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HomeMy WebLinkAboutP&Z MINUTES SEPTEMBER 25, 2002~~~is.is ~1i ~ ~~~J1~i~~~ ~: YLAl~Il'~I~1~~ ~ GU~~1'~1Ci Septea~aber 25, 2002 7830 p.~. Present were the following: Mayor: Council Members P&Z Administrator; City Clerk: Finance Officer: PFC: City Attorney: PLANNLti~G A'\TD ZONING C©1VfM~SSIfl~I Mayor Bruce Sutherland Glen Pond Shawn Larsen Marsha Bjornn Paul Pugmire Donna'Benfield Nyle Fullmer Kurt Hibbert Blair D. Kay Richard Horner .John Millar Stephen Zollinger ~}h<iliiuu'ii: wV~llls ton Dyer Members: Robert Schwartz Ted Whyte DaVawn Beattie Mike Ricks -Excused Steve McGary Doug Smith -Excused Jerry Hastings Mary Haley Jordan Dyer -Excused P)edgP Mayor Sutherland welcomed everyone to the work meeting Work meeting Agenda Items Police Department Computer Funding Request -Shane Turman Shane Turman -Reviewed the history and needs of the Police Department for electronic record keeping. He reviewed the cost at $90,000 for new software. BYU-Idaho will contribute $30,000 of that amount. $10,000 of the $90,000 will be directed to police computers. Another $10,000 • • C7 will }~a rdirerteCl t0 data C.,nVerslOn Tl,' ~ 'tl 71 +1.,, r~,...,.._+...~_+.. + t_ TT-=----•-=~- leis °ivl~vv'ar~ `v`v'ui auow Lile LeYttl ullell LJ aL file V111VGi J1Ly and the City to have access to the same system. Mayor Sutherland -Reviewed the age; of the existing system. It is over seven years old. Richard Horner -The contingency budget is about $100,000 for 2002. The 2003 contingency budget will be 1 110;000. This 1=e~uest vs7i11 come bat of the 2002 Budget. Discussion on seeking grant money. 'T'here are limited grants available for software. The driving force to purchase the system at this tune is the joint participation of the City and BYU- Idaho. Paul Pugmire -Questioned the timing of the reques=.. Shane Turman -Reviewed the reasons for the request at this time. Joint participation with BYU-I has inspired this request. 1a; ~, a ,-,;,,,.,, a +~.,. ,..__~ ~ ~ ~ , a~iCuard livr uer - 1~1~cuSScu ulc L~lu~ to lil Capital ou.uget plan. Domla Benfield -Commented on the opportunity to participate with BYU-I. Nyle Fullmer made a motion to purchase the new software system, Donna Benfield seconded the motion, all voted aye, none opposed. The motion carried. • Grandfathering Policy -Kart I~ibbert Kurt Nibbert disClreserl the rtirrent rlafinitinn of ora~~u3fa±ll:ril:" I?e ~ndlCated tl' ++L, n +., r~„7~ t,,..,. - b` •-~ 27• ia~ ~iie ,.iLy .,vu~ iu place at the time the housing unit was established would determine the grandfathering status. The following conditions were; discussed. 1) Health and Safety issues are not grandfathered 2) The burden of proof for grandfathering is the responsibility of the property owner 3) Grandfathering goes with the property not the current owner 4) Change in use will end the grandfathered status 5) Rezoning will end the grandfathered status v) Grandfathering StaiL7S is Case SpeCiilC due `LO OtTler 1SSUeS hke parking, etC. 7) Use refers to capital. structures Discussion. on the time limits applicable to maintain a grandfathered status. when zoning is charged in an area where Iivestock was allowed, that parcel will be grandfathered for five years to continue that use. If that use is abandoned for over 12 months, the parcel will Loose its grandfathering status. Stephen Zoilinger -Definition of a P~amily A recommended Family definition was passed out in the meeting. The new family definition is proposed to be aiiieiided into file Cufient PT~iuiliug and Zoiliilg vrdlndnce. Ile deflmtlon 1S aS IO110WS: s c:a S7Yolin of nne nr mnre nPr~C::3 ^~CII^<"" •.;` °LI' '+ ,] I' ~ ~y~ _ r_n • a- y- Y ~.~.._.~ a .. .. pug uui~ auu ii Jiub a~ a 3illbl G, a1VUpI-olli housekeeping unit, provided that at least one of the following situations exists: A) At Least one of the group is related to all of the other members of the group within the third degree of kinshipp Bl The group is divisible into two s~.:bgrdups, each composed of at least one person who is related to all other members of the subgroup within the third degree of kinship; or C) All such persons are handicapped persons as defined by the Idaho Code Section 6',-631 or in Title VII of the Civit Nigh±s Ac± of 1958, as amended by the I+air Housing Act Amendments of 19889 or any subseeluent amendments to the foregoing regulations.79 Family definitions were discussed. This new definition moves toward a traditional. family definition while aiiow'Li.~ lilt a iiordiraditioriai laiitilg', C'1.tGgorv a~"3 provides for `tile S1tLIaL3on where an un-nlarrled couple lives together. An unmarried couple with children tom each parent would constitute a family. This would be applicable to family housing. Four people paying, rent individually to the landlord is not allowed in family housing under the cun-ent Zoning Ordinance. The new definition would make it easier to administer this situation. Ted Whyte -Questioned if the new definition would stand a Constitutional test. Stephen indicated that this definition complies with previous Court rulings on family housing. Stephen yZollinger -Recommended that the City Council approve the new family definition whicri more C~OSeIy rPfl?~tg tl1e. CO?T:m'1lllt j' siandar s. The City Council indicated approval of tl:e concept to chznge the f milt' de:ir~ition in tl.e Zoning Ordinance. Comprehensive Zoning Pian for Rexburg -Kurt Ilibbert -Deferred Mixed use of properties with vertical integration -Winston Dyer -Deferred u.r~i. alb v`r'eriay - a.. vi GJ' La.l 11 ni U - LG1Gf-d GU )Cnforcement of Zoning Conditions -Winston Dyer Winston Dyer -Presented two concerns that the Planning and Zoning Con>~ission are dealing with at this time: ]) F.nfnr~ernPnt ~{`~r~ninQ ~'OdeS on iivii-cviu '~' b .. orn~~i:.g use propel ~~es 2) Requests to transition homes in residential neighborhoods from single family homes to multiple units with or without a Conditional Use permit. 3 KUI~Y Hi_bhert -Nanrlerl rnif a lat4er fr:,m a C1t.Zen of Rexb R 7 +:,._,,, r+t .. urg C+onv°viuirib vlotaLlVllJ of Luc Zoning Ordinance in Rexburg. Kurt prepared a Certification Certificate for apartments that would be on file. Discussion on providing apartments a Certification Certificate that would indicate the type of housing allowed. The Certificate of .Approval would be presented to each apartment complex that was in compliance with City Codes and Regulafiors. This Certificate would indicate the type of housing allowed in the apartment complex. The Certification could be joined to the Business License. The Certification would be helpful to the Building Inspectors. Mayor Sutherland -Recommended having the Certificate on file at the University for approved housing. Winston Dyer -Discussed non conforming use properties Mayor Sutherland - Recommended a Certification Certificate for apartments be combined with the Business license. Stephen Zollinger -Discussed the Certification Certificate Form and the wording that would be appropriate for the form. Winston Dyer -Requested that the City Council_ move forward with enforcement of the Zoning Ordinances. Shawn Larsen - Presented a proposed press release on the Zoning Enforcement issue. Nyle Fullmer -Reviewed the City Co„ncil's desire to enforce the Zoning Ordinances. Jerry Hastings -Reviewed non compliance to Zoning Ordinances in the City. Mayor Sutherland indicated that compliance to Zoning Ordinances can not be guaranteed with an Occupancy Permit. Kurt Hibbert - Some modifications will be done to the Certification Certificate to comply with the recommendations presented at this meeting. Winston Dyer -Green Space Winston Dyer discussed the Iist of items that the Planning and Toning Commission recommended to change in the Zoning Ordinance. Beatification of City Entrances on the south and center entrances was reviewed. Mayor Sutherland was concerned with previous landscaping projects t hat do riot corrtply with the expectations of the Ordinance. Discussion of Subdivision green space requirements. Some developments are not providing enough green Space t^ a1lOVv'renterSa piaCe to lay dowri a viartiCet On the lawn. Some C1t1eS regUlre developers to provide space for bike paths or green space areas that maybe connected to a City wide system. There is a need to maintain existing green space in the City. • 4 • i~'inston Dyer - Rural Residential Zones Winston Dyer -Reviewed existing rural subdivisions in the County. The City is in need of a Rural Residential .Zone for Subdivisions. The Commission is recommending an RR2 Zone for the City of Rexburg, Ted Whyte -Discussed having a Rural Subdivision Zone inside the City Limits without curb and gutter. This would provide for drainage without curb and gutter at less cost. The road right of way widths were reviewed. Sidewalks rraay not be included in the subdivisions. The lot size could vary from 1/4 to l/3 acre. Snow storage would be available in the borrow pit. Mail boxes would be located in a common area. The borrow pit depth would be 14 inches minimum. The lot size would be i/4 to i/2 acre in size. This Zoning would be classified as RR2. Mayor Sutherland -Discussed existing County subdivisions that would be RR1 zoning inside of the City. Sohn Millar - Coii~r~iented on Rural Residential Subdivisions becoming RRi when they are annexed. The annexation agreement would determine t~~h44e requirements for sidewallcs, curb, and gutter. D1C(',i1CC1 ~Yl ()Yl YP g117Y1Y1g s,de~x/alks, curbs, and g-alCer v~nei~ the Sup'd1V:S:On 1S a.~~~.,~ed. Winston Dyer -1~dditional options for 10'IDR Zoning Kurt Hibbert -Reviewed the proposed changes to the MDR Zone descriptions. He discussed MDR2 as a anew Zone for the City. This Zone would allow 17 to 22 units. A Conditional Use Permit would allow 2 additional units for a total of 24 ~w,its ;r l~R Ted Wh} to -Additional options on MDR zoning are necessary to alto rv additional green space. Discussion on the need for smaller zoning steps to allow developers options between MDR and HDR. Jerry l~astings -Reviewed the allowable heights for Ir~R zoning. Kurt Hibbert - He will prepare a proposed MDR zoning change to present to City Council. There was discussion .^,n USe by Right and vTSe by ~:vuditivnai vSc u t he prGpvscd ivu~R2 Zoning. Mayor Sutherland -Discussed the need to review the HBD Zoning in the City, The request for mixed zoning on 2nd East behind Wendys was discussed by the developer. They proposed to have Commercial use on 2nd East and Residential use behind the Commercial Business next to the Teton River. Ktu-t Hibbert -Some developers would like a mixed-use Commercial Zone. There was discussion on the mixed-use concept with Commercial Zoning on the highway and Residential Zoning behind the Commercial Businesses. The CBD zoning on main street was reviewed as vertical zoning. • J Mavnr C~ithvrTanrl _ T4d~t~.wtorl a ^,^,S:t:vC r°~~'.^, :~° fr3:n tl:° !-''+,~ !'' '7 i, + 7 =' y ~ v ~.i~j vvuuC.u CvnC2ruiug uorl~on~ai m1Xed ZOning. DaVawn Beattie and Paul Pugmire were positive towards the concept of mixed zoning. Examples of mixed zoning in Orem, Utah were discussed. Winston Dyer -Wider Private Drives Winston Dyer -Reviewed problems with access on private drives. An example of this problem is the development behind Sonic Drive Inn. Winston Dyer -Under ground Utilities Winston Dyer -The Commission would prefer to have underground utilities required on new developments. The Commission proposed to have a standard for UG utilities in the Ciry. Winston Dyer -Single Family Home Conversions WIn$ton Dyer -Indicated the need t0 have ar. O~Jner CCCiipled residence bel~ire a ~~,Gndltionai USe Peiri'ili for an apartment could be approved in L.DRI. This is not required under the current LDRl zoning. Mayor Sutherland -Reviewed the dif`~erences between LDR zoning and LDR1 zoning. LDR1 zoning requires a Conditional. Use Permit for an apartment in a home. Gler_ Pond -Discussion with Shawn Larsen on the definition of "maintaining'' property. One resident's percep±ion of proper maintenance may be different from anot her resident's perception. Stephen Zollinger -Reviewed the need for enforcement of the UBC building codes. Mayor Sutherland -Appreciates the ta;,.e and effort the Commissioners have invested in this process to improve the Zoning Ordinances. ~~nr ~ol~ ~i.rr.m or+.~.~ +1... :. .....9 4.. ~ ~ 9~_. ~.___ l a.ivuua Berua~au - `,VUUU~.li~cu vi1 1.11c 11cGU LV GVLle propel L1eJ 111 1A.1~G1. 4.i~eaJ verJCS zorling prop CT LIeS dy individual requests. Winston Dyer - He agreed with Donna and requested the development of a Comprehensive Plan that is workable. If the requests for zoning agree with the Comprehensive Plan, the Commission will discuss the request. If the request does not agree with the Comprehensive Plan, the Commission will not entertain it. Discussion on the need to include Madison County participation in the Comprehensive Plan. Ted Whyte -The Comprehensive Plan needs to allow mixed use areas. Paul Pugmire -Reviewed the needs for the Comprehensive Plan. • 6 TP_.,"1"V T7actinac - D:SC~»SSPr~ tnP eCOn^m1CS ' '': atu •• •u° ~l ~ a +i, ,7 +,. L +t, i,,.,:...._ ~ ...... .~ a .. a v opiia°vni aiiu sue nieu ~v inane sue piayui~ field level for the developers. y Mary Haley -Community involvement is necessary to make the Comprehensive Plan work. Mayor Sutherland - We need to lay down the Comprehensive Plan footprint for the next 20 years. hurt Hibbert -Combined Addressing for Madison County, Sugar City and the City of Rexburg Kurt I-~ibbert -Reviewed the Grid system with Sugar City, Madison County; and Rexburg City. As the City grows, the grid will need to be enlarged. Kurt provided a handout on the re-addressing of streets and county roads with proposed street and read names. The Addressing Committee is proposing a compromise approach. The recommendations of the Addressing Committee are on the handout. There was discussion on the names given to streets and roads on the combined grid system. Propased Annexations - Lviayor Sutiieriarid Mayor Sutherland -Explained that letters have been mailed to the property oti~~ners on the proposed annexat,ons. There w,ll bP scheduled Publzc I-Iearmgs m the near fafiare. Mayor Sutherland -Reviewed the need to create a Local Improvement District next year for Millhollow Street. The Mayor asked the Council if they were interested in working on the LID for this street next year. There was some discussion on sidewalks and street improvements for this street. There is a need to widen the street and add curb and gutter. There is an intersection on the street that needs reconstr?~ctinn, Adjourned -September 25, 2~J02 (11:14PM; 7