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HomeMy WebLinkAboutP&Z MINUTES JANUARY 09, 2003REXl3URG PLANNING & ZO?~IING January 09, 2003 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz Ted Whyte DaVawn Beattie -Excused Mike Ricks Steve McGary Doug Smith -Excused Jerry Hastuigs Mary Haley Jordan Dyer David Steul P.P.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay 1, ('p_>2 cPnf l'ale*Z(laI'. 77iP c~Ot'~e.'~'t Cale~l.~ur ii<C~u'u~=u it~e[i[u i%r~iii c:[[ 1GCI l[1Le 1Vl.Z~1d~ I~latrning ~nmr»_rcci~n a~tynn~ Z'J'rVeVer tt1.°y'8re yylCaiy'iviii22 Gri[vt of ,Yl`e~ct cor2troversy Individual Cornruissiozi meuibersmayask thatazzyspecifzcitem be removed from the consen t calendar for dzscussion izz greater detail. Eaplar~atory iz2formation is i~cl~>aed i.: ~~e .r'lar[r[i ~~g Cvm.trzissiur~'s ab enda pac[ret rebardizzg these items. i. Minutes from the December 05, and December 19, 2002 meetings ii. 1 74 College Avenue -Request for a Conditional Use Permit for dormitory style housing Zoning Compliance request for existing housing -Richard Taylor iii. 228 East 2nd Soticth -Request for a Conditional Use Permit for aduplex -Lee Ward iv. Spring Creek -Division #1 Preliminary Plat 5`'~ South to 6"` South on 3rd West (Name change required per Kurt Hibbert) D.,._. ., Ted Whyte moved to approve the Consent Calendar as ~menriPrl to contain l74 CoIiPQP AvP 228 East 2"d South ar~d t he Preli~l~inary Plat for Spring Creek; David ,Mein seconded the motion; ~i_ctv~lccinn• all t7nfPr3 ava nnnP nnr~naa~ Tub iu;~ivu Carri2u. ~.., ,. rt,..,~..... Site t Ian Approval glen 13. heed Apartments - 2 Bld~s 450 South 4`a West (Deferred by applicant) • ~8~ North 2nd East -Request for a rezone from Light Industrial (I,I} to ~Ii~h~=av Business District (HBD~ -Site Plan review included -Cameron Gunter Cameron Gunter - 10x2 East 1200 South Springville, Utah -Reviewed the site plan on the overhead screen. There were a number of new business ventures reviewed in the site plan. A greenway would be installed along the South part of the site plan with a «=alking bride across the river. Some of the tenants can not be disclosed due to ongoing negotiations. Cameron indicated that the site plan proposal is planned under a proposed mix zone for the development. They plan to have a bowling alley with a pizza shop in one of the builciilgs. They are negotiating wiirl a theater to come into another building. TlieS= are hopeful to straighten up the intersection at the Wendy's access off ?xid East. Cameron mentioned plans for a greenway project on the property. They are hopeful that the City of Rexburg will maintain the green wa;~. Kurt Hibbert - R ern ewed the Comprehensive Plan and die Zoning 1VIap on the o verhead s~_reen. Discussion on the Comprehensive Plan sho~x=ing the latest changes. Jerry Hastings udicated that light Industrial was o1i the East side of the rail road tracks on the February 2001 map. Kurt Hibbert -Indicated that the Zoning map shows Light I~Zdustrial and the Comprehensive Plan map shows Commercial for dais area. The requestor plans to ask for a mixed zone overlay at this location at a latter date. 3errv Iia. tinas -Reviewed the Zoninb Map on the overhead screen. Kurt Hibbert indicated that future zoning for Light Industrial needs to be reviewed. David Stein -Commented on the need for design standards to be applied to the construction project proposed for this area. Lary mo~'ed to send thus request to a Public nearing; Ted ~dhyte seconded the motion; all voted aye, none opposed. The motion carried. Cameron Gunter - Ii1di_sated that his company would provide a site plan. for the Comrr~ission at the Public Hearing. 264 North 3rd West -Request for a Conditional IJse Perauit for aduplex - Leonard Kull' ~illvv~i~ l~~, vtt. vV'eu liil~ vl ViJV Jal. LV 1.V1.1ve1L L1.1G U~1.JG1L~111 I11 Iflr f~ofYle iQ aYl apat`i1"j~ei'it_ ~ fle parking has not been reviewed. The Commissioners discussed the location on the overhead SCTeen. T lie latent iS tCi iiavc iitaii! ed izousing_ Ted Whyte was concerned w7th th_e size of the Home. • Discussion on other apartments in the area. This location is a block away from Walters Ready Mix Plant. David Stein moved to send the request to a Public Hearing; Ted Whyte seconded the motion; all voted aye, none opposed. The motion carried. Continental Park Condominiums Final ~roval -North West Corner of West-7th South Kurt Hibbert -Reviewed the proposal with the Commission on the overhead screen. The proposal is to change the complex to a Condominium Complex with a new Plat. Discussion on the type of ownership that would be involved with the complex. Ted Whyte -Explained-that it would increase the. turn around time for the developer's investment. Buying these would be similar to paying rent. Young married couples and elderly people have shown an interest in buying the units. A Homeowner's Association would include items like insurance, snow removal and yard care. The Protective Covenants for this development are being reviewed by the City. The parking requirements are still 2 parking stalls per unit. This development is called a Planned Unit - Development (PUD). .i erry Hastings -The Protective Covenants become part of the legal deed. Discussion on the responsibility of the Commission or the City of Rexburg to regulate construction projects and construction types. This building project will be utilized to provide private ownership to students of the University. Mike Ricks - Indicated a favorable response to the proposal He commented on the current traffic delays being experienced on the South side of town. David Stein -Indicated that it is a good proposal for the low income home buyers. Ted Whyte -Reviewed parking issues and University controls that will protect the units from being used as singles units. Discussion on the response given to the City of Rexburg on apartments that are coming into compliance. 'The definition of family needs to be incorporated into the PYvt'P~ty ~7P ~~~7Pnan+~ Tic i-eniinc+ ~ +~ +.~ ~ l..a~ ~ ~l +1« +„1 pl,.+ u.~ ..{u~.o~ i.i w K,o w a lJ UV Ui vlJlolll lal 11 Vlll a 1e11LQl 1cLL. Steve McGary -Indicated that the Commission does have a choice on approving or not • approving the plat. He mentioned that the units would be a good starter units for new buyers. Mary Haley compared this complex with condo complexes in other areas. David Stein moved to approve the nnai Plat for Condominiums with a recommendation that the units be used for family housing with 2 parking stalls; Mike Ricks seconded the motion; all voted aye, none opposed. The motion carried. Noncontroversial Items Added to Agenda -None 7iZ'iiiIlnd C~i~~iilailC~ - i~ui~ iiibl'iEl`i Kurt Hibbert -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. Certificates of Acl~nowledgernents were reviewed for those sites that come into compliance. Kurt mentioned that the building department is working on the Certificates. Discussion. on the University being aware of the Certificates of Acknowledgment. The City of Rexburg will notify the University when the Certificates are made available. The City does not regulate Ordinances based on the occupant being a student or anon-student. Public Hearin6 -1\Tone Un2mished%C11d Business: Work i~Reeting on the Comprehensive Plan and Zoning Jerry Hastings -Reviewed three items from the last meeting for recommended changes to the Zoning Ordinance. The first one was the conversion of single family homes into duplexes. 1) ~ Conversion of single family residents into du~le~es. a. IzP~oning to T T~IR from 7 I~I?1. K~u:-t reviewed the public response to the 300 foot notifications sent out for a public hearing on the 16t1i of January, 2003 to change a neighborhood to an LDR 'Zone from an LDR1 Zone. This Zone change would eliminate apartments in homes in that area. A packet insert on Accessory Apartments was reviewed. Kurt is sti.11 working on the new additions and changes to the amendments to the Zoning Ordinance far the City of Rexburg. Discussion on the future procedures for "Forced Annexations". The Planning and Zoning Commission wvill work elo.°i eiv wvith the vity Courl%11 to hQ.ve a ,-For l.ed. t` rirlGxA.t1V 11 Packet" prepared which will indicate any and all issues either for or against the annexation proposal. Jerry Hastings -Commented on the need for additional information to be presented to the public in an informational packet. The current annexation proposal should have had more information on issues like ground water degradation, etc. Jerry indicated that the owners of each parcel needs to know the nuts and bolts of the proposal. "Why it is being done" and "Who is controlling it" are questions that need to be answered.- The second reason for the information packet is to inform the City Council of the facts. Steve McGary -Indicated that the public needs to know why the annexation proposal is being proposed. Winston Dyer -Mentioned that the public will contact all parties involved in the process to make a difference in the final decision. Winston indicated that a master plan is necessary for proper planning of City infrastructure. The County does not have water lines and sewer lines to serve dense populations. This is a planning issue for the orderly and logical growth of the City of Rexburg. This planning process is needed to protect the residents from helter-skelter developments. Discussion on sewer districts being :formed in the County by residents. Jerry Hastings - Recommended a work meeting with the City Council to inform the Council of critical issues and reasons for the annexation proposal. Winston Dyer - Ylans to attend the next City Council Work Meeting on the 22nd of January at 6:00 p.m. in City Hall. Discussion on commercial businesses being annexed into the City of Rexburg. Kurt Hibbert -Reviewed an annexation of multiple properties that w7as recently completed by the City. Jerry Hastings -Commented on some of the testimony given at the City Council Meeting cr, January 08, 2003 that was incorrect. Jerry mentioned that those incorrect statements should have been xefuted. Jerry Hastings -Reviewed the Lamoreaux project. This project was not in the Impact Zone and City of Rexburg did not nave anyining to do with ihat development. Winston 1-7yer -Concurred with the discussion that the City of Rexburg did not have jurisdiction .^,n that develoNmelit bevause It vJas not ui the ixupaet gone of ti12 City. Ttie vi v of Rexburg did not have any chance to review that project. Winston indicated that annexation of properties will protect the property from inappropriate planning. • Jerry Hastings -Referred to a comment in a previous Commission meeting that the City of Rexburg is "We are inheriting a bird nest out there". Kurt Hibbert -Mentioned that the Lamoreaux project had County permits for four buildings last summer in their development. Jerry Hastings -Commented that they have one entrance (private driveway) for 90 units. Jerry projected the idea that they will probably ask for City Street status on that driveway t0 Obtain amity Of R2Xburg S feet Tiiuliitenance wltliin lVc years Of anneXatlOn. Winston Dyer -Reviewed the problems of property development changing the character of neighborhoods outside the boundaries of the efforts of the Planning and Zoning Commission. Some property owners believe that if they have a basement, they can have an apartment for rent. 1) Conversion of single family residents into duplexes (Continued discussion of items to limit single family home conversions) - b. Independent set backs for each building on a lot c. Mandatory street frontage d. 22 foot driveway for two way access e. Adverse impact on the neighborhood f. Declare permitted use changes in LDRl g. Lot size restrictions for LDRl apartments h. Accessory Dwelling Unit Codes in LDRl and LDR2 Zoning i. Conditional Use Permits for 12 month time periods. j. Require Business Licenses with an annual renewal for rental units Kurt Hibbert -Reviewed the policy in place in Orem, Utah to license all Accessory Apartments. Kurt will make applicable changes to the Accessory Apartment Code for approval by the Planning Com_r_rii ssio_n_. Stephen Zollinger -Commented on the U. S. Constitutional provision that allow someone to freely move about the County. That requirement includes the right to choose whether to live in the home or not live in the home. The Commission can not use owner occupied rcasvning w COi1~lu1 ~,ututi~. o~cpi~en i'evleweu lfle ~.OmI111SS10IlS reaSOrIS IOr distinguishing between renters and owners. Stephen indicated that a sunset clause would have to inc"rude more than when someone vacates the property. It would have to include a nrn~~icinn OftimP, An axamp,le ~z~n~µl"l he ±erminate flip Condltional vT`c,o ~rOVlslon uNOr1 r- the owner selling the property or at the end of 10 years. Stephen indicated that there has to be a rational reason for taking the Conditional Use away from the property, (Grandfathering goes with the property and can have a sunset clause which needs to include the element of time) Stephen Z,ollinger -Recommended that the Commission define their objectives and then they must have a rational basis for the objective. If the Commission's goal or rational is to eliminate multi-family housing in an area; then the Commission must Zone it appropriately. Stephen reiterated the fact that the Commission can not control the type of family that will live in a home. (i.e. Owner family or renter family} Discussion on whether renters or owners take beiter care ofproperty. Mary Haley moved to have LDR, LDRl and LDR2 limited to single family units; Mike Ricks seconded the motion; Discussion on the motion. Robert Schwartz indicate that the motion did not allowed enough flexibility. David Stein was concerned with the long term aspects of the moticn. Nc one voted in favor of the motion. They were all opposed. The motion failed. Steve McGary moved to recommend the inclusion of Accessory Dwelling Units as part of the Zoning requirements in LDRl and LDR2 with subsequent modifications as dictated in the ensuing discussion on Accessory Dwelling Units; Robert Schwartz seconded the motion; Discussion: Ted Whyte reviewed the number of bedrooms allowed for an accessory apartment. Ted commented on item 17-42-OSO limiting the bedrooms to one. Robert Schwartz requested to xemove the number of bedrooms from the Code.. The maximum occupancy was discussed. The Commissioners recommended removing the number of bedrooms from the Accessory Dwelling Code and making "two individuals" the maximum number of individuals per Accessory Dwelling Apartment. Kurt Hibbert will make the appropriate changes to the Logan, Utah Accessory Dwelling Code for inclusion into the Amended Rexburg Zoning Ordinance. The new Accessory Dwelling Code will be presented to the Planiung Commission for approval at that time. A one time fee for the Accessory Dwelling Unit Permit will be charged. If the annual Business License for the Accessory Dwelling Unit is not renewed, the original fee will expire. A new fee will be required before the Accessory Dwelling Unit permit can be renewed. A vote on the motion was taken to include Accessory Dwelling Units into the amended Zoning Ordinance for Rexburg; all voted aye, none opposed. The motion carried. Winston Dyer -Requested the Commissioners be prepared to discuss the following topics at the next meeting. 1. Report on the Comprehensive Plan recommendations Tl C+,....,7,...,7,. ~'....~+1. .. ri i 2. resign ~~cuiuaiu~ svl L11G l,oilJt! Ul.t!on o1 oUI!d~ngs Adjourned • '