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HomeMy WebLinkAboutP&Z MINUTES OCTOBER 17, 2002• REXBURG PLANNING & ZONING October 17, 2002 7x00 p.Yno Chairmane Winston Dyer Memberso Robert Schwartz Ted Whyte DaVawn Beattie Mike Ricks Steve McGary Doug Smith -Excused Jerry Hastings Mary Haley Jordan Dyer David Stein P.F'.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay APPROVAI~ OF 1VIINUTES Jerry Hastings made a motion to approve the minutes from October 03, 2002 with some name corrections, Robert Schwartz seconded the motion, Ted Whyte and Winston Dyer abstained, none opposed. The motion carried. Noncontroversial agenda items: Kurt Hibbert -Requested some time on the agenda to discuss Planning and Zoning Fees. New Business• Site Plan Review - 221West 4th South - (TIDR) Singles Housing -Wade Webster Ted stepped down due to a conflict with the proposal. Kurt Hibbert -Reviewed the site plan on the overhead screen. The plan in the packet was redrawn to correct parking problems. The new plan was passed out to the Commission which indicated parking changes. Kurt reviewed the parking changes on the new plan. The building was decreased in size to make improvements in the site plan. The building is located farther from the parking area than allowed in the Zoning Ordinance. The building, parking and setbacks have been changed from the first request to comply with Zoning requirements. (~ Ted Whyte -Century 21 representing Wade Webster -Reviewed the drainage ditch on the site plan. They have avoided building any buildings over the buried drainage ditch. The developer has worked with the City to comply with the Zoning Ordinances. DaVawn Beattie -Reviewed the location of the building on the lot. He had questions on the location of the buil-ding. The building was shortened to accommodate set backs and parking. Ted Whyte -There are 51 units on this proposal. The Apartments will be built with brick and stucco. Ted discussed the 200 foot rule for a parking lot. Ted's understanding of the 200 foot rule is that the parking lot has to be within 200 feet of the entrance to the building. The front building on the property will remain on the property as a future club house. Stephen Zollinger -The City requires a parking lotto be within 200 feet of the apartment complexe Winston Dyer -Reviewed the possibility of breaking the building iip into two units. The developer prefer:; one building to keep the costs- down. Winston Dyer asked about the location of the drainage ditch. There was a review of the location of the ditch and if it could be relocated. Winston Dyer -Questioned Staff on the parking isle widths meeting the Ordinance requirements. The 60-40 ratio needs minor adjustments for small and large parking. Staff will monitor the parking requireme-nts. Kurt Hibbert -The isle widths were enlarged to 18 feet. Discussion on the location of the trash dumpsters. David Stein -Questioned the developer's reason for the units being put into one large building. Stephen Zollinger -The Commission can not change the structure. However, the dumpster locations can be relocated. John IVlillar -Indicated that the City could handle the garbage dumpster with daily pickup. Public Input was closed The Commission discussed the building size on the possibility of having two buildings. Parking was reviewed by the Commissioners. They have 43% compact parking which needs corrected to 60% regular sized stalls 40% compact size stalls. DaVawn Beattie -Questioned the lighting that is planned for the development. Kurt Hibbert -Reviewed the buffering for the site. The back of the building is treated as aside yard because it is a corner lot. ''` . 2 Steve McGary -Reviewed the buffer and the fence on the site. IVlike Ricks -Requested wider private drives than 22 feet for the isle width and the entrances. Twenty four feet is the minimum for two way traffic. Steve McGary -Requested that the developer-widen the entrances to 24-feet. Robert Schwartz -Requested conditions for the site plan. DaVawn Beattie moved to accept the site plan with very strong recommendations to change the building configuration. DaVawn applied the follows conditions to his motion: 1) City Staff Departmenial approvals 2) fighting at the entrances 3) Adequate lighting for the parking areas 4) Have a minimum of 24 feet wide entrances • Jerry Hastings seconded the motion, discussion on the lighting type needed to meet the neighbor's needs for non-intrusive lighting. Tl'ie 3rd `vilest residents were concerned with the development of the site and the lighting and traffic that would be coming from this development. The concerns of adjoining residential neighbors were reviewed. Jerry mentioned the concerns of Brett C. Johnson, who offered comments in a previous discussion on the development. Brett's concerns were with zoning the property to HDR and traffic from the development entering onto 3rd West. Robert Schwartz -Requested that the motion include a strong recommendation to have the Rexburg Zoning ®rdinance adopts Construction Standards for new construction projects. Robert recommended that future Building Plans need to fit into the City's overall plan for City development. All voted aye, Ted Whyte abstained, none opposed. T'he motion carried. Site Plan Review - BI'LT-Idaho Family Housing - 7th South 2nd West -Matt Zausch Randy Hayes - JHS Architecture, PA -Representing BYU-Idaho -Reviewed the student family housing proposal. There will be 156 units with over 312 parking spaces. Entrances will be on 7th South and 2nd West. The Street on 2nd West will be developed in 2004. There will be snow storage along 2nd West and 7th South. The sewer location. was discussed. The lighting scheme will be 20 foot poles in the parking lot. They will. be a shoe box type light. The lighting for green spaces will be on 12 foot poles with similar lighting. Part of the development will have a decorative fence. The fence will be built on 2nd West and 7th South. The typical building will be 10 units with three stories in the center and the end units will be townhouses. The Building designs were reviewed by the Commission. The buildings will be built with brick and stucco. The side walks are on the edge of the parking in front of the buildings. There are meandering sidewalks through the green space areas. Green space was discussed. The developer indicated that the green space was more than adequate for the site. 3 • ~ • There will be two and three bedroom units with the two bedroom units ranging just under 800 square fc;et. Mary Daley joined the meeting. Discussion on a temporary exit onto 2nd West with a gravel base. John Millar -The building site is nearly two blocks long. Traffic flow, street width, and street access was discussed. The traffic flow is on Campus property. There will be continued discussion on the design of street entrances. Discussion on the development of 7th South with the State project and the need for four lanes of traffic. DaVawn Beattie -Questioned the storm drain plans. John Millar indicated that there will be a detention pond for the project. Discussion on tying the sewer into the master plan for the City Sewer System. Mike Ricks -Reviewed the need to have adequate widths for private drives. The developer indicated that they would see if they could enlarge the access widths in the parking area. DaVawn Beattie -Reviewed the walk path in the area and the need to have it connected to the City system. The developer plans to connect the walking paths to the Arboretum. Ted Whyte -Questioned the width that is planned for 7th South. Discussion on the plans for 7th South. BYU-Idaho and the City of Rexburg are working towards four lanes of traffic on 7th South. Steve McGary -Indicated that: the plan has been modified to widen the road on 7th South. The developer has 6 dumpsters on site. Winston Dyer -Complimented the University for the professional presentation. The Commission was happy to see green space for play ground areas. The first phase of this development will have 70 Units constructed along 7th South. Discussion on the need for two accesses to the development. Stephen Zollinger -The City is requiring a temporary access off 2nd West until 7th South is completed. • ' DaVawn Beattie moved to accept the site plan with the following conditions. 1) Meet City Staffflpprovals 2) Street alignment with existing streets 3) Storm Drainage connection 4) Isle widths are recommended to go to 30 feet 5) Determine who will be responsible for waste disposal Robert Schwartz seconded the motion, alI voted aye, none opposed. The motion carried. I2epuest for a Conditional iJse Permit - 342 South 4th East -Gordan & Chantelle Madson Kurt Hibbert -Reviewed the request on the overhead screen. The property is in an LDRT Zone. They plan to have one rental upstairs and one rental downstairs. It will iiot be owner occupied. Ted Whyte -Reviewed the history ofthe propef~ °. The o~~aner ofthe hcm~e was IJoward McCuistion. Ted indicated that he sold the home last spring; however he is not representing the requestor. Discussion on the need to keep neighborhoods in tact. If homes are converted into rentals, it will have a negative effect on single family neighborhoods. i Jerry Igastings -Discussed the need to have a moratorium on single family homes being converted into rentals. Kurt Hibbert -The Commission has recently approved rentals in homes that were owner occupied. Winston Dyer -Indicated that the Commission is very sensitive to the issue of home conversions into rentals. The Conditional Ilse Process for rentals on an individual basis can lead to whole neighborhoods being converted to rental neighborhoods. Winston Dyer -Indicated the Commission and the City Council have already discussed this issue and their concerns with neighborhoods in I,DRl Zones transitioning to rental neighborhoods through the Conditional Ilse Permit Process. Winston Dyer -Because the Commission has already discussed this concern and because it is already an open agenda item on Planning and Zoning and City Council meetings wherein there has been continued discussion to change the Zoning Ordinance to prevent the conversion of residential neighborhoods in LDRT to rental neighborhoods, the Commission has within its prerogative to table this request or indicate a moratorium on these types of requests until the Zoning Ordinance is changed. • (~ Discussion on the need to have a moratorium on Conditional Use Permits for rentals until the Zoning Ordinance changes have been adopted. Some Commission members indicated that they were uncomfortable with the current process of granting Conditional Use Permits for -_ --- rentals. Stephen Zollinger -Indicated that the Commission can not discuss ownership or if the house is owner occupied. Winston Dyer -This request is an approved use within this zone with a Conditional Use Permit. It is a right that goes ,with the property and the zone. Kurt Hibbert -Discussion on the fact that the LDRI Zoning sends a signal that rentals are allowed. The City is communicating that as the zoning now stands, the City is encouraging rentals in this zone, Winston Dyer -Indicated that: the zoning needs to be changed to avoid sending this signal. Kurt Hibbert -Indicated that <~lthough the current zoning allows rentals in LDRI, the City does not want to see this zoning change the make up of neighborhoods. Winston Dyer -Commented that the City Council and the Planning and Zoning Commission arc ~` working towards changing the Zoning Ordinance to more closely fit the resident's vision of Rexburg in the future-. Kurt Hibbert -The current Zoning Ordinance indicates what the City is willing to allow, however it does not always convey what the residents want for their neighborhood. Winston Dyer - "Then it needs to be changed" -Winston indicated that both the City Council and the Planning and Zoning Commission are concerned with what the current City Zoning Ordinance allows. Stephen Zollinger -Reviewed the process for requesting a moratorium on non owner occupied duplexes. Ted Whyte -Ted is not in favor of a moratorium. It does not encourage growth. However, Ted was concerned with the conversion of back yards into parking Lots. Ted would like to get a directive from City Council on this issue. Jerry Hastings -Commented on the need for a moratorium for apartments in LDRI until the Zoning Ordinance can be changed to reflect the needs of residential neighborhoods. If City Council supports the moratorium, the Commission can move forward with changes to the Zoning Ordinance. Under the current Ordinance, if the request fits the parameters, the Commission would not be able to deny the request. Because the Zoning Ordinance does • 6 not have Building Code requirements, the Commission can not limit the types of construction proposed in a given zone. An example would be to limit the length of an apartment complex by City Code. Stephen Zollinger -The Commission could state that they are changing the Zone. An example would be that LDR1 would n®1®nger have a ConditionalUse for Dup exes. Winston Dyer -The Commission may decide to table these requests for 60 days until the Commission can clarify the options available to change the Zoning ®rdinance, The Commission does not want to put an anti-growth signal out to the developers with a moratorium. Jerry Hastings -The best option would be to table these Conditional Use Permit requests for 60 days. Shawn Larsen -Requested information on the locations that currently have apartments in LDRl zoning, Without additional information on apartment locations, Shawn was unable to rnaice any comments on the matter, Shawn is concerned witlri the r~urriber of apar`~-r~er~ts in residential neighborhoods, Jerry Hastings -The older neighborhoods are being affected. The continued expansion of Conditional Use apartments in residential neighborhoods needs reviewed. f Kurt Hibbert -Commented that some neighborhoods may request to change from LDRl to LDR Zoning. This would eliminate future apartment rentals in these neighborhoods. Jerry Hastings -Commented on the Zoning for new subdivisions. Hidden Malley Subdivision is LDR Zoning. Stephen Zollinger -LDR re-zoning would not be retroactive. Jerry Hastings -Commented on restrictive covenants in subdivisions being able to control residential apartments. Stephen Zollinger -Residents need to comply with the restrictive covenants in their neighborhoods. The City will refer the applicant to the subdivision's restrictive covenants for compliance. Mary Haley -Questioned if a neighborhood could consolidate into a homeowner's subdivision retroactive restrictive covenants. Stephen indicated that he was not aware of any mechanism to do retroactive restrictive covenants for a subdivision. Mary is in a neighborhood that is part of the original Rexburg town site. ' • (~ Jerry Hastings -The homeowners in that location could petition the City to change the Zoning. Stephen Zollinger -Commented on an existing subdivision having the ability to redo restrictive covenants if 100 percent of the residents agreed to the new covenants. --- - -- Stephen Zollinger -Reviewed the Cify`s pr®cediire for subdivision~requests, Jerry Hastings - A 100 percent approval in a neighborhood is not required for a Zone change request. Stephen Zollinger -The City will act to approve or deny requests based on the best interests of the Community. Discussion on new subdivisions and restrictive covenants for the subdivisions. DaVawn Beattie -Questioned the possibility of tabling the requesto Da~awn mentioned that as the request stand row, the Commission would have to approve it. 1Vlary Haley -Questioned if any neighbors were aware of this requesto The neighbors have not been notified of this request. Discussion on the need to table this request until the City can address the issue. ~' ~ Robert Schwartz -Discussed the fact that the applicant could not be denied this request if conditions set by the Planning and Zoning Commission were acted upon. Jerry Hastings moved to table this request for a Public Hearing on a Conditional Use Permit until the Commission has had an opportunity to get direction from the City Council on the planned Zoning Ordinance changes for duplexes. Steve McGary Seconded the motion, all voted aye, none opposed. 'I~he motion carried. Three Car Garage - 70% Green. Coverage for front yards -Jon Berrv -City of Rexbur Kurt Hibbert - Reviewed a letter from a City Inspector, Jon Berry. The letter reviewed the problem that a three car garage creates for the 70% green space requirement for a front yard. Discussion on the question of allowing three car garages on small lots. A 100 foot lot could not fit a three car garage without violating the 70% green space requirement. DaVawn Beattie - Reviewed a home in the City that has a lot that does not meet the ordinance for a 70% green space. Discussion on the problems that are created when the lots are designed with minimum front footage. • Kurt Hibbert -The 70% requirement needs to be changed for these small lots or dis-allow three car garages in subdivisions with small lots. Robert Schwartz -Mentioned that many neighborhoods have homes which violate the 70% rule. _- -- -- Stephen Zollinger - No more that 30% of front yards car be hard surfaced for parking. Jerry Hastings -The cost of the property is driving some of these requests for variances or Zone change requests, The developer is striving to maximize the revenue potential of the property with more units. The housing situation is in a similar situation. A buyer buys a small lot and proposes to build a large home to maximize the purchase price for the land. Ted Whyte - Reviewed a planned subdivision with protective covenants requiring a three car garage. These lots are a third to one half acre lots. They will have trouble meeting the maximum 30% hard surface requirement. Robert Schwartz -Discussed the need to change the requirement from front yard space to garage size. Discussion on the existing homes in town. with circular drives. David Stein -Changing the 70% rule may allow more multi-units. Kurt Hibbert -Mentioned that the 70% rule causing a problem. with current requests. Stephen Zollinger -Commented that the requirement is for a maximum of 30% hard surface coverage not a 70% green space requirement, A graveled space next to the hard surfaced driveway would be in compliance. Ted Whyte -Commented on the need for the Ordinance to allow hard surface coverage for three car garages to the street. The change to the ordinance would not apply to home conversions for apartments, and additional parking spaces for multi-family units. Discussion on the Language in the Zoning book on page 34. Stephen Zollinger - Reviewed a prior request before the Commission for approval. If a condition continues to come before the Commission, there may be a need to change the Zoning Ordinance to address the issue. Discussion on the width of the lot and the average width of a three car garage would be an indicator of the needed percent for a three car garage. Thirty-six to forty percent may work for hard surface coverage. Stephen Zollinger -Non-Compliance of the 30% hard surface code for a new home would. necessitate a site plan review by Planning and Zoning Commission for approval. This does 9 • not change the need for a review of the 30% hard surface issue. The sidewalk is part of the 30% hard surface coverage, Discussion on the appearance of the City neighborhoods. The need for construction design standards to help with City planning was reviewed. Stephen Zollinger -Indicated that the City of Driggs requires design standards for one area of the City. They require natural facades in this part of town. Kurt Hibbert - ®ffered to supply examples of design standards that are used in other Cities. Kurt will also ask Jon Bent' to come up with a typical standard that will work for three car garages. Ted Whyte would like emphases put on dis-allowing additional black topping in front yards for parking for duplexes. Jerry Hastings -Concerned with the inability of the Commission to respond to design problems with site plans that the Commission reviews. Preliminary Plat Review - I:Iidden Valley Phase 6 -The Dyer Group Winston Dyer stepped down from the Table due to a conflict on this site plan. ` ~ Ted Whyte took charge of the; meeting. ` Winston Dyer - 667 Summer-wood -Representing the interest of Hidden Valley Properties - Discussed the Preliminary Plat for Phase 6 of Hidden Valley. Winston also presented the over all master plan for the Hidden Valley Subdivision. The proposal before the Commission is in compliance with the last discussion on Phase 5 of the Hidden Valley plat. The City Council changed the access to line up with the Millhollow trailer park access. The City Council's recommendations were followed to change the access for the development. The sewer and storm drainage systems Line up to connect to the City systems. The chart shows water in blue and the sewer is in green. Some minor lot size adjustments were made to create two additional lots from the earlier plan. DaVawn Beattie -Questioned the location of the Strobel lot. It is the last lot in Phase 5. Winston Dyer -Indicated that by setting the homes back on the lot, the green space for the front of the Iot can be satisfied. The boundaries for the development were reviewed. Phase 7 and 8 are planned for future development. The drainage ditch has been abandoned. The drainage for the development will be directed to catch basins before it dumps into the Rexburg ditch. The existing home for Jerry Blunck is not part of the subdivision. Winston Dyer -The park will! be developed by the owner and then turned over to the City for maintenance. Phase 6 will be below the Woodmansee ditch. There is lighting planned at the intersections with additional Landscaping. `• 10 • David Stein moved to accept the Hidden Valley Plat Plan for Phase 6, DaVawn Beattie seconded the motion, all voted aye, none opposed. The motion carried. Winston Dyer rej dined the table to conduct the remainder of the meeting. I'lannin~ and Zoning Fees Kurt Hibbert -Discussed Section 6.16 on page 58 of the Planning and Zoning Ordinance Book. Administrative fees can be set by the City. Kurt Hibbert -Passed out a fee schedule for Zoning Department Fees, The fees would. help support City Planning activities. The fees would help eliminate random requests and bring the City into standard practice. Winston Dyer -These fees would help with the City Staff planning cost. Kurt Hibbert -Part of the fees would help support the GIS program. Winston Dyer -Indicated that GIS contract labor would cost $50.00 per hour. Kurt Hibbert -The 300 foot notifications are one of the items that City GIS personnel take time to prepared i The City Council instructed Kurt and John Millar to meet with a representative from Planning and Zoning to development a fee structure. Kurt Hibbert -Provided some examples from other Cities that charge fees for City Planning services. Ted Whyte -Indicated that he has a chart showing comparable building permit fees in Idaho Falls, Ammon, Rexburg, and Sugar City. He indicated that the fees in Rexburg are high on the chart. Ted indicated that the cost to start a home in Rexburg cost an additional $3,000. Discussion on the type of fees that Kurt is proposing. Kurt Hibbert -Commented on the fact that Rexburg fees are not high. He indicated that fees in Sugar City are higher than in Rexburg. Steve McGary -These fees are not attached to construction. Steve request a copy of the chart to help determine why it shows the construction costs to start a home in Rexburg is higher. Discussion on the fees charged in other Communities. Kurt indicated the that the need for fees is to do what is right for Rexburg. 11 • ~f • Winston Dyer -These fees are; outside of the ordinary fees for construction. An examples of fees that would be charged is a re-zone and variance requests. These proposed fees are for extra work that is required to accommodate the applicant. Mike Ricks -Commented on 1:he need to charge fees to help pay for City Planning services. Some - --- applicants go through the request process and fail to complete f e eve opmerit request. Discussion on civil penalties being assessed for failure to comply with Planning and Zoning Ordinances. Jerry Hastings -Indicated that. the City Council is recommending these fees. The Planning Commission should support the effort. Winston Dyer -Indicated that the Planning and Zoning Commission is in support of the proposed fees. Kurt Hibbert - Made a recommendation to the City Council and the Planning and Zoning Commission to establish a fee structure. The Council indicated that a fee structure would be appropriate to meet the needs of Rexburg. Kurt passed out an example of a fee structure for Rexburg. + • Work Meeting on the_Compreherrsive Plan Kurt Hibbert - Lead a discussiion on the Comprehensive Plan Map that was placed on the table. DaVawn Beattie -Inquired from Winston his personal feelings on the Comprehensive Plan. Winston Dyer -Reviewed the existing Comprehensive Plan and the objective of the Plan when it was created. The recent abundance of zoning changes was a necessary evil for the common good. Now is the time to fine tune the Comprehensive Plan and present the Planning Commissions recommendations to the City Council. David Stein -Commented on the fact that the Planning Commission does not have the ability to enforce Planning violations. Winston Dyer -Asked the Commissioners to provide input on their vision for the City of Rexburg. Discussion on this process allowing the Commission to use the Comprehensive Plan to guide future decisions in Planning and Zoning. If it does not fit the Comprehensive Plan, the Commission can let the Plan drive the decision. Discussion on the Zoning map driving development decisions. Kurt Hibbert -Indicated that the Zoning Map does not follow the Comprehensive Plan in all cases. • 12 • Mixed Use Zoning was discussed for the City of Rexburg. Discussion on the development of the original Comprehensive Plan. Start with a broad concept and bring it down to a specific concepts -- _- - - - _ _ _ __ - Da~lawn Beattie -The City has changed since the original draft. DaV'awn would like to make the necessary changes to the Comprehensive Pian to continue the fine tuning of the original Plan. Ted Whyte -Highway Business District (HBD) covers businesses from a Snow Shack business to a VVa111VIart business. Discussion on the fact that the Comprehensive Plan map is the key to City development. Jerry Hastings -Boundaries need to be established for the different zones. The long range plan needs to be considered for the development of theses zones. Mike Ricks -Discussed having a housing development concept that would spread the student housing developments around the City. Discussion on the types of zoning that could be planned in a particular zone. Discussion on having integrated zones that would help keep the City vibrant. A mixed use zone may encourage a supportive integrated neighborhood. • tl Mary Haley -Concerned with the lack of input from residents adjacent to properties that have change of use requests before the Commission. The Commission would like to become involved in planning City development before it happens. Ted vVhyte -The Commission needs to be active in planning zoning for the proposed annexation in the near future. Discussion on the South Rexburg Arterial that is planned for the City. There was concern from the members of the Commission that this arterial would be developed without advanced planning for the area. Winston Dyer -Discussed the concept of identifying five areas in the City as a starting point for developing a City Development map. Discussion on dividing the City up into five circles by existing or proposed development. The following areas were listed below for discussion: l) University 4) Industrial 2) Commercial 5) Open Space 3) Residential & Multi Family 13 • ~~• Steve McGary -Discussed the different zones and where they may fit in the City of Rexburg. The Commissioners were assigned different areas of the City to investigate for possible uses within the four quadrants of the City. The Comprehensive Plan Map was broken down into quadrants and assigned to the Commissioners as follows: l~Tortheast O~uadrant Steve McCya~y David Stein Southeast Quadrant/Downtown Mary Haley Robert Schwartz Mike Ricks West side of RR Tracks Jerry Hastings Winston Dyer Ted Whyte West Side of the Hwy U.S. 20/North DaVawn Beattie Jordan Dyer Doug Smith After the recommendations are compiled, the information will be brought back to the Planning Commission for review. • i• Winston Dyer -Mentioned that Neighborhood Associations need to be considered in the decision process. Kurt Hibbert -Neighborhood .Associations can bring consensus to the decision making process. Winston Dyer -His desire is to have a proactive approach to the process of City Planning. Ted Whyte requested maps for the assignments given to the commissioners. Adjourned October 17, 2002 (ll:llpm) 14