HomeMy WebLinkAboutP&Z MINUTES JANUARY 16, 2003REXBURG PLANNING & ZONING
January 16, 2003
7:00 p.m.
Chairman: Winston Dyer
Members: Robert Schwartz -Excused
Ted Whyte
DaVawn Beattie -Excused
Mike Ricks
P.F.C.
P & Z Administrator
City Attorney
City Clerk
Steve McGary -Excused
Doug Smith -Excused
Jerry Hastings -Excused
Mary Haley
Jordan Dyer
David Stein
John Millar
Kurt Hibbert
Stephen Zollinger
Blair D. Kay
ConsentA~enda: The consent agenda includes ztetns r-vhich require formal Planning
Commission action, hou~enertheyare typieallyroutlne or notofgreatcontroversy. Individual
Coznmissron members mayask that anyspeclfic item be removed from the consentagenda for
discussion rn greater detail. E<Xplanatoryinformation zs included in the Planning Commission's
agenda packet regarding these items.
i. Minutes from the January 09, 2003 meeting
Deferred approving the minutes to the next meeting.
New Business:
Comprehensive Plan Change request (1St North to 1St South on East Main Street)
East Main Street Neighborhood Association
Kurt Hibbert -Reviewed the proposal on the overhead screen. The request is to change
two blocks on the Comprehensive Plan from Commercial to Residential. The
zoning map indicates a residential zone with a professional overlay for part of a
block.
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Raymond Hill - 228 East Main Street -Representing the East Main Street
Neighborhood Association gave the proposal to the Commission to change the
Comprehensive Plan on the East end of Main Street. The current use of the
properties is for Commercial and Residential with a Professional Overlay on the
Residential Neighborhood. Grandfathering of existing use would be allowed
under the proposed change of the Comprehensive Plan. The leadership of the
organization discussed the issue and decided to present the proposal to the City
of Rexburg.
Discussion on the proposal being deferred until there is a review of the entire Comprehensive
Plan in a Public Hearing.
Ted Whyte moved to table the proposed changes until the Public Hearings are held on
the Comprehensive Plan; Mary Haley seconded the motion; Discussion on the
timing of bringing the request off the table and moving the proposal ahead with
other proposals to change the Comprehensive Plan. All voted aye, none opposed.
The motion carried.
Noncontroversial Items Added to Acenda -None presented
Public Hearings:
7:25 p.m. 342 South Ott' East -Conditional Use Permit for a family duplex-LDR1
Kurt Hibbert -Reviewed the proposal on the overhead screen.
Chantel Madsen - 13704 South Rocky Point Drive, Harriman, Utah -Commented on the
proposal to continue to have apartments in the home. They are planning to rent to
families.
Winston Dyer -Requested the applicant to explain the history of the rental units. The applicant
reviewed the reasons for buying the home for rental units. Chantel understood that it was
a permitted use in LDRl 2;oning. It is a spit entry home with a partial wall to divide the
entry between the apartments. Winston asked Chantel if she knew of other rentals in the
area. Winston discussed the need to avoid commenting on limiting renting the rental
units to specific types of renters.
Mary Haley -Questioned if the home had been used as a rental by the previous owner.
Chantel indicated that they have modified the home to have two units in the home.
Kurt Hibbert -Indicated that the Staff has reviewed the proposal and approved the request to go
to Planning and Zoning.
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Those in favor of the proposal:
Konda Fullmer - 428 South 4th East -Manager of the rentals -She is in favor of the proposal.
Konda indicated that the Neighborhood Association on 3rd East supports the proposal.
David Peck -Vice President of the 3rd East Neighborhood Association -Commented that the
neighborhood is in favor of the proposal if the units fit the requirements of the law. They
would like to preserve and enhance the existing neighborhood atmosphere. They will
support compliant conditional uses of homes that are already in existence.
Those Neutral to the proposal, neither for nor against: None given
Those opposed to the proposal: No oral statements given
Winston Dyer - Read a letter from John Bowen asking to deny the request to allow more
apartments in the neighborhood. John would prefer to have single family homes remain
as single family units in his neighborhood.
Rebuttal statement from the applicant.
Chantel Madsen agreed with the letter -She commented that the parking availability with the
rental units limit the units to married housing.
Public testimony was closed.
Discussion on the right of a property owner in LDR1 to have a Conditional Use Permit for an
apartment.
Ted Whyte -Commented on the fact that the applicant came to the City for approval after the
home was converted to apartments.
Kurt Hibbert -Asked if the applicant had received a Health Safety letter.
Winston Dyer -This request was tabled a few months ago due to City Zoning discussions.
This request is permitted in an LDRl Zone.
Ted Whyte -Discussed the parking and life safety issues being reviewed by the City.
Mary Haley -Indicated that the neighborhood seems to support the proposal. Mary reviewed
the family definition that was recently adopted by the City of Rexburg. This family
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• definition will limit the number of single people that would be allowed in a rental unit.
The definition of a "family" that was adopted by the City of Rexburg in 2002 states the
following:
"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 67-6531 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."
Stephen Zollinger -Indicated that there could be two non related people in each unit with
their own family units combining into one family unit.
Mary Haley -Reviewed the ability of the permit to be transferred to the next owner.
David Stein moved to approve the Conditional Use Permit allowing the apartments, requiring
the owner of the property t:o maintain two parking stalls per unit in the driveway and the
garage; also the owner must follow conditions outlined in Rexburg City Zoning
Ordinance 725 Section 6.13. Jordan Dyer seconded the motion; all voted aye,
none opposed. The motion carried.
Zoning Ordinance 725 Section 6.13
B. Standards Applicable to Conditional Use Permits. The approving body shall review the
particular facts and circumstances of each proposed conditional use and shall find 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
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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 waste, excessive traffic generation, or interference with pedestrian traffic.
(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) Not generate traffic in excess of the capacity of public 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 and safeguards. Such conditions to be
attached to the permit may include but not be limited to:
(1) Minimizing adverse impact on other developments.
(2) Controlling the sequence and timing of development.
(3) Controlling the duration of development.
(4) Assuring the development is properly maintained.
(5) 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.
Winston Dyer -Indicated that a legal quorum for the Commission is established at the beginning of
the meeting. If a member falls ill during the meeting, the quorum is still valid after the
member is excused, even if it results in less that half the Commission present.
Winston excused Jordan due to illness.
7:30 p.m. 236 North 3rd East -Conditional Use Permit for a Daycare facility-LDRl
Kurt Hibbert -Reviewed the proposal on the overhead screen. The site plan is still under review by
the Staff. They plan to have four employees. Kurt reviewed the location proposed for the
parking.
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Justin Kostial - 236 North 3rd East -Commented on the transfer of children from another daycare
facility in Rexburg. They plan to have four parking stalls in the rear of the home. The daycare
facility will be in the upstairs and the Kostial family will live in the downstairs of the home.
They are proposing to put in a 6 foot fence in the back yard. Justin indicated that they are
complying with State Licensing requirements and City fire codes.
Discussion on the parking stalls that are planned for the daycare facility.
Kurt Hibbert -Reviewed the site plan for parking and green space requirements. They plan to have
60% of the front yard in green space. Discussion on the number of children allowed in a
child care facility. Zero to six children is allowed without a Home Occupancy Permit.
Over six children in a child care facility will require a Conditional Use Home Occupancy
Permit. In excess of twelve children in a child care facility requires a Conditional Use
Permit from the City and a daycare license from the State of the Idaho.
Justin indicated that the State would allow 40 children at this facility.
Those in favor of the proposal:
Linda Edstrom -Commented on the need for child care in the area. The children are being
transferred from another daycare facility that has closed its doors. The children need a place
to go for child care.
Stephen Zollinger -Commented on the largest staff shift at any one time. The Zoning Ordinance
refers to parking for a single shift. This proposal will have two staff members per shift.
The parking ratio is two stalls for every staff member on the largest shift.
Those neutral to the proposal: None given
Those opposed to the proposal: None given
Public Testimony was closed
The Commission discussed the circumstances that require a business license.
Stephen Zollinger -The State of Idaho licenses daycare facilities and they regulate the child to
staff ratio. A City of Rexburg Business License would trigger a parking review which will
control density.
Kurt Hibbert -Reviewed the requirements fora 22 foot driveway when parking stalls exceed four
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parking stalls in the back yard.
Mary Haley -Reviewed the parking plan for the site. She discussed the requirements for a play
area in the yard.
Continued discussion on the parking requirements and the width of the driveway access to the
backyard.
David Stein -Commented on the current use of other properties in the area. His concern was over
the proposed circular driveway.
Ted Whyte -Concerned with the parking shown on the site plan and the drawing showing 12 feet for
driveway access to the back yard.
Mary Haley moved to table the request until City Staff has provided a check list with a corrected site
plan. David Stein seconded the motion; all voted aye, none opposed. The motion carried.
Public testimony on this request will be carried forward to a future meeting when scheduled by Staff.
7:40 p.m. 92 & 102 KStreet -Conditional Use Permit for two residential duplexes-LDRl
Kurt Hibbert -Reviewed the two homes on the overhead screen. They have always functioned
as duplexes.
Kathy George - 102 KStreet -Commented on the 1964 building of the street. The homes were
built in 1971 and 1972. They discovered the need for a permit when the life safety
inspections were completed.
Kurt Hibbert -Indicated that Staff has approved the requests.
Those in favor of the proposal:
Diane Nelson - 1986 East 200 North -They purchased the home seven years ago. Diane
reviewed the history of the site. She agreed with Kathy comments and she is in favor of
the request.
Shawn Larsen - 60 K Street -Recently moved into the neighborhood. Shawn is in favor
of the proposal.
Those neutral to the proposal: None given
Those opposed to the proposal: None given
Public Testimony was closed
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` ~ Winston Dyer -Commented on the historical use of the properties. The parking has not been a
problem for these two homes.
Mike Ricks moved to approve the request for a Conditional Use Permit subject to the
zoning conditions in Zoning Ordinance 725 Section 6.13; Ted Whyte seconded the
motion; all voted aye, none opposed. The motion carried.
Winston Dyer -Requested that the applicants review the conditions in the Zoning Ordinance
with Kurt Hibbert.
7:45 p.m. 479 gIarvard Avenue -Conditional Use Permit for a family apartment
Zoning in LDRl
Kurt Hibbert -Reviewed the proposal on the overhead screen. This home has not been in
compliance and the owner has been seeking the needed City approvals to come into
compliance.
Val Christensen - 430 South 3rd East -The home was built as a single family structure and
the home was converted by the first owner and sold as a duplex.
Ted Whyte -Reviewed the history of the proposal. The down stairs area was remodeled as
a canning kitchen by original owner.
Discussion on the Protective Covenants amended in 1993 allowing apartments in the subdivision.
Those in favor of the proposal:
Sam Stone - 477 Yale Ave -Presented the Protective Covenants with discussion part C,
Paragraph #l. The Covenants indicate that an apartment is allowed with one or more
rooms providing that there is a garage or rear entrance to the apartment. Sam has not
seen any negative circumstance to this home with an apartment that detract from the
neighborhood feeling.
Those Neutral to the proposal:
Terry Wall - 429 South 3rd East -Indicated that the property was being used as an apartment
when the Nygrens purchased the property. The property was sold as an apartment.
David Peck -Discussed the intent of the Neighborhood Association to allow grandfathered
apartments or exclude out apartments that are not granted legal and compliant approvals
for apartments from the City of Rexburg. They do not support non compliant uses in the
neighborhood after the formation of the Neighborhood Association in May of 2002.
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Pat Bennett - 316 East Stl' South -Indicated that there was a canning kitchen at this site in April
of 1998 when they looked at the home for a residence. They were told that it was a
canning kitchen.
JoAnn Greene - 419 South 3rd East - As a neighbor they have no objection to this proposal.
Those opposed to the proposal: None given
Rebuttal by the applicant:
Mark Nygren - 479 Harvard Ave -Indicated that they purchased the home as an apartment.
They have owned the home for about four years. The property was represented to them
as having an allowed apartment in the basement. He is in favor of the proposal. Mark
mentioned indicated that they are located next to apartments across the street.
Discussion on buffering for the property.
Public Hearing was closed
Discussion on the issues of a previous hearing where the Commission denied an application for
an apartment in an LDR Zone. LDR Zones do not allow apartments.
Continued discussion on the canning kitchen being converted to an apartment.
Stephen Zollinger -Reviewed the history of the canning kitchen. The owners did not want
to go through the Conditional Use Permit process. Stephen indicated that Mr. Nygren
has complied with the requirements to have a Conditional Use Permit for an apartment.
Mary Haley moved to grant the Conditional Use Permit subject to the zoning conditions in
Zoning Ordinance 725 Section 6.13; Mike Ricks seconded the motion; all voted aye;
None opposed. The motion carried.
Winston Dyer -Requested that the applicants review the conditions in the Zoning Ordinance
with Kurt Hibbert.
7:50 p.m. 361 East 4th South -Conditional Use Permit for aPre-School-LDRl
Kurt Hibbert -Reviewed the proposal for a Home Occupation License for less than 12 children
in a child care facility. The conditions for a Home Occupancy License were restated.
Zero to six children is allowed without a Home Occupancy Permit. Over six children in
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'~ a child care facility will require a Conditional Use Home Occupancy Permit.
In excess of twelve children in a child care facility requires a Conditional Use Permit from the
City and a daycare license from the State of the Idaho.
Stephen Zollinger -Indicated that they can not have 12 or more children with this Home
Occupancy Permit.
Kurt Hibbert -Reviewed the proposal on the overhead screen.
Murray Doggett - 361 East 4th South -Commented on the history of the home for the past 18
years. They purchased the home with an apartment in the home. They have not used the
home for an apartment during the time they were raising there twins. They have operated
their child care business for the last 6 years. They do not need a State of Idaho License
for a child care facility. They run the child care 2 hours a day for four days a week.
They do not run the preschool during the summer. They are in the 6 children to 12
children bracket. The 3rd East Neighborhood Association approached them concerning
the zoning change. They began the permit process with the City of Rexburg in the fall
of 2002.
Kurt Hibbert -Indicated that the 3rd East Neighborhood Association is in favor of the proposal.
Discussion on the front yard. There is a separate entrance on the Westside of the home near the
back of the home. The children are there for two hours at a time.
Kurt Hibbert -Parking and Health and Safety issues have been reviewed.
Those in favor of the proposal:
David Peck - 323 South 3rd East -- The 3rd East Neighborhood Association is in favor of the
proposal.
Those neutral to the proposal: None given
Those opposed to the proposal: None given
The Public Testimony was closed
Discussion on the proposal.
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Mary moved to approve a Conditional Use Permit for a Home Occupation Permit for this
request subject to the zoning conditions in Zoning Ordinance 725 Section 6.13; Mary
indicated that it is an existing use of the property for child care with 6 to 12
children. The entrance is near the rear of the home. David Stein seconded the motion;
all voted aye, none opposed. The motion carried.
Winston Dyer -Requested that the applicants review the conditions in the Zoning Ordinance
with Kurt Hibbert.
8:00 p.m. Rezone a neighborhood from LDRl to LDR which includes properties South
of 3rd South to properties facing North on 5th South. The West properties are
on the East side of Harvard Avenue, going to the East properties on the West
side of 4th East. Properties adjoining 3rd East, Yale Avenue and the West side
of 4th East going South to 4th South are affected. See map for details.
Kurt Hibbert -Reviewed the proposal on the overhead screen. Many of the hearings tonight are
included or on adjacent properties. The original request did not include homes on the
East side of Harvard Ave.
David Peck -Vice President of the 3rd East neighborhood Association -Reviewed the history of
the proposal and the impact that the four year University announcement has had on the
Community. The desire of the Association is to preserve, and enhance the quality of life
for the residential neighborhood in the 3rd East Community. They are concerned with
density and traffic issues diluting the quality of life for their Community. David
reviewed the personal contacts he and others have made to obtain support for this
proposal. The group organized May 1, 2002 to advance the proposal to keep the
neighborhood stable. Only part of the owners of these properties were at the original
meeting. Their desire is to make compliant existing uses that were in place May 1, 2002.
In late October or early November of 2002 a group from the Neighborhood Association
had a meeting to organize a house to house process to obtain the signatures requesting a
Conditional Use Permit (CUP) to come into compliance with the City before the Zone
change request was completed. Several dozen signatures were gathered in support of the
change. David did approach three property owners on the East side of Harvard. This
proposed change is behind the concept of having stable residential neighborhoods. He
indicated that the University growth from 8,300 students to a proposed 14,000 students
with an additional 100 professors would cause pressure on residential neighborhoods. He
mentioned increased traffic and zoning reasons for the proposal.
Winston Dyer -Commented on the planning that has been done by the Neighborhood
Association. The process is new to have these groups speak for respective
neighborhoods. This request sets a precedent for requesting an up zone from a less
restrictive zone to a more restrictive zone.
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Discussion on homes on the West side of Harvard Avenue and homes on Talon Drive being
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included in this proposal.
David Peck -Indicated that an attempt was made to contact everyone in the neighborhood,
however those living out of town were contacted by the City in the Public Hearing
notification process.
Discussion on the homes on the West Side of Harvard Avenue being a buffer to more dense
zoning to the West of this Neighborhood. The homes in the subdivision where Talon
Drive is located are adjacent to High Density Residential (HDR) Zoning. These homes
are in a buffering zone.
Ted Whyte -Indicated that the developers are being approached to have the Talon Drive area be
changed to LDR Zoning.
Winston Dyer -Indicated that this proposal was a perfect and outstanding example of how a
proposal would come before the Planning and Zoning Commission in a manner that can
expedite the process. It was Winston's feeling that this proposal would set a precedent
for other neighborhoods to follow. The Commission is considering Neighborhood
Associations' input when making decisions. Up zoning has not been asked for in the
past. This will affect some property rights with property owners in this proposal.
f~ ~ Winston indicated that the Commission is desirous to have public input on this proposal The
neighborhood will be loosing the right to have a Conditional Use Permit for apartments
in homes if this up zone is approved. The Commissioners would like to know how
everyone feels about this proposal. Winston indicated that absentee (non-resident)
ownership couldn't be a determinate with any decision by the Planning and Zoning
Commission.
Those in favor of the proposal:
Jim Green - 419 South 3rd East -Commented on his desire to retire in 3 years. He is in favor of
the change to LDR. He mentioned that they are located near the University within
walking distance. He is concerned with increased traffic and child safety if the change is
not done.
Pat Bennett - 316 East Sti' South -- He purchased his home in 1998. He agrees with Jim's
comments and he is in favor of the proposal.
Dawn Anderson - 324 South 3rd Fast -She reviewed the Comprehensive Plan on the overhead
screen. She questioned how binding the Comprehensive Plan is on the Planning
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Commission. Dawn is concerned with the orange area on the Comprehensive Plan .
showing her area as amulti-family area.
Winston Dyer -Reviewed the vision of the Comprehensive Plan and the ability to change the
Comprehensive Plan. The Commission can snake changes to the Comprehensive Plan
every six months to bring the Zoning for an area and the Comprehensive Plan into
agreement. It is a continual process.
Dawn Anderson -Reviewed apartments on 4th South adjacent to the homes in this proposal.
She was concerned with the encroachment of the apartments into an LDRl
neighborhood. She read her letter in support of the zone change from LDRl to LDR.
Dave Anderson -Commented on a letter he provided to the Commission in support of the
Zoning change. He reviewed an apartment building on 3rd East and 4th South. These
units have expanded from limited density zoning to much higher density zoning. This
type of density expansion is the reason for his support of this proposed zone change.
Dave gave thanks to the organizers of the 3rd East Neighborhood Association.
Terry Wall - 429 South 3rd East - He is in favor of the proposal He has an apartment under
construction in his home. He does not plan to seek a Conditional Use Permit for an
apartment for his home. This was a hard decision for Terry to give up his right to an
apartment.
Marty Croasman - 458 Yale Ave - He has recently obtained a Conditional Use Permit for an •
apartment. They would surrender their permit in support of this proposal if necessary.
They feel that strongly about the proposal.
Sian Bessey - 243 South 3rd East -There are five children in their family. Bessey is concerned
possibility of increased traffic with additional apartments near her home. She is
concerned with the safety of the children in her neighborhood. Bessey mentioned that
the current neighbors are very careful when backing out of their driveways to protect the
children. A safe neighborhood is very important to her family. She would prefer to
maintain a stable neighborhood with permanent residents.
Kelly Evans - 476 Yale Ave - He has had much discussion with the neighborhood Association
about the proposed change to LDR. He is in favor of the proposal. He corners 5th South
where the traffic speeds tend to increase. He is in support of the proposal.
Susan Evans - 476 Yale Ave -She is concerned with traffic in the area. She has mentioned her
concerns to the City Council in the past. She is concerned with having apartments in the
area.
Terry Bagley - 423 South Yale Ave - Terz-y commented on his concern with the noise that
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~'. comes from the apartments. He is hopeful that the apartment noise will be controlled in
the future.
Val Christensen - 430 South 3rd East - He is in support of the proposal, as a home owner, not as
A Building Official for the City of Rexburg.
Those neutral neither for nor against the proposal:
Murray Doggett - 361 East 4th South - He was contacted by David Pulshpher concerning the
proposed change. He envisioned having a mother in law apartment. Although Murray
was concerned with the loss the apartment right, he was more concerned with the
preservation of the neighborhood.
Winston Dyer -Indicated that family members are allowed to stay in a separate unit in a home.
Stephanie Well - 314 East 3rd South -Concerned with the loss of a rental right. She indicated
that not everyone agreed with the proposal. She does not want to loose her right to have
an apartment in her home.
Lynette Murray - 324 East aid South -She has four small children and she is concerned with the
fast traffic in the neighborhood. She has seen a neighborhood child nearly get killed by a
student driver. She has requested police control of the road where she lives to protect the
family. Lynette wants to live in a safe neighborhood.
Kent and Jeanene Jackson's letter was read. They live at 352 East Sti, South. Their letter
indicated that they were in favor of the zone change. They are concerned with loosing
the neighborhood to an apartment type neighborhood. They would prefer to protect the
neighborhood for apartment degradation. Their letter is on file.
Bill and Scarlett Holman - 328 East 5th South -Called Kurt Hibbert to indicate that they were
in favor of the proposed zone change.
Those against the proposal:
Sam Stone - 477 Yale Ave - He is not in support of the change. He does not want to get
ostracized from the neighborhood. He is in support of the objective of maintaining a
residential neighborhood. They are concerned with the higher density zones in the area.
Sain mentioned that LDR is for larger homes on larger lots. The majority of these lots do
not meet the minimum lot size requirement for LDR Zoning. He indicated that LDR may
not be the most effective means of accomplishing the goal of preserving the
neighborhood. He mentioned the proximity to the University and apartments do not
detract from the Neighborhood. Sam would like to devise a way to protect the
neighborhood while allowing owner occupied homes with apartments.
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David Peck - Gave a rebuttal -David indicated that the Community had discussed the issue of .
making a business out of homes and the willingness of residents to give up that
right to an apartment or business in their home. He expressed his gratitude to the
neighborhood for the Community spirit. He encouraged the Commission to grant the
request.
Discussion on including the North side of 3rd South in the proposal. There was a comment on
traffic volume on 3rd South.
Winston Dyer -Reviewed the reverse zoning process of purchasing property and then trying to
change the use. After the purchase the owner would seek to change the zone to conform
to the new use of the property.
Kurt Hibbert -Non conforming lot sized is not unusual in Rexburg. Kurt discussed the loss of
an apartment right in LDRl if it goes to LDR.
Stephen Zollinger -Reviewed the non compliant use of the lot sizes that would be
Grandfathered. Large lots would not be allowed to split in LDR.
Discussion on four vacant lots in the area of impact. David Plusipher owns one of the four lots.
Mike Ricks - is agreeable to the proposal if the lot sizes area grandfathered. •
David Stein -Discussed the fact that pressure for higher density neighborhoods would be
transferred to other areas of the City.
Discussion on Accessory Apartments in LDR1 and LDR2. The Commission is extremely
concerned with the conversion of the homes into rentals. This is a whole neighborhood
next to the University that will not be allowed to expand.
Mary Haley -Commented on the reason she purchased her home. She is concerned with losing
the character of the neighborhoods in Rexburg.
Ted Whyte moved to send the proposal to rezone this neighborhood to LDR from LDRl. per the
published map; Mary seconded the motion; all voted aye, none opposed.
The motion carried.
Hidden Valley Phase 6 -Final Plat Approval -The Dyer Group
Winston Dyer declared a conflict and stepped down from the table.
Winston Dyer - 667 Summerwood -Reviewed the proposal on the overhead screen. He
reviewed the green belt area for the subdivision. Some lots were split to be of similar
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size to adjacent lots. Winston mentioned the City Park that will be inside the
• subdivision.
Discussion on the new minimum width for a cul de sac which is 57 feet. Drainage was reviewed
for the subdivision. There will be additional phases developed in the future.
Mary Haley -Discussed the Strobel lot which is adjacent to the Phase 6 Plat.
David Stein -Reviewed the master plan for the Hidden Valley project.
Winston Dyer - Mentioned a development agreement with the City of Rexburg. Open space,
street widths for a residential collector, storm drainages, oversized water and sewer lines
where necessary, and a park area for recreational opportunities have to be put into the
agreement.
David Stein moved to approve the final Plat for Phase 6 of Hidden Valley; Ted Whyte seconded
the motion; ail voted aye, none opposed. The motion carried.
Zoning Compliance -Kurt Hibbert
Kurt Hibbert - Requested a Sub Committee to assist him in the formation of the new zones and
what each zone means. The Committee would help prepare a formal proposal for the
Planning Commission to add new zones to the Zoning Ordinance. I-Ie questioned
''~ ~ what specifics the Commission wants in each zone
The Chair suggested that Jerry Hastings for Commercial applications and Steve McGary for
residential applications. Mike Ricks and David Stein were other names mentioned to
assist in the project. Kurt indicated that one hour sessions would be a great help.
The Commissioners would like to wish Doug Smith a speedy recovery from a recent heart
bypass surgery.
Unfinished/Old Business: Work Meeting on the Comprehensive Plan and Zoning
Discussion on the reasons for the review of the Comprehensive Plan. There was some
discussion on the need for an additional truck route through Rexburg.
Adjourned
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