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HomeMy WebLinkAboutP&Z MINUTES NOVEMBER 07, 2002• REXBURG PLANNING & ZONING November 07, 2002 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz -Excused Ted Whyte DaVawn Beattie Mike Ricks Steve McGary Doug Smith 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 • APPROVAL OF MINUTES DaVawn Beattie made a motion to approve the minutes with minor corrections from October 17, 2002, Mary Haley seconded the motion, all voted aye, none opposed. The motion carried. Noncontroversial agenda items: None Public Hearings 7:05 pm Zone change request from LDRl (Low Density Residential) with a Professional Overlay to CBD(Central Business District) - 2/3 of the 3rd Block on East Main St, Between Main and ls` South which includes the Professional Plaza. Kurt Hibbert -Reviewed the proposal on the overhead screen. He identified the Professional Overlay for the Zone change request on the map. This request was initiated to bring the area into compliance with existing use. The LDR1 green space requirement precluded Dr. Craig Heiner from obtaining approval for a proposed business expansion project. The City proposed to change the Zoning to a Commercial Zone. ~ _ • l~ Winston Dyer -Commented on the process for giving public input at this Public Hearing. Those in favor of the proposal ~~inston Dyer -Reviewed letters on file concerning the Zone change request. There was a letter from ---------- - --- -- --- -- - Terrell and Margaret Arnold that Winston read stating the Arnold's approval of the zone change- request presented by the City of Rexburg. Neither for nor against the proposal: None given Those opposed to the proposal: Steve Oakey - 25 South 3Td East - He is apposed to the proposed re-zone request to CBD (Central Business District). Steve indicated that CBD would be the worst of all possible proposals that could be put on the table. Steve wanted to consider everyone's interests and work towards a compromise. Allen Miller - 5 S. 3~a E. - Read a statement from him and his wife concerning his concerns. "If public hearings provide information guiding public policy toward more informed decisions, and we believe it does, then kindly hear me." Allen's letter went on to express their strong opposition to yet another attempt to re-zone this area so close to their home. The statement indicated that the Millers were unaware of the reason for the zone change request and who was sponsoring the E' S zone change. He indicated that the change would diminish the residential value of the neighborhood, disrupt their domestic tranquility and their pursuit of happiness. Allen is concerned with the possibility of this re-zone request allowing "hamburger joints and pizza palaces" in the area. Jim Long - 77 Ash Ave -Reviewed t]e origin of the existing Comprehensive Plan for the City of Rexburg. There was valuable Citizen input in the creation of the Plan. Jim encouraged a Citizen directed plan. He does not feel that the current Planning procedures use Citizen input. Preston Haley - 275 East ls` South - C~uestioned the reasoning for the CBD zone change request. Preston proposed a negotiation process that would offer a better solution than a Central Business District. LaRae Clarke - 264 East Main Street -Indicated her opposition to the proposal. She likes the warm family feeling in the Community. She reviewed her history in the area. LaRae wants to keep the Community peaceful. She indicated that there is room on Main Street to develop business instead of moving the Business District into her residential area. Her husband was President of Ricks College and was involved with the Rexburg Planning Commission. LaRae commented on the history of Smith Park and the express desire of the giver to have no commercial enterprises at Smith Park. } • 2 Don Sparhawk - 37 South 3rd East -Passed out colored pictures of homes in the area. Don expressed his and his wife's desire to live in their neighborhood for many years to come. He indicated that residents with modest incomes could afford to live in a traditional residential neighborhood surrounded by other lovely homes. These homes are affordable for young families getting started working families trying to make ends meet and retired residents on fixed incomes. Don - - ------------------- -- believes that this area is the best preserved older section iri the pity ofRexburg. Don indicated that the area is relatively untouched by modern development and the ravages of the devastating Teton Dam flood. The homeowners and the professional offices have Lived in harmony for nearly three decades. He mentioned that at Least 6 homes are owned by Doctors in the area. Don is opposed to re-zoning the area. He believes that the Doctors are speculating on the property changing to a commercial zone. The traffic in the area was reviewed. The residents purchased homes in the area because of the nature of the area. Don reviewed the possibilities for the area if Doctors are allowed to expand their businesses. Don wrote a formal letter to Kurt Hibbert in June of 2002 requesting a hearing to change the Comprehensive PIan for this area. There is a 6 month waiting period between Comprehensive PIan changes. There has been no action from the City of Rexburg to have a hearing to change the Comprehensive Plan for this area. Don asked the City of Rexburg to set a hearing to propose a change in the Comprehensive Plan in this area to residential use. Don proposed that a Medical complex could be built on the edge of the City. There is plenty of land on the edge of the City for development. Raymond K. Hill - 328 East Main Street - Read a statement from the East Main Neighborhood Association. Raymond indicated that he represented the Association. In the statement they ( indicated that the Association is vehemently opposed to any changes in the zoning status which is currently LDRI . The statement proposed that professional offices be located at the confer of Main and 2nd or just North of Jalisco's Restaurant on 2nd East. The statement indicated 6 reasons for the Association's opposition to the re-zone request. 1) Negative effects on the current residential areas 2) CBD Zoning does not require open space or set backs 3) Building heights could go to 4S feet 4) Almost any kind of retail business could be located in this zone S) Increased traffic and. 2nd East, third East, First South and adjoining streets 6} Adjoining properties are zoned residential. Raymond indicated that most of the Professional Plaza offices do not comply with the LDR1 open space requirements. He indicated that they are in a grandfatllered status. They were in existence before the Professional Overlay came into existence. The Association believes that the LDRI open space requirement would ensure that the area would be protected from additional parking lots or buildings. The statement indicated that they are opposed to any new zone designations for their area. Ethel Topham - 2S South 2nd East -Raymond read the following statement from Ms. Topham; "I am opposition to any business escalation in my block -October 21, 2002" (~ Ronald Lindsay - 70 South 3ra East - :EIe objected to the re-zone request. His suggestion was to leave it in its current zone. His second option was to condemn the Doctors' offices and put in a redesigned area of medium value residences. "If you are going to change my neighborhood, why not change it how I like it". He suggested leaving the residences on Main Street as residences. He is not opposed to the Arnold's residence on the corner of 2na East being zoned commercial. "We as residents of Rexburg in this area are being manipulated by forces that don't even have the moxy to come and appear at this meeting". Ron is concerned with the property on this block being purchased by Doctors for future development. Ron expressed the possibility of the residential property Loosing value as it is replaced with commercial property. Ron said: "We do not want to move". Ron objected to the removal of the stop sign on 2na East and ls` South. Ron indicated that families do not want to locate; in that area due to the increased speed of the traffic on 2"a East because the four-way stop si€;n was removed. Ron objects to taller buildings being located in Rexburg and particularly in the Professional Plaza. He objects to putting 5 story buildings on the West side of 2na East; even if the Fire Equipment is obtained to protect taller buildings. Ron suggested putting Medical Offices on open land near the freeway. He recommends moving the Hospital to a non residential area. He recommended involving citizens in future City Planning decisions. Roger Pearson -Lives out of state - He is objecting to re-zoning the area to CBD which would allow retail businesses. Dennis Birch - 229 East ls` South - He is very much opposed to the re-zoning request. Cindy Harrell - 216 East ls` South -She is very happy with her residence in the area. Cii~dyis .concerned with the division in the neighborhood due to this re-zone request. Dr. Doug Smith has allowed her children to play in his back yard. A commercial business will not care about our children. She feels that the area is working just the way it is. Judy Taylor - 203 East 2na South -Representing Margie Waldron -who lives at 1503 West 5000 South -The Waldron's own a. home at 71 South 2na East. Judy read a statement from Margie in opposition to the re-zone request. Judy expressed. her personal opposition to this re-zone request. Gaye Riding - 36 South 3Ta East - Read a statement from E.K. Grover in opposition to the re-zone request. Mr. Grover explained the following: "The proposed rezoning of most of our block would have the effect of it no longer being a place for homes, but a place where noise, people and unwanted types of business could make my home not marketable as a family residence and reduce it to a less desirable business lot". Gaye indicated her opposition to the request. Her family has lived there for ten years. Barbara Quirl - 44 South 2na East #5 - Read a statement from Florence Bowman - 44 South 2na East # 12 -Florence is opposed to living in the middle of a commercial venture. Barbara is opposed to commercial buildings being located in the area. `~. ~ 4 • Pat Hinton - SS South 2nd East -She is living on the family properly. Pat is opposed to changing the neighborhood to a different zone. She is happy with the peaceful location. She has lived in the home for over a year. Pat wants the area to stay the same. Michael Olsen - 265 East 1St South - He is opposed to the re-zone request to CBM. Michael --- - agreed with Steve Oakey's comments against the CBD re-zorie request. It would be the worst zone for this area. He is concerned with excessive traffic that could come with change. He enjoys the friendship he has with his neighbors. There are small children in the neighborhood that would be impacted negatively with the commercial development of the area. David Miller - 234 West 1St South -David is opposed to the re-zone request. Deam~a Green - 44 South 2°d East -Autumn Arbor -This is a retired residence location -Deanna is opposed to the re-zone request. Gail Larsen - 75 South 3rd East -Expressed his opposition to the proposal as presented by the City. Gail submitted a Public Notice from Bonneville County as an example of a Notification to the Public when a change is proposed in the City. Gail reviewed the State Code on Public Notification. He indicated that he has never seen a Public Notice posted in Rexburg. Eileen Peck - 28 South 3rd East -Commented on her resentment to the proposal and she is opposed to the request to re-zone. She has lived in her home for 22 years. Her home is her security. She resents the proposal to change the zoning in this neighborhood. Ron Bird - 58 South 3rd East -Winston Dyer read a letter from Ron Bird in opposition to the proposal. Ron recommended that clinics be located North. of the City of Rexburg on farming ground. Ron's letter stated: "Idaho Falls went South on Sunnyside Rd and built a hospital". Jerry Hastings -Requested that anyone with written comments on this matter to submit them to the Commission for inclusion into the record. Stephen Zollinger -Reviewed the reason for the proposal. The Doctors did not request this zone change. The request carne from the City of Rexburg because of Dr. Craig Heiner's request before Planning and Zoning. The request was not doable under the current zoning. City Staff elected to pursue a Public Hearing to change the zoning. This request to change the zoning was based upon the numerous requests received at City Hall for properties that would be eligible and suitable for construction of professional offices. The Doctors' have speculated on property just as anyone speculates on property. They have made a well reasoned decision in their minds as to where the next rational growth for professional offices would occur in the City of Rexburg. Whether it occurs there or not is something that is being presented to the public for consideration. The City Staff has not had any pressure from Doctors on this zone change proposal. Stephen proclaimed: "Not one of these Doctors has stepped forward during this process to exert any pressure on the City Staff relative to this zone change". The zone change is l • driven exclusively by City Staff based upon our evaluation of where the best and most logical place for this growth. Stephen Zollinger - Made a request to table the request for CBD until the City of Rexburg can adopt an appropriate zone for professional offices. Some concerns from citizens tonight rel"ate to the height of buildings and retail"busiriesse~as opposed to professional offices. The City Staff feels strongly that the Western half of this block that is primarily residential is suited for the expansion of office space within the City of Rexburg. DaVawn Beattie -Discussed the creation of the Comprehensive Plan some years ago. A group of Citizens input inquiries that went forth to the entire Community some years ago. The Comprehensive Plan was driven by the citizen input surveys. This area was pursuant to those citizen inputs listed as :future expansion into professional and retail space. Stephen Zollinger -Summarized the position of the City Staff in light of the opposition from the neighbors and adjacent property owners that the request be table until the City of Rexburg can look for an alternative zone for professional zoning creating a buffer for residential neighborhoods. Stephen merrtioned Moscow, Idaho and Provo, Utah. as examples with professional offices zones. These Cities attempt to integrate offices for Doctors, Lavryers, Architects and Accountants into residential neighborhoods that create a buffer between retail zoned areas. "• Winston Dyer -Asked if the City of Rexburg would like to withdraw this request. ~~ Stephen Zollinger -The City of Rexburg would like to offer a modified alternative zone for this particular area for the next Planning and Zoning meeting. The City would like to resolve the zoning in this area. The City of Rexburg believes that a new zone would be appropriate for this area. The public input was closed Ted Whyte -Indicated that the request should be re-applied for after the City of Rexburg has the appropriate zone in the Zoning Ordinance. Jerry Hastings -Requested the Commission to turn down the re-zone proposal. DaVawn Beattie -Asked for clarification on modification to the Zoning Ordinance. Kurt Hibbert -The City has reviewed Orem, Provo and Moscow zoning. The City of Rexburg would like to have similar zoning that more clearly defines zoning areas. The present zoning for HBD in Rexburg allows a wide range of choices from a snow shack to a Wall-Mart. The Commission is looking for zoning applications that will accommodate the needs of the City. 6 g~ r1 ~J Steve McGary - Recommended a denial of the re-zone request until a new zone can be created. Steve recommended creating a professional office zone with the input of the neighbors and property owners. DaVawn Beattie -Commented on the needs for the City. The Comprehensive Plan is being --- __ re=done to adcrress t e needs of the-City of Rexburg. 1-Ie recommended denying the request. David Stein -Commented that other areas of the City of Rexburg maybe more appropriate for the development of professional office space. Mike Ricks moved to deny this request; Mary Haley seconded the motion, all voted aye, none opposed. The motion carriede Winston Dyer - "We would like to make it clear that this Board did not initiate this request, we simple react to requests that are Iaid before us by whomever it maybe, and anyone and everyone has the opportunity and privilege of making a request for consideration of property rights". Secondly, Winston reminded the Board that there is an organized neighborhood association here that needs to be included in any kind of decision making that is done. Discussions need to be held with the neighborhood association in the future before any motions are made or Public Hearings are held. 7:10 pm Conditional Use Permit - 264 S. 3rd We -Make -e Willis (Requesting afour-plea with single bedrooms) • Blake Willis - 264 South 3rd West -Reviewed the proposal to build a four plea with one bedroom apartments for married couples. It is a Teton Dam flood home that they are renovating. The lot is 1/3 of an acre. The lot is just less than 14,000 square feet. Kurt Hibbert -Contacted Jeff Vail concerning the easement on his property that would be needed for thisrequest. Jeff is still working on his own plan and he is not prepared to grant an easement at this time. Blake would have to find another access to the back of his lot if Jeff fails to grant an easement. Blake could tear his garage down and use the space for that access to the rear of his property. There are two other property owners that may be contacted for an easement if Blake can not obtain an easement from Jeff Vail. Those in favor of the proposal: Blake Willis - He is in favor of the proposal. Other properties in the area are being used for apartments. This proposal is in compliance with the open space requirements. Those neither for nor against the proposal: None given • (~ Those against the proposal: Fred Calder - 244 Steiner Ave - He i:; opposed to the proposal. Fred has lived on Steiner Ave for 32 years. The BYU-Idaho growth has changed the complex of our entire area. The property was zoned R2 when he purchased his property. Fred indicated that the applicant has a right to make this request. Fred discussed the Planning and Zoning~ommission~s task of protecting the property owners and the proposed property owners. Parking was discussed to control the density of dormitory housing. Fred called for some guidance from the Planning and Zoning Commission to control the progress of the development of student housing. He gave an example of a development in his neighborhood that houses 14 students in a dormitory style. Fred thinks that this type of housing is wrong. Progress may cause this area to expand into HDR residential zoning. Fred discussed the properties in his area that are being purchased to covert them to student housing. Fred thinks the area will become a student slum area. An example in his neighborhood of poor housing is a home that has 6 students in the basement and a couple upstairs. They have in place three parking places. There are seven vehicles on the property. There has been a complaint registered with the Planning Commission several months ago concerning this property. Fred asked the Commissioners "Where is your teeth?". "What are you people doing about making these rules you have in place in effect''. "That is Pressure". "This will happen to all of the homes in that area", He wanted the Commission to exercise some control on the decisions they make for permits. Fred also mentioned a recent applicant for a Conditional Use that was required to have a fence as a buffer to the adjoining property. ;~ ~ At this time, there is no fence. Fred had the opinion that the City Council needs to give ` the Planning Commission more authority to control Planning issues. Rebuttal Testimony: Blake Willis -Agreed with Fred on his statements to protect the homeowners. He intends to follow the Zoning requirements. Public Hearing was closed Mike Ricks - He is opposed to approving this request due to the lack of a written easement. David Stein -Asked if the Commission could approve this without the proper easements. Discussion on previous requests for apartments in this neighborhood. Kurt Hibbert -The City has begun issuing misdemeanor citations to non-compliant residents to the Zoning Ordinance. Two were mentioned tonight that are being pursued by the City. Kurt reviewed the process to monitor and bring properties into compliance with the Zoning Ordinance. The following notification steps are being followed: 1) Send a 30 day C'ertif'ied letter for non-compliance to the Zoning Ordinance before a misdemeanor notice is delivered. 8 • 2) Hand delivered a notice and inspect for non-compliance (misdemeanor offense) by the Planning and Zoning Administrator, Police Enforcement Officer and the City Attorney when appropriate. _--- - -- anston Dyer -Requested that Kurt follow on the conditions required for the Cox property's Conditional Use Permit. This property was mentioned to the Commission by Fred Calder as a non-compiliant Conditional Use per the conditions set forth by the Commission. Kurt Hibbert -There are two properties that the City of Rexburg is reviewing for compliance. Jerry Hastings -Reviewed the 4,500 square foot base requirement for the first unit on page 20 of the Zoning Ordinance -The minimum lot size is 10,500 sq feet in an MDR zone for a four plea. This proposal is 8,856 sq feet. The applicant commented that he has over 13,000 square feet of lot. Jerry questioned the use of the entire lot for this calculation. Continued discussion on the site plan and the square feet available for the four plex. Jerry Hastings -Indicated that the lot does not have enough square feet for the four plea and the home. Page 39 -Item 7 was discussed. 7. No more than four (4) single-family attached dwellings may be attached together. (For i" example, if four attached units were in an LDR-1 Zone, the minimum lot area would be 32,000 • ~ square feet. If four (4) attached dwellings were in a MDR Zone 18,000 square feet would be required as a minimum lot area.) Mike Ricks -The top of page 39 talks of dedicated street access. 2. All lots upon which single-family attached dwellings are located shall have vehicular access to and frontage upon a dedicated street. ZVinston Dyer -Page 38 Chapter 4 -Single family attached 4.12 (A special provisions for single family dwellings) 4.12 Special Provisions Re ag rdin Single-Family Attached Dwellings A. Special Provisions Regarding Single-Family Attached Dwellings. 1. All residential zones shall permit (by conditional use permits) single-family attached dwellings if the following conditions are met: (a) first a conditional use permit must be obtained from the Planning and Zoning commission; and (b) If there shall be any lots with a zero lotline between single family attached dwellings, then a subdivision plat must also be submitted to the City for its approval. • ~~ 2. All lots upon which single-family attached dwellings are located shall have vehicular access to and frontage upon a dedicated street. 3. No single-family ;attached dwelling shall be located above or below another dwelling unit, either in whole or in part. 4. Each single-family attached dwelling shall have at least one direct pedestrian access from the interior of the dwelling to the exterior buildings of the lot and no pedestrian access may be held in common with another single-family dwelling unit. 5. Except as noted below, asingle-family attached dwelling shall have no facilities or property in common with another single-family attached dwelling and all dwellings shall be structurally and functionally independent from each other. 6. All single-family attached dwellings shall have separate electrical service, water service lines, gas lines and sanitary service lines. 7. No more than four (4) single-family attached dwellings maybe attached together. (For example, if four attached units were in an LDR-1 Zone, the minimum lot area would be 32,000 square feet. If four (4) attached dwellings were in a MDR Zone 18,000 square feet would be required as a minimum lot area.) • Kurt Hibbert -This section is for single family attached dwellings. Item 3 on page 39. 3. No single-family attached. dwelling shall be located above or below another dwelling unit, either in whole or in part:. This item precludes the discussion of whether this section applies to a four Alex. A four Alex is for multi-family housing not single housing as discussed in the section on page 39. i• Continued discussion on whether to include the house and the four plea as one unit when calculating the minimum lot area requirements. Page 20 (Chart on square feet) was reviewed. The side yard can have a driveway. DISTRICT USES STANDARDS FOR USES BY RIGHT Minimum Minimum Minimum Minimum Maximum Maximum Minimum Lot Front Rear Side Lot Building ByRiQht Conditional I,otArea Width Yazd Yard Yard Coveraee Heieht MDR Same as LDRI Same as. LDRl 4,500 60 ft. 25 ft. 20 ft. 4" for 70% 30 ft. plus sq.ft. every 1' Plus of building Two, three, and Five and 1,500 sq. height: four family six family ft. for 6' minimum dwellings dwellings each additional Limited home Boazding house dwelling occupations unit 10 • Ted Whyte -Read from the Zoning Book -Page 52 paragraph 3 (3) Be designed and constructed in a manner to be harmonious with the existing character of the neighborhood and the zone in which the property is located. David Stein -Commented on the MDR Zoning definition on page 16. 3.6 Medium Density Residential~NIDR~ The Medium Density Residential is established to protect stable neighborhoods of detached single family dwellings on smaller lots and multi-family housing not to exceed four dwelling units per development as a use by right. Restoration or rehabilitation of older homes in this district shall be encouraged. Conditional uses shall be compatible with an atmosphere of low building heights, low traffic volumes, ample off-street parking, and low nuisance potentials at a higher density than LDR zones. The maximum density permitted in this district is sixteen (16) dwelling units per gross acre. This definition does not indicate the purpose of MDR zoning is to establish four plexes ni back yards. Steve McGary - Tlus neighborhood is being developed into multi-family housing. Jerry Hastings -Discussed the problem of multifamily housing behind a residence on the street. Jerry read the minutes from October 03, 2002 concerning Jeff Mail's comments on the easement for this request. Discussion on previous requests that were approved by the Commission. Steve McGary -Discussion on the square feet required for two developments on the same site. 4500 square feet for the first unit and 1500 square feet for additional units. Winston Dyer -Discussed the three options available to the commission. The Commission can deny the request, table the request or approve the request. Jerry Hastings -Reviewed the setback needed for a four plea to stand on its own. Mary Haley -Reviewed the needed requirements for approval. Kurt Hibbert -Discussion. on the Comprehensive Plan and the zoning for this neighborhood. The Comprehensive Plan called for single family housing in this area. Discussion on page 52 for the Comprehensive Plan. Winston Dyer -Reviewed the requirements on an MDR lot for front and back yard set back for the first home on the street. This request will be able to look at the gross lot area for the square foot calculations per Stephen Zollinger. ll Stephen Zollinger -There are no setbacks stipulated between the two dwellings on the same lot. This request is fora 5 unit development on this lot. In this case, a request for a four plea would not need a Conditional Use Permit. Example: (Three plea plus the original home) Ted Whyte -Item 2 on page 39 was read: 2. All lots upon which single-family attached dwellings are located shall have vehicular access to and frontage upon a dedicated street. Stephen Zollinger -Indicated that it dloes not apply if a specific Zone is in place. Winston Dyer -Zoning for a site takes precedents over the Comprehensive Plan. DaVawn Beattie -Reviewed the easement requirements on this request. DaVawn Beattie inquired if this request should be tabled until the easement is obtained. Winston Dyer -Enforcement of the Zoning Ordinance has been problematic. Stephen Zollinger -Enforcement is no longer problematic. The City of Rexburg is pursuuzg violators of the Zoning Ordinance. Steve McGary -Suggested granting t:he Conditional Use Permit with a condition requiring an easement. !, ~ Discussion on the options for the Commission. DaVawn Beattie moved to approve this site plan for a Conditional Use Permit with the following conditions: 1) Applicant must have a satisfactory recorded easement to the four Alex. 2) Approved by City Staff 3) Abide by the Conditional. Use Conditions page 52 & 53 of the Zoning Ordinance B. Standards Applicable to Conditional Use Permits. The approving body shall review the particular facts acid circumstances of each proposed conditional use and shall fmd adequate evidence to show that the proposed use will: (1) Constitute a conditional use as established in Table 1, Zoning Districts, and Table 2, Land Use Schedule. (2) Be in accordance with a specific or general objective of the City's Comprehensive Plan and the regulations of this Ordinance. (3) Be designed and constructed in a manner to be harmonious with the existing character of the neighborhood and the zone in which the property is located. (4) Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibration, improperly directed glare or heat, electrical interference, odors, dust or air pollutants, solid waste generation and storage, hazardous materials or 12 • f waste, excessive traffic generation, or interference with pedestrian traff c. (5) Be adequately served by essential public facilities and services such as access streets, police and fire protection, drainage structures, refuse disposal, water and sewer service, and schools. If existing facilities are not adequate, the developer shall show that such facilities shall be upgraded sufficiently to serve the proposed use. - (6)-Notgenerate traffic-in excess of-the capacity ofpublic-streets or access-points serving the proposed use and will assure adequate visibility at traffic access points. (7) Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. (8) Be compatible with the slope of the site and the capacity of the soils and will not be in an area of natural hazards unless suitably designed to protect lives and property. (9) Not result in the destruction, loss or damage of a historic feature of significance to the community of Rexburg. C. Supplementary Conditions and Safeguards. In granting a conditional use permit, the approving body may prescribe appropriate conditions ar~d safeguards. Such conditions to be attached to the permit may include but not be limited to: (1) Minimizing adverse impact en other developments. (2) Controlling the sequence and timing of development. (3) Controlling the duration of development. (4) Assuring the development is properly maintained. (S) Designating the exact location and nature of development. (6) Requiring the provision for on-site or off-site public facilities of services; (7) Requiring more restrictive standards than those generally required in this Ordinance, Steve McGary seconded the motion, the voting was as follows: Those Voting Nay Those Voting Ave Winston Dyer Steve McGary Jerry Hastings David Stein Ted Whyte Mike Ricks Mary Haley DaVawn Beattie Doug Smith Jordan Dyer The motion carried. Discussion on Medium Density Residential Zoning. Many of the Commissioners recommended changing the Zoning Ordinance. Kurt Hibbert was asked to make note to have this portion of the Zoning Ordinance revised in the next revision. Winston Dyer -The Commission has been charge with managing growth while preserving residential neighborhoods. Winston excused Robert Schwartz anal Shawn Larsen from the meeting. 13 • (fi• New Business: Site Plan Review -South Hampton Apartments -Corner of 6th South and 3`d West - Scott Spaulding Scott Spaulding -Reviewed-the situ-plan-for-South Hampton Apartments on the overhead screen. 6-eight pleas and 4-four plea (64 dwelling units for married housing). The required parking is 128 parking stalls. There will be less than 40% of the stalls for compact cars. Site drainage was reviewed. New sewer and water connections will be installed on Sth South. There will be new roadway installed on the development. Ted Whyte -Reviewed the storm water containment area. There will be two fire hydrants to serve the development. The development will tie into the City Storm drain. Street alignment and connection of the streets to existing City of Rexburg streets was discussed. The development needs to tie into 6th South. Mary Haley -Reviewed the green space for the development. Scott reviewed the green space area on the Site Plan. Winston Dyer -Commented on the parking stalls that are located in the 22 foot Driveway. Mary Haley -Reviewed the area planned for snow storage. She asked where the playground area would be for the children in the development. ~, • Discussion on the parking stalls for the site plan. Mike Ricks -Reviewed the compact parking stalls for the development. Mike is concerned with the practicality of the Zoning Ordinance allowing a 22 foot driveways. Kurt Hibbert -Reviewed the City Staff concerns with the site plan. The Staff has not completed their review of this site plan. The ]Fire hydrant will be accessible year around. Staff is concenied with the fire hydrant being covered with snow. Winston Dyer -Reviewed the access to the fire hydrants for the Fire Department. Ted. Whyte -There are 6 stalls that need to be relocated for the entrance to work. Winston Dyer -Reviewed location of~ a five foot sidewalk in front of the building. Discussion on the snow storage being behind the parking area. David Stein -This proposal is meetin€; the bare minimum for the Zoning Ordinance. 14 • Scott Spaulding -The Kensington Apartments were criticized for having the back of the building face the • street. Scott indicated that these apartments are very pleasing to look at with the parking behind the building. Kurt Hibbert -This site plan has not been approved by Public Works at this time. Mary Haley -Requested additional information on this Site Plan before the Plan is approved. Winston Dyer -The Commissioners are concerned with the lack of a City Staff report on this Site Plan. Stephen Zollinger - If the City Staff fails to offer a report to the Planning and Zoning Commission, the Commission is to consider that it is approved under State statute. The Statutory maximum review time is 30 days. The City of Rexburg has requested a two week review period. Winston Dyer -Indicated that the Commission can defer agenda items until there is a complete application. Mary Haley moved to table the request until the parking on the West exit and the parking & snow removal can be addressed on the Southeast end of the site. David Stein seconded the motion, Discussion on having the developer provide additional information on the Site Plan. All voted aye, none opposed. The motion carried. Request for Conditional Use Permit - 361 East 4th South -Valerie Doggett • - (Existing Pre-School) Murray Doggett - 361 East 4~' South -Reviewed the proposal on the overhead screen. The home has been used as an apartment and day care center. The property is in ara LDR1 Zone. The request is to have apre-school in a home that is Zoned LDRl. The children are between 3 and. 4 years old. There are 10 or less children at the pre-school at any one session. They are requesting an approval for an existing use of apre-school for the past 7 years. Kurt Hibbert -The Staff has reviewed the home and pre-school for life safety issues. Steve McGary -Inquired about the grandfathering clause. Discussion on the need. for a Conditional Use Permit for Home Occupations in Chapter 9 page 64. 17. If the home occupation is the type in which classes are held or instruction is given to more than one person at a time, there shall be no more than six students or pupils in the dwelling unit or on the premises at any one time. Mary Haley moved to send this request to a Public Hearing for a Conditional Use Permit for a Home Occupation Permit at 361 East 4`h South, Jerry Hastings seconded the motion, Discussion Paragraph 16 and Paragraph 12. 15 • ~ ": • 12) No equipment or process shall be used in a home occupation which creates noise, place, vibration, or fumes, or odor detectable to the normal senses off the property. 16) Under this section, a family child care may have up to six children at any one time. The care of additional children shall require a conditional use permit under chapter 6.13_ Valerie Doggett -The neighbors have offered support for the proposal. She does not plan to expand the number of students. Winston thanked the Doggetts for their patience. All voted aye, none opposed. The motion carried. Request for a Billboard Sign - 499 Airport Road -Meadow Outdoor Advertising - Rick B. Eardley Stephen Zollinger -Requested that this request be tabled for two weeks to allow Staff review. Mike Ricks moved to table the request, Jerry Hastings seconded the motion, all voted aye, none opposed. The motion carried. Request for a Conditional Use Permit - 342 South 4th East -Gordan & Chantelle Madson This request was not brought off the table. (It was tabled for 60 Days October 17, 2002) ~'~-~ Design Standards -Kurt Hibbert Kurt Hibbert -Reviewed examples of zoning in other cities. The examples were reviewed by the Commissioners. They were very interested in the information. The zoning in Provo, Utah was discussed. Winston Dyer -Commented on the next step that the Commission needs to take to proceed to incorporate new zoning categories into the Rexburg Planning and Zoning Ordinance. The process of implementing new zone changes was discussed. It is the same procedure as with other Ordinance modifications. Discussion on preparing a model zone scheme for the City of Rexburg. Stephen Zollinger -Commented on the creation of new zones for Rexburg. New zones can be created, however, they can not be implemented until a new Zoning Ordinance has been approved. Stephen offered a copy of the- Zoning Ordinance for Moscow, Idaho. Anew list of zones needs to be created and assigned on the Zoning Map. This Map can then be sent to Public Hearing. 16 r • Discussion on the differences in Commercial Zoning for Provo, Utah and Moscow, Idaho. Provo has • micro managed their Zones. Discussion on the methodology to use for the Rexburg Zoning Plan. Winston Dyer -The Commission is in agreement to modify the code (General Recommendations would be in order for the Zoning. changes) Kurt Hibbert -Provided some examples of Design Standards to the Commission. Jerry Hastings -Commented on the need to be consistent in the application of the Zoning Ordinance. Jerry wants to be fair with the applicants. He would like a Zoning Ordinance that can be applied fairly and consistently. DaVawn Beattie -Commented on the quality of the Provo Zoning Ordinance. It has been developed over many many years. Ted Whyte -Requested that the new zoning for Rexburg needs to be designed for the City of Rexburg. It needs to be sized for Rexburg. The new zones need to be pertinent to Rexburg. Jerry Hastings -The Comprehensive Plan is the over view for City Planning. Discussion on fine tuning the current Comprehensive Plan and adding some new zones to the list. Winston Dyer -The meeting for November 21, 2002 will be used to continue this discussion on new • zarles for the Planning and Zoning Ordinance. Winston Dyer -Design Standards will be reviewed in the December O5, 2002 ...eeting. The pending requests will be deferred. Kurt Hibbert -Reviewed some of the design standard that were given to the Commissioners. One issue that is affecting Rexburg is the three car garage requests on small lots. Mike Ricks -Commented that a developer needs to notify lot buyers of the limits imposed on the development of the property by the size of the lot. Ted Whyte - A three car garage can be accessed on the side of the home and still fit on a smaller lot. Jerry Hastings -Reviewed the issues of selling lots that are un-plated. Discussion on notifying the public of the green space requirement for residential housing before they buy the property. Small lots are a problem for three car garages. Kurt Hibbert -Commented on a pending request from residents to re-zone some of the area on 3rd East from LDR 1 to LDR. 17 • Winston Dyer -Indicated that the Comprehensive Plan would drive Zoning. The six month waiting period has expired. There are requestors that are asking for Comprehensive Plan changes. The current Comprehensive Plan is an excellent foundation to use in this review and re-design process. Mike Ricks moved. to -have the- road vridths on private property be set at 30 feet with the parking stalls at current lengths or increase the full size parking stalls to 20 feet and the compact parking stalls to 18 feet with a 24 foot isle width. Jerry Hastings seconded the motion, (Discussion on two way traffic driveways through parking lots). The motion was withdrawn. Stephen Zollinger -Reviewed the Planning and Zoning Commission's charge to give technical recommendations based on the Planning and Zoning Ordinance. Adjourned November 8, 2002 (12:40A1V>7 • 18 ~` •