development. There will be lighting on the building. There is street lighting from adjacent developments. Ted Whyte -Discussed the site plan and its impact on future site plans. Stephen Zollinger -Discussed legally mandated easements. The Sonic Berger easement was created for this property. Businesses have the right to develop their property as they legally choose. Reasonable design standards were discussed. Access and circulation oftraffic in this developmentwas discussed. The Commission can advise the Council on the size of easements for developments. Steve NlcGary -Reviewed the plans to provide curb and gutter on this phase of the project. They need 18 parking stalls. Street lights and building lights were discussed. f DaVawn Beattie made a motion to accept the site plan subject to Commission concerns of a land locked project and have the developer address the access to the East and to the South. Steve McGary seconded the motion, Discussion: Ted Whyte wants adjacent parcels on the East and on the South to provide site plans that are congruent with this one, allowing a thoroughfare between parcels. Winston Dyer indicated that it would not be functionally possible. Ted Whyte would like the Commissioner's concerns for this development be know to the City Council and the public. Mary Haley indicated the possibility of more storage units being developed on the adjoining properties. Mary would like to see land scaping around the building: 't'he development does have landscaping on the site plan that is compliant with City Ordinance, The site plan does include 10% plus landscaping for the development. DaVawn Beattie amended his motion to include the concerns of the Commissioners and to request future site plans adjacent to this development work towards congruent access. Steve McGary seconded the amended motion. Winston Dyer recommended a work meeting to address the Commissioners concerns for land locked developments. Tl1e vote was taken Those in favor of the Site Plan Ted Whyte DaVawn Beattie Mike Ricks Steve McGary Jerry Hastings Mary Haley The motion carried. Those against the Site Plan Robert Scl~..~artz Winston Dyer Ted Whyte stepped down from the table noting a conflict with the next request. Preliminary Plat Re~ieFV - l~o~er~ Irriksort ~orr~rrrrer~ial 5;..~bdivisio:~ (1500 Vilest Airport Road Winston Dyer -Reviewed the Robert Erikson Subdivision property on the overhead screen. Ted Whyte -Representing the developer -Discussed the property size of this development. Winston Dyer -Reviewed the minutes on the Pioneer Equipment site plan. Pioneer Equipment will match the sidewalk plan coming from the Erickson Pontiac property to the South. City staff is agreeable with the preliminary plat review for the Erikson Commercial Subdivision. Winston Dyer -Reviewed the Plat on the overhead screen. All properties will access from the Airport road. Ted Whyte -Reviewed the future plans of the development. Some of the lots may be subdivided. After three lots are developed, the sale of the 4~~ lot would trigger the need for plat approval. Discussion on filing an amended plat to further subdivide these lots. L` Wiinston Dyer -You can have 3 parcels without a plat. Ted Whyte -Future developers may change this plat for their needs. Jerry Hastings made a motion to accept the preliminary plat review with conditions as follows: 1) The final plat include a master plan for utility easements and street right-of--way Mike Ricks seconded the motion, Discussion: John Millar -Final plat will need to show road widths on the East side of the property. The final plat approval can be subject to having a utility master plan. Jerry Hastings amended his motion to request utility easements on the preliminary plat before entertaining a final plat review. Mike Ricks seconded the amended motion. Discussion: Ted Whyte indicated that the utilities are on the East side of the Airport Road. A vote was taken. All voted aye, none opposed, Ted Whyte abstained. The motion carried. ' Ted Whyte -Rejoined the Commissioners at the table. Site Plan Review for CUP - (Duplex) - 137 N. 5t"V-I. -David Hunsaker (Conditional Use Permit reviewed May 22, 2002) Winston Dyer -Reviewed the concerns from the Commission on the lack of information on the last meeting. David Hunsaker - Provided a more complete site plan to the Commissioners for review. He is planning to purchase the site. Kurt Hibbert -Reviewed the site on the overhead screen. Mary Haley -Reviewed the past requests for higher density zoning in the area. Winston Dyer -Reviewed the minutes from May 22, 2002 meeting requesting a site plan. This request is for the northerly deed. David Hunsaker - He is planning to have two duplexes. He has enough square footage on each lot for a duplex without using land from the other lot. Kurt Hibbert -The site plan was reviewed for traffic access to the North. David Hunsaker -Dennis Huffman owns the adjacent property to the North. The plan is to share access with the adjacent owner. The duplex is a one story structure. The buffer zone in the rear is 20 feet. He does not have parking in the buffer zone. Winston Dyer -Reviewed the 22 foot driveway accessing the property. ~~ ~ 6 Kurt Hibbert -Discussed concerns with the easements and Fire Department access. It will exceed the 150 foot limit if adj oining property access is not obtained. The site plan check list was discussed with ongoing review with this new site plan. If the access is not allowed with the adj oining property, a hammerhead turnaround would be required by the Fire Department. Drainage for the site has not been reviewed. The site plan check list needs continued review. Winston Dyer -Reviewed the site plan for a future planned development. ---- Discussion on the Legal easement needed for the back part of the lot. A `flagged' lot is completely land locked. Kurt Hibbert -Discussed the term `flagged' lot or a land locked lot. Stephen Zollinger - A legally recorded easement is required fora `flagged' lot. Mike Ricks -Restated the need fora 30 foot access. 3erry Hastings -review the tapes for correct wording on hi s concerns with the lack of information on the site plan. Without a completed check list, the Commission can not approve the request. Winston Dyer -Reviewed the question before the Commission tonight. The question is: `Will the Commission request that this proposal be sent to a Public Hearing?'. Mr. Daniels -asked about the kind of building that isplanned -Discussion on the future plans for the lot. He would like to see that this development flow into the existing neighborhood. Winston Dyer -Discussion on the allowable use and conditions that can be applied to a site plan. The completed site plan is needed to be able to apply conditions. The developer can develop property to the conditions allowed by the applicable zone. Ted Whyte -Reviewed the process for a public hearing on a Conditional Use Permit. A $200.00 fee is required for the Public Hearing. Mr. Daniels -Expressed the concerns of residents with the new developments. Zoning controls the use of the properties. Winston Dyer -Reviewed the Commissioners preference for duplexes in this area. Discussion on the Commissioners concerns with new developments that can change neighborhoods. Steve McGary made a motion to move this request forward to a Public Hearing subject to the following concerns: 1) Site plan check list be completed 2) Recording of legal access to the property to the North Ted Whyte seconded the motion, Discussion: All voted aye, none opposed. The motion carried. The trigger point will be up to the Planning and Zoning Administrator to send the request to a Public Hearing. The Commissioners do not want to see this request until Kurt Hibbert approves it for a hearing. Dr. Daniels -Requested notice of this property going to a Public Hearing Winston Dyer -Suggested that the Commission review the minutes from the meeting on August 15, 2002 to review the discussion on the following two properties. They are protected by prior use of the Properties. Conditional Use Permit - 615 Angela ®rive -Richard Brown Conditional Use Permit - 431.5 B. 2""~ S. -Terry Silva Kurt Hibbert -Although they are grandfathered by prior use before the Zoning Ordinance was adopted, there are health and safety issues that need to be addressed. They can't be grandfathered on health and safety issues. Winston Dyer -Does City Staff need a motion to clarify grandfathering? Kurt Hibbert - Reviewed a `Certificate of Acknowledgement' document that the City will provide apartment owners when they have brought their properties into compliance with health and safety requirements. Winston Dyer -Was in agreement with the process of providing the Commission paperwork showing that the City has approved the site for grandfathering of a previous use. Steve McGary-Asked ifthe Silvas are willingto accept the grandfathered status. Kurt said theywere willing to accept the grandfathered status. Kurt Hibbert -Parking requirements can be considered a safety issue. Winston Dyer -This is an application for a conditional use permit. Robert Schwartz made a motion to acknowledge the grandfathering status of Conditional Use Permit as applied for is valid, and further stipulate that a condition of the Conditional Use Permits will be the issuance of a `Certificate of Acknowledgement' by the City indicating the properties' compliance to the health and safety requirements. Jerry Hastings seconded the motion., all vote aye, none opposed. The motion carried. Shawna Strobel request for a Variance to the 70% green space in the front yard Shawna Strobel -Reviewed her request to have a circular driveway that uses more than 3 0% of her front yard for a driveway. Kurt Hibbert -Reviewed the letter in the file and the request to have a variance from the 30% green. space required by Ordinance. The location is East of Millhollow road. Discussion on the 30% limit for hard surface in the front yard. • Winston Dyer -Reviewed the site on the Hidden Valley Flat phase #5. Discussion - A variance to the 30% requirement would set precedence. Winston Dyer -Reviewed the variance process. The Ordinance discusses conditions that need to be met for a variance to be approved. Steve McGary -This request does not meet the conditions of the Ordinance on page 51. (Insert 1-4) A. Required Findings. To approve a variance, the Commission must find, in writing, that the application for a variance fulfills all of the following conditions: (1) 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; (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. Mary Haley -Read the conditions on page 51 and discussed the # 1 condition. Winston Dyer- This is a smaller lot in the development Discussion on the lot and its ability to meet these conditions. Robert Schwartz -This lot is limited on what driveway can be used Winston Dyer - A larger Iot would allow this type of driveway. Winston asked the Commissioners if the variance requirement for condition # 1 was met. Steve McGary -The lot does not have a problem with condition # 1. The site plan is too big for the lot. DaVawn Beattie -Can the home be moved farther back on the lot. The hill behind the home does not allow room to move the house farther back on the lot. Discussion on other properties in the area. Winston Dyer -Reviewed Condition #2. Shawna Strobel - a larger lot would not allow a circular driveway. Jerry Hastings -There is not any way to satisfy all four of these variance requirements. DaVawn Beattie -This is a beautiful plan, however it will not fit on this lot without violating the 30% driveway limitation. Ted Whyte -Indicated that the reason for the 30% limitation on front yard driveways was to prevent ~~ ~ properties from making the front yards a parking lot. Jerry Hastings -The lot was established before the Iot was purchased. By purchasing the lot and then trying to limit the green space with a circular driveway does not conform to the variance conditions. This request fails on at least 3 of the 4 variance conditions. Discussion on the problems inherent in allowing a variance. Mary Haley made a motion to deny the variance request because it fails to meet the three of the four conditions for a variance, Mike Ricks seconded the motion, all voted aye, none opposed. The motion carried. Doug Smith joined the meeting Winston Dyer -Reviewed the notes from the prior meeting on the zoning issues to discuss. Planning and Zoning Iss~~~ to 12Pvieyv or ~hangP Kurt Hibbert - Discussed a list of items that need to be reviewed for possible change in the Planning and Zoning Ordinances. The list will be on file at the Planning and Zoning Administrator's office at City Hall. The updated maps showing the proposed annexation parcels were reviewed on the overhead screen. ;' • Mary Haley -Request Kurt to prioritise the list. What is the number one priority? The number one priority would be updating the Comprehensive Plan. Kurt Hibbert -Kurt would like the Commission to recommend io the City Council an 18 month review or planning process of the Zoning Ordinances and the Comprehensive Plan Map. Kurt recommended hiring a consultant to compile the historical information on the Comprehensive Plan and update it. Winston Dyer -Asked for clarification on the need for a consultant? Kurt Hibbert - A consultant would be unbiased. Winston Dyer -The next 18 months are extremely critical for the development of this community. Homes being converted into triplexes or basement apartments. We need help immediately to clarify these issues that are coming before the Commission. Winston feels that 18 months may be too long to address these issues. Winston discussed setting aside sections of the City for Single-family housing. Kurt Hibbert -Homes are being converted into multi-unit housing. Winston Dyer -Discussed the need to have more control of developments immediately. Jerry Hastings -The Commission does not have control due to the published Zoning Ordinances. 10 Mary Haley -Reviewed the need for enforcement of Ordinances that are on the books. Kurt Hibbert -Discussed grandfathering and the burden of proof that goes along with grandfathering. Non-compliant use is a misdemeanor, Kurt wilfl investigate these sites and write letters as necessary to bring the site into compliance with the Ordinance. Winston Dyer -The group needs to be broken up into smaller groups to address the most important issues. DaVawn Beattie -This Commission is not in the business of policing ordinances. Kurt Hibbert -Will investigate noncompliance of City Ordinances. It is a misdemeanor to violate City Ordinances. Mary Haley -Reviewed the definition of Flag lots. John Millar -Reviewed the progress that the City is making with bringing housing into compliance. Kurt Hibbert -The City is working on the `life safety issues. Jerry Hastings -Noncompliant use is a liability for the City. Kurt Hibbert -The City is inspecting every apartment for life safety issues. The list was discussed and the following items were listed as priorities on a short list. 1) Comprehensive Plan revisited 2) Ordinance enforcement 3) Density 4) Green space 5) Lot size 6) RR2 zoning 7) Aesthetics 8) Single Family conversions 9) Road width minimums of 30 feet on private roads The Commission would like to have discussion on these items and prioritize a list for City Council. All of these items are important to the growth of the City. Green Space DaVawn Beattie -Green Space needs to have some attention. The 30% rule is an example. Front yards are not always cared for by the owner. Mary Haley -The first impression ofthe City is seen from the Highway entrances to Rexburg. She would like to see more trees and green space in the Community. Mary mentioned Eagle Scout projects that are installed and not maintained. • v 11 Doug Smith -The Community needs to make the entrances to the City presentable -Water at those entrances would allow beautification o:Pthe entrances. The Commission recommends that the City provide water at the entrances to the City ofRexburg off Highway 20. Robert Schwartz -Discussed the percentage. of green space for a development. The City of Sugar City al-lows the developer to contribute like green space to a Community project. Ted Whyte -Discussed Recreational districts that other Cities allow to provide green space or recreational space for the pleasure and beautification of the community. DaVawn Beattie -The Community can request minimum standard for green space. Steve McGary -Minimum standards for developments can help with the athletics of the development. Jerry Hastings -Discussed long range needs for the developments. DaVawn Beattie -Recommended entryway development of subdivisions and maintenance of the entries by fees from the neighborhood or City maintenance. Doug Smith -Recommended home owner associations be required to maintain these entryways. t~ • Ted Whyte - A City sponsored Pride day for City beautification was requested. Winston Dyer -Reviewed minimum standards Mary Haley -Students need a place to have recreation. They have to use City parks to have any place for recreation. Mary suggested a 5% minimum green space standard. Jerry Hastings -Agreed with Doug on the entryways to Rexburg needing to be watered and maintained. Mary Haley -The developer should provide recreational space for the development. Winston Dyer -The City Council can address the issues from the Cities' prospective. The Commission should provide solutions to the City Council to act upon. Jerry Hastings -Expressed the need to be more specific with the green space and tie it to a value. Shawn Larsen -Impact fees are in the discussion phase with the City of Rexburg. There was discussion on Impact Fees for the City of Rexburg. k 1 2 The Commission recommends that the City Council implement a 5% open green space policy for any ~ Multi-Family Residential Subdivision over and above the existing green space requirement for buildings. Examples: `TOT' lots, walking paths, bike paths and green areas with trees. Stephen Zollinger -Salt Lake uses head count for tot lots, Acreage would use be used to have the developer contribute a percentage of the development cost towards on site recreational development. Stephen. Zollinger - A Supreme Court Case -Hand sown. wild flowers were considered to be green space Winston Dyer -Summarized the discussion on Green space recommendations. The discussion moved to density. Zoning should have more choices within a zone. Stephen Zollinger -Zoning is controlling the density. Make additional zoning levels to avoid subjective decisions. MRD 1, MDR2, etc. would benon-subjective based on the number of units allowed in each zone. Some Cities have up to 12 different intermediate zones within a zone. Jerry Hastings -The Commission tries to respond to the needs of the developer within the zoning ordinance. Jerry reviewed the effect different zoning has on the possibilities for a development. Ted Whyte -Discussed uses `by right' in MDR zoning. The current zoning does not allow any flexibility for Medium Density development. It would be better to allow larger and different sized buildings in MDR zoning. Stephen Zollinger -The gap between MDR and HDR has caused problems. wilding size allowed in MDR was an issue. John Millar - In the Weststate Plat 12-plexes are being used in HDR zoning. Winston Dyer -Requested the Commission to provide input on the MDR increment zone between MDR and HDR. The Commission recommends creating an MD122 zone. The proposed density fir MDR2, is 24 units. The Commission recommends deleting I4DR2. The Commission would like to control density with a time limit. Stephen Zollinger -Site Plan approval is only valid for 12 months. Discussion on the approval process for zone change requests. Stephen Zollinger -Zoning is a policy making decision. Kurt Hibbert -Discussed the Conditional Use Permit process for incremental zones. 13 A Stephen Zollinger -Special Use is a variance. MDR is 16 Units per acre, the Commission could recommend Conditional Use Permits for MDR2 to 24 units. Jerry Hastings -This does not control the number of units but can apply conditions. Discussion on the Conditional Use Permit to control the time frame of a development request. Stephen Zollinger -Conditional Use can allow uses with Conditions tied to a rational and reasonable purpose. The Commission cannot dictate how owners use their property. NIDRZ is a better solutionas opposed- to doing nothing. Zoning units need to be in sequence. The City could have LDR connect to LDRl to MDR to MDRl to MDR2 to HDR to HDR2. The Conditional Use Permit could be used for interim steps between zones. Reasonable and rational conditions can be placed on the Permits. The Sunset clause can be set as a condition if it is site specific. The Commissioners discussed parking and bedroom requirements for the proposed zones. The following zones were recommended. LDR -Single Family LDR1 -Single Family with Conditional Use MDR - 16 units per acre MDR2 - 17 units to 20 units per acre with Conditional Use up to 24 units per acre 1=IDR - 25 units to 3 0 units per acre with Conditional Use up to 42 units per acre HDR2 - 42 units per acre i• Adjourned 11:58 pm Kurt Hibbert -After reviewing the minutes and discussing the requested zoning changes with City Staff, the following zoning options are possible for the Amended Planning and Zoning Ordinance. 1) LDR - Single Family housing 2) LDRl -Single Family housing; Conditional Use Permit for a Duplex or Apartment. 3) LDR2 - 8 units per acre; Conditional Use Permit for 9 units to 12 units. 4) MDR - 12 units to 16 units per acre; Conditional Use Permit for 17 units to 20 units. 5) MDR1 - 17 units to 20 units per acre; Conditional. Use Permit for 21 units to 24 units. 6) MDR2 - 21 units to 24 units per acre; Conditional Use Permit for 25 units to 28 units. 7) HDR - 25 units to 28 units per acre; Conditional Use Permit for 29 units to 32 units. 8) )=IDR1 - 29 units to 32 units per acre; Conditional Use Permit for 37 units to 41 units. 9) HDR2 - 42 units per acre 14