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HomeMy WebLinkAboutP&Z MINUTES DECEMBER 19, 2002REXBURG PLANNING & ZONING December 19, 2002 7:00 p.m. Chairman: Winston Dyer -- - --- - - IGlembers: Robert Schwartz -Excused Ted Whyte DaVawn Beattie -Excused Mike Ricks Steve McGary Doug Smith -Excused Jerry Hastnlgs Mary Haley -Excused Jordan Dyer David Stein P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger -Excused City Clerk Blair D. Kay • 1. Consent Calendar: The consent calendar includes items which regulre formal Planning ~ Commission action, however theyare typicallyroutrne or not ofgreat controversy. • Individual Commission members mayask that anyspecrfic item be removed from the consent calendar for discussion rn greater detail. Explanatory information is included in the Planning Comnzrssion's agenda packetregarding these items. i. Minutes from the November 21, 2002 meeting ii. 450 South 4`h West -Site Plan Review -Request for 11 units with 6 females per unit and one managers unit. iii. Steiner Ave -Site Plan Review -Three Residential Units with proposed easement for rear lot parking. iv. 350 Yale Ave -Request for a Conditional Use Permit for a married unit apartment. v. 236 North 3'd East - Request a Conditional Use Permit for a Day Care Facility for Children vi. I OZ K Street - Request a Conditional Use Permit for a duplex built in 1972 vii. 479 Harvard - Request a Conditional Use Permit for an apartment for married housing (Basement apartment for the last 6 years.) Winston Dyer -Introduced the Consent Calendar to the Planning Commission. Winston excused Mary Haley and DaVawn Beattie from the meeting. This meeting was intended 1 • to be a work session; hov~~ever, the requests were piling up and they needed to have some Commission action. Consent Calendar items can be removed from the Consent Calendar by a single Commission T/Iember for discussion. Consent Calendar items No. 2 & No. 3 were removed from the agenda to be approved by Staff. Consent Calendar items No. 4 through No. 7 were approved by Staff to go to Public"Hearing. Discussion on the Consent Calendar items. Ted Whyte made a motion to approve the Consent Calendar excluding items No. 2 & No. 3; Jerry Hastings seconded the motion; none opposed. The motion carried. Noncontroversial Items Added to Agenda Zoning Compliance -Kurt Hibl~ert Kurt discussed the compliance issues before the City Staff at this time. Health and Safety reviews and compliance reviews are being conducted. Most of the compliance issues are actively being worked on to come into compliance. Public Hearing -None Winston Dyer -Commented on the Planning Commission past situation of being in a reactive mode to help support the need for additional housing in Rexburg. He indicated that i current and future decisions will be based on the a proactive position. Winston ~~ • mentioned the University's proposal to engage in the housing market. This will allow the Plamiing Commission to make decisions based on the Vision (Comprehensive Plan and Zoning) for the Community. Some requests may not fit into the Comprehensive Plan and Zoning for the City of Rexburg. Winston Dyer -Mentioned that tl7e City Council approved the first reading of the RR2 Zone. It will have a reading on January 08, 2003 and a third reading on January 22, 2003. The Commissioners began discussion of the backlog of items on the current agenda. Planning and Zoning Agenda items for Consideration: These Items may not have complete information (i.e. Unapproved new zones or they may require Comprehensive Plan changes). Annexation and/or Rezone requests for MDR2 (Unapproved Zone) 1) 230 North Hwy 33 -Applicant requests annexation with an MDR2 zone. The plan is to subdivide the property for residential lots with Commercial zoning on Hwy 33. 2) 3 55 West 2"d South - .Applicant requests a rezone from MDR to MDR2 for three 6-Plexes. 2 r~ Discussion on tabling items No. 1 & No. 2 until a Zone has been created that will validate the request for a Zone change. David Stein moved to table items No. 1 & No. 2 until an RR2 Zone has been approved by the City Council. Mike Ricks seconded the motion; all voted aye, none opposed. The motion carried. 3) 405 West 4th South -Applicant requests a rezone from HBD to MDR2 for multiple units of married housing. 4) 358 West 4th South -Applicant requests a rezone from HBD to MDR2 for multiple unit housing. 5) 368 West 4th South -Applicant requests a rezone from HBD to MDR2 for multiple unit housing. Discussion on requests No. 3, 4, & 5 falling under the same discussion as items No. 1 & No.2. There is not a valid Zone available to them at this time. Rezone Requests from HBD to HDR 1) 431 West 4th South -Applicant requests a rezone from HBD to HDR for married housing. 2) Near 451 West 4th South -Applicant requests a rezone from HBD to HDR for Single bedroom married housing. 3) 357, 369, 371 West 4th South -Applicant requests a rezone from HBD to HDR. (Possible Comprehensive Plan Change) Winston Dyer -Reviewed the concept behind these Zone change requests. It is to convert 4th South from Highway Business District to Multifamily Residential Zoning. Should these requests be considered for further input from the public? Winston invited comments from the requestors to indicate why these proposals are in the best interest of the Community to change the Zoning from Highway Business District to Multi-family Residential Zoning. Jared Sommer - 3614 North 3000 West -Jared aquired an option on two parcels of property East of Les Schwab Tire. Jared explained his plans for the future of the properties. He commented on the recent Zone change for the Erickson Pontiac Property from Highway Business District to a High Density Residential Zone. Jared mentioned the Wadholm property which recently was rezoned to High Density Residential just North of 4th South. It was • LJ • reviewed on the overhead screen. Jared expressed a desire to improve the property on 4th South with residential development. He commented on the traffic moving to 1 lth South with the new South proposed entrance to Rexburg. Trent Birch - 357 4th South - He owns the CJ Motel -Trent commented on his property on 4th South. He indicated that 4th South will not be a good location for commercial development. He indicated that apartments are-being built all around his parcels. He wants put apartments on the 4t'' South property. Trent reviewed the commercial properties in Rexburg that have gone out of business. Discussion on the future of the 4th South Corridor. This particular area has had limited commercial prospects. Winston reviewed the growth on the South side of Rexburg needing a local commercial area. Horizontal and Vertical Zoning were mentioned as possible SOl'u'tionS to rile iu+'ure ciiliuiierciai needs of the COillrrluillty. Jerry Dyer -Reviewed the a ourth in the 4th So„th area, Jeri-y did not believe that the Enclison Pontiac Property would be a good commercial site due to the hwy intersection at that location. Jerry mentioned a letter from Mr. Bill Miller encouraging the Commission to have planned landscaping'for apartment developments. Jerry indicated that the tools are not currently available for the Commission to adequately plan for City development. Mike Ricks -Commented on the history of the 4th South properties. He indicated that some of • the property has been idle for a long time. The North side o'f the property has shallow lots for business-purposes. Mike is inclined to have housing on 4tl' South. David Stein -Indicated that conlinercial areas need to be close to the University. David would like to present design standards to the City Council for building construction." A three story apartment next to a ranch style residential home is sad. He would like to have a discussion with City Cou-ncil on design standards before changing any of the Zones. Ted Whyte -Commented on the growth patterns of a City. Students bring in Professors, and corrlirnercial developiner~i: will Willow the growth of resider~tial. Ted reviewed the properties on 4th South tb~at have been possible sites for commercial growth. As 1 lth _' South evolves, Ted indicated that more commercial businesses will seek property on the South end of Rexburg. Jerry Hastings - He indicated that the Commission has spent two years running on one leg. Jerry would prefer to keep 4th South as HBD. There needs to be some time given to the area to allow for commercial planning. David Stein -This area on 4th South is ail ideal location for a mixed zone. i 4 • Ted Whyte -Reviewed the Commercial growth near and around Boise State University over the past 10 years. John Millar -Reviewed the plans for the Rexburg South Arterial. A comprehensive traffic report was reviewed. John indicated that 6000 vehicles a day use 4th South with increases projected in_the future. Traffic patterns for 2026 has projected continued traffic growth on 4th South as a maj or South Rexburg arterial with a traffic light anticipated at 2"a West. John discussed a "Housing Needs Assessment for Rexburg". John indicated that current growth has surpassed the growth studies anticipated for 2010. Discussion on the planned growth for the University. The Housing Needs Assessment was given to the Commissioners. Jerry Hastings -Requested that the Commission take more time to study proposed Zone changes before taking any action to change the current Zoning. Jerry Hastings moved to deny the rezone requests in the area of 4th South from HBD to MDR2 and from HBD to HDR for the following requests: 405 West 4th South -Applicant requests a rezone from HBD to MDR2 for multiple units of married housing. 358 West 4th South -Applicant requests a rezone from HBD to MDR2 for multiple unit • housing. 368 West 4th South -Applicant requests a rezone from HBD to MDR2 for multiple unit housing. 431 West 4th South -Applicant requests a rezone from HBD to HDR for married housing. Near 451 West 4th South -Applicant requests a rezone from HBD to HDR for Single bedroom married housing. 357, 369, 371 West 4th South -Applicant requests a rezone from HBD to HDR. (Possible Comprehensive Plan Change David Stein seconded the motion to deny the 6 requested zone changes; Mike Ricks opposed the motion; everyone else voted aye. The motion carried. Comprehensive Plan Change Requests 5 • ~'"• 467 East 7th North -Applicant requests annexation with an MDR zone with the East half needing a Comprehensive Plan change from single family residential to Medium Density Residential (MDR). Jerry Hastings has property next t:o this property and asked to remove himself from the table. Kurt Hibbert -Reviewed the proposal on the overhead screen. The request will require a Comprehensive Plan change. The Comprehensive Plan was reviewed on the overhead screen. David Stein -Reviewed the area on the overhead screen. He had spent some time looking at the area for the Commission. David discussed the need to have a transition area to buffer the residential area under development at this time. Mike Ricks indicated that a roadway could be a satisfactory buffer for a residential area. Winston Dyer -Commented on the need to take more time to fit this request into the bigger picture. Winston asked if~ the City of Rexburg is in need of additional multifamily Zoning at this time and is this the right area for additional multi-family Zoning. He indicated that this request puts the cart ahead of the horse. Any decisions on this area at this time would be premature, before the Comprehensive Plan is reviewed. Ted Whyte -Concurred with Winston's assessment of the area. ~~ David Stein moved to deny the Comprehensive Plan change request and consider this area in the overall Comprehensive Plan review; Ted Whyte seconded the motion; Discussion on a majority vote. All voted aye, none opposed. The motion carried. Steve McGary joined the meetin€;. Rezone Request from LDR to I.DRl 477 Yale -Applicant requests. rezoning to LDRl to allow a residential family housing. The property is currently being used for single family housing for two units. Kurt Hibbert -Reviewed the proposal on the overhead screen. The apartment was built without City of Rexburg approval. His request is to rezone the property to allow an approved apartment. This would baring the existing apartment into compliance. Winston Dyer -Reviewed the history of the request. The apartment is under a City Zoning violation. The applicant i_s seeking a legal right to have the apartment under an LDRl 6 Zone before the asking to be included in a neighborhood rezone request to LDR. • Winston indicated that this is his response to an enforcement action. Mike Ricks moved to deny the rezone request; David Stein seconded the motion; all voted aye, none opposed. The motion carried. Rezone Request from LDR1 to LDR Rezone a neighborhood from LDR1 to LDR which includes properties South of 3rd South to properties facing North on Stl' South. The West properties face 3rd East, including the properties on the West side of 4th East. Properties adjoining 3rd East, Yale Avenue and the West side of 4th East are affected. See map for details. Kurt Hibbert -Reviewed the proposal on the overhead screen. Kurt deferred to David Pulseipher (neighborhood representative). David Pulsipher - 313 South 3:d East -Reviewed the desires of the 3rd East neighborhood association. David reviewed the different types of homes in the neighborhood. They have a nice close community. They are interested in preserving single family housing next to the University. There are a limited number of homes that currently have apartments in the home. There are 81 parcels that included in this request. Four are vacant lots. Seventy-seven of the 81 parcels have homes on them. Five lots are single family homes with duplexes. They would prefer to have families living in the area. • Seventy two families are living in their area. This is 81 % of the residents that would like to go to LDR. One person would Like to have a basement apartment in their home. Currently there are six basement apartments in the group. Two have conditional use permits for apartments in the last couple of years. Two others have submitted requests for Conditional Use Permits. Two apartments will give up apartments and did sign the petition. They would prefer a more restrictive zoning. All but two have signed a petition to rezone the area. (See map on file) Winston Dyer - Thanked the applicant for the complete and thoughtful request. Questions on the origin of the group on the request. They are seeking neighboring blocks to join in the effort to change the zoning to LDR. Winston reviewed the list of home owners that have requested a zone change. Landlords who live out of the area were not signers of the petition. Winston asked for David's candid thoughts on the people who signed the request to rezone the neighborhood to LDR. Winston asked if the neighborhood residents are really supportive or just accommodating the request. 7 • • David Pulsipher -Indicated that most of them were enthusiastically in support of the rezone request. There is a lot of strong feelings in the neighborhood over this issue. They are very appreciative of the effort that is being put forth to get this area rezoned. Ted Whyte - He endorsed David's comments on the effort to get the neighborhood rezoned. Ted mentioned that his wife has had numerous calls from residents in Sherwood Hills complaining about compliance issues concerning the Protective Covenants which -_ prohibit apartments. After a subdivision is completed, the architectural control committee for the subdivision would enforce the Protective Covenants. Winston Dyer -Commented on the process of sending this request to Public Hearing. Steve McGary -Asked if the neighbors would support this proposal in a Public Hearing. David estimated that two or three people in the neighborhood may come to the Public Hearing and testify against the proposal. Jerry Hastings -Sherwood Hills has Protective Coventant against basement apartments. Anyone that comes to testify against this proposal will have to comply with their Protective Coventants. Discussion on the residents on Harvard Avenue being interested in this proposal. • David Pulsipher -The association is primarily interested in stopping future apartments. Shawn Larsen -Indicated that his Aunt lives on Harvard Ave. Shawn indicated that she is not interested in having apartments on her street. Jerry Hasting -Commented on the older homes on Harvard Avenue that have apartments. What is the mechanism to enlarge this proposal to include homes on Harvard Avenue? Winston Dyer -Indicated that this proposal will remove a property right to have an apartment in an LDR1 Zone. He spent time exploring the desires of the neighborhood with David before proceeding. David Pulsipher -Indicated that there are other neighborhoods in the area that may want to join this effort. Winston Dyer -Commented on his support of this request. David Stein -Commented on expansion of the original request. He did not desire to expand the area to areas that have not been included in the discussion. 8 ~. • Ted Whyte moved to send this request to rezone from LDRl to LDR with the boundary as • shown in the application; Mike Ricks seconded the motion; Discussion on having eight homes on the East side of Harvard Avenue included in the request. Ted Whyte amended his motion to include the East side of Harvard Avenue between 3rd South and 4th South. John Millar indicated that zoning must be done with the Community's interests as a whole in mind. Steve McGary mentioned that this would create a natural barrier for Residential homes in the neighborhood. Discussion on the homes on Harvard Avenue _-_ having the ability to withdraw from the request if they are opposed to the proposal in the Public Hearing. Mike Ricks amended his second to the motion to include the homes on the East side of Harvard Avenue. All voted aye, none opposed. The motion carried. The Planning Commission will meet on the 9th and the 16th . The meeting on the 16th will have some Public Hearings. Unfinished/Old Business: Work Meeting on the Comprehensive Plan and Zoning Winston Dyer -Presented some zoning issues on the white board for discussion. The members were allowed three votes to prioritize the discussion items. Issues #1 Issue #2 Issue #3 Issue Road Width 1 111 Bldgs (Behind) 1 11 111 Conversion of • Single Fm Hm 111 11 1 Design Stnds 1 V 11 1111 Mixed Use zone 11 1 11 Compliance 2 Discussion on design standards being applied to Zones in Rexburg. Kurt will have a new zone change document for the 9th of January, 2003. If possible, Kurt will have the design standards available before the 9th of January meeting. Kurt provided handouts to the Commissioners on possible new Zones used in other Cities. Discussion on the number of parking stalls that can be placed in a back yard before it is considered a parking lot and fall under parking lot specifications. Kurt indicated that up to four backyard parking stalls can be allowed without parking lot requirements being applied. A full 22 foot wide access is required for parking lots. • Discussion on the lot size restricting the type of development that can be allowed on a lot. ` • Building size requirements and required set backs could possibly eliminate questionable shoe horn developments. It would allow deeper lots and have the opportunity to have some form of development. It was recommended that each building would have it's own setback requirements. Discussion on these new Zones and concepts. for multi-family zones in Rexburg. General Design - --- Standards are preferred to show limits like having minimum building lengths. A general indication of building lengths not to exceed 160 feet was recommended. The City of Rexburg Building Department can review the Design Standards for enforcement. It was recommended that a ratio of building heights be applied to determine the heights of new buildings to adjacent buildings. Discussion on the new definition of a family as adopted by the City of Rexburg. This definition may impact some zoning issues in Rexburg. An existing use would have to be abandoned for one year before the use would loose the grandfathered status. The new definition of a family as adopted by the City of Rexburg August 20, 2002, is as follows: "A group of one or more- persons occupying a dwelling unit and living as a single, nonprofit 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 kinship; B) The group is divisible into two subgroups, 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 67-651 or in Title Vll of the Civil Rights Act of 1968, as amended by the Fair Housing Act Amendments of 1988, or any subsequent amendments to the foregoing regulations." The Commission will focus on thf; following issues: 1) Buildings that are requested to be built behind a residential home. (i.e. Four Plex) 2) Single family home conversions into apartments. 3) New Building Construction Design Standards 10 The Commission indicated that a building height ratio of stepping down from taller buildings to • lower profile buildings is recommended. The following issues will be reported on by Commission members on the 9th of January, 2003. 1) Comprehensive Plan Map reports. 2) Single family home conversions to multi-family housing. ___ __ __ -- _ - 3) Kurt Hibbert will provide zoning changes or additions for Commission approval. Adjournl2/19/2002 10:51 PM • 11