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HomeMy WebLinkAboutP&Z MINUTES FEBRUARY 06, 2003CITY OF REXBURG PLANNING AND ZONING MINUTES • February 06, 2003 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz Ted Whyte DaVawn Beattie -Excused Mike Ricks Steve McGary -Excused Doug Smith -Excused Jerry Hastings 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 Agenda: The consent calendar includes items a,vhich require formal Planning Commission action, hoauever they are typically routine or not of great controversy. Individual Commission members may ask that any specific item be removed from the consent calendar for discussion in greater detail. Explanatory information is included in the Planning Commission's agenda packet regarding these items. i. Minutes fi°om the January 09, and 16, 2003 meeting Milce Ricks moved to approve the minutes from on the Consent Agenda with minor changes suggested by Winston Dyer; Jordan Dyer seconded the motion; all voted aye, none opposed. The motion carried. Noncontroversial Items Added to Agenda: Winston Dyer noted that there are two items on the table. One is a Comprehensive Plan change request in the area of first North and First South on Main Street. The other one is a request for a Conditional Use Permit for a daycare facility that needed further clarification on some parking issues. Kurt Hibbert explained the new the site plan that was resubmitted showing parking for four stalls. The daycare request maybe brought off the table later in the meeting. :7 • Zoning Compliance -Kurt Hibbert reviewed the compliant issues list that has been prioritized. The City is working on them one at a time. There is one complaint that has been sent to the Police Department to serve on the offender. Winston Dyer -Reviewed the problems of the off street parking restrictions in the winter. Kurt responded with comments from apartment owners requesting additional parking. Winston explained the complaint process that is available for Planning and Zoning issues to the City residents. Winston Dyer explained the process for giving testimony at the Public Hearings. Public I4earin~: 7:05 p.m. Conditional Use Permit - 264 North 3rd West -Residential Duplex -Leonard Hull Barbara Hull - 264 North 31d West -Barbara is working in Rexburg and travels from Ashton. Their children will live in the home and the home complies with the life safety codes. The basement has been converted into an apartments They plan to rent the basement of the home in the future. Kurt Hibbert -Indicated that the Staff has reviewed the proposal. It is a proposed new use for the property. Those in favor of the proposal: None given ~,. Those neutral to the proposal: None given Those against the proposal: None given Public testimony was closed. There was no written input on the proposal. Ted Whyte moved to approve the Conditional LJse Permit at 264 North 3rd West subject to the conditions of a Conditional Use Permit in paragraph 6.13 of the Zoning Ordinance plus the approval of the City Departments and the life safety issues; the motion was seconded by Mike Ricks; all voted aye, none opposed. The motion carried. Winston Dyer asked the applicant to review the conditions with Kurt Hibbert for compliance. 7:10 p.m. Conditional Use Permit - 228 E. 2nd S. -Residential Duplex -Lee & Marilyn Ward Lee J. Ward - 133 East 2nd South - He purchased the property four years ago with three apartments in the home. The top apartment was built about 10 years ago without a permit. The other two apartments have existed before 1977. Lee has had a business license for the property for the apartments for the last four years. He is asking for a permit for only two of the three apartments. Lee will vacate the third floor apartment in the spring of 2003. There is parking for 6 stalls is in the rear of the building. Kurt indicated that the staff has reviewed the proposal. The parking • stalls are adequate for two apartments. 2 Those in favor of the proposal: None given Those neutral to the proposal: None given • Those against the proposal: None given Public testimony was closed. There was no written input on the proposal. The Commissioners reviewed the proposal with the parking in the rear of the building. The alley drive is gravel instead of hard surface. Kurt Hibbert -Indicated that the hard surface would be grandfathered because it was used in that condition before the Zoning Ordinance was adopted. Robert Schwartz moved to approve the Conditional Use Permit subject to the condition of the Zoning Ordinance paragraph 6.13 that indicates the conditions for a Conditional Use Permit, plus require the parking to remain in the rear of the building, plus only allows two apartments by vacating the third story apartment; Jerry Hastings seconded the motion; all voted aye, none opposed. The motion carried. Kinston asked the applicant to review the conditions with Kurt Hibbert for compliance. 7:1.5 p.m. Conditional Use Permit -174 College Ave -Single Student Apt -Richard Taylor Richard Taylor - 152 College Ave -Purchased the home and converted it into rental units. There is road • base temporarily installed for parking. Asphalt will be installed for 14-16 parking stalls in the rear area of the property when the weather permits. There is an apartment building behind this property. They have complied with the life safety issues. Bushes in the rear were retained for a soft area. The access to the rear of the lot is on the side of the home. The access to the rear of the home is 22 feet wide. There is adequate parking for the rentals. They plan to have single individuals in the units; Richard indicated that they plan to have 10 to 12 individuals with a possibility of up to 16 individuals in the rental units. Kurt Hibbert -Indicated that there was adequate parking for the units. There is space available to expand the parking for up to 16 parking stalls. Those in favor of the proposal: None given Those neutral to the proposal: None given Those against the proposal: None given Public testimony was closed There was no written input on the proposal. Discussion on the need to have a Conditional Use Permit in MDR Zoning. Kurt indicated that a CUP is required in MDR Zoning for dormitory style housing. There are 2.5 baths in the home and two kitchen areas in the home. • Jerry Hastings moved to approve dormitory style housing for this proposal under MDR Zoning with • conditions stated on paragraph 6.13 of the Zoning Ordinance 725. Mike Ricks seconded the motion; all voted aye, none opposed. The motion carried. Winston asked the applicant to review the conditions with Kurt Hibbert for compliance. 7:20 p.m. Rezone from Light Industrial (LI) to Ilighway Business District (HBD) 485 North 2"d East -Teton River Village, L.C. -Cameron Gunter Cameron Gunter - 1082 East 1200 South, Springville, Utah 84663 -Reviewed the proposal for the re-zone request. They are proposing the zone change to go forward with a Commercial Zone to develop the property with some new commercial businesses near the highway. Cameron reviewed the intent of the developer to develop the rear of the property at a later date. This request is for the purpose of developing a Commercial Zone on the entire property. Kurt Hibbert -Reviewed the two current zones that are applied to the property. There is Light Industrial Zoning on the rear of the property and Highway Business District on the front of the property. Winston Dyer -Reviewed the concept of having others in the area participate in the development of the whole area West of 2na East just North of the Teton River, Cameron indicated that the conceptual site plan was presented showing the developers vision for the area. They are in negotiations with the LDS Church to develop some of the property; however, not all property owners are involved • with these discussions at this time. Winston indicated that it would be preferable to have all the property owners involved with This discussion; however, he understood that this proposal was independent of neighboring properties. Cameron Gunter -Inquired of the Commission about the City Codes that regulate re-zoning of property. Winston mentioned that the Commission is trying to understand the proposal completely before making a decision. Jerry Hasting -Reviewed the property boundaries and the documents needed to straighten up the south boundary to the property. The green belt will be just south of the property Line. Cameron presented a picture of the planned property line on the south boundary with the proposed green belt. Kurt Hibbert -Commented on the history of the area where the Teton River frontage is adjacent to this proposal, The City is working on a green belt bike/walking path next to the Teton River just south of this property. Kurt reviewed the proposed site of the bike path on the overhead screen. He indicated that the Staff has reviewed the proposal, a concern of loosing Light Industrial Zones within the City. He recommended creating Light Industrial Zones in other areas of the City to maintain adequate Industrial development. Those in favor of the proposal: None given • 4 'T'hose neutral to the proposal: Sherwood Ricks - 2958 South 1400 West - Read a statement concerning his concerns. He owns Wendys Restaurant and is concerned with the impact the project will have on his business. Sherwood reviewed the poor placement of the light on 2°d East near his business. Sherwood mentioned that the City of Rexburg had told him the area between Wendys Restaurant and O'Dell's Furniture is wide_enough for a City Street. He has had to_install and maintain the traffic area around his business without the help of the City. Sherwood indicated that the easement between the two buildings would not accommodate the proposed residential traffic that would be generated by the additional proposed housing. He would like the roads lined up at the intersection if this proposed roadway is approved. Sherwood was concerned with the removal of a fence on the adjacent property that would allow traffic to flow from the proposed development out onto 2°a East through his development. Those against the proposal: None given Public testimony was closed There was no written input on the proposal. The Commission reviewed the different zones on the property and the difficulty of creating new zones for Industrial Zoning. Winston gave some suggested locations that could be zoned to an industrial zone and indicated a need to carefully review the situation. • Ted Whyte -Reviewed the permitted uses for light Industrial Zoning. The Commissioners spent some time reviewing the light Industrial areas in the City. Ted indicated that the City has overrun the Light Industrial areas with other uses. Discussion concerning the City of Rexburg Business Park which may support Light Industrial uses. Discussion on the proposed plan for this proposal. The developer is going forward with this proposal in a speculative nature. The future development of this property is still under discussion. Kurt Hibbert -Reviewed his request to have additional Light Industrial areas available within the City of Rexburg for Industrial development. He requested that the Commissioners make plans for additional Industrial Zones in the future. Ted Whyte moved to approve the re-zone request from Light Industrial to Highway Business District as proposed; Robert Schwartz seconded the motion; all voted aye, none opposed. The motion carried. Winston Dyer -Cautioned the applicant that this approval pertains strictly to zoning. It does not imply, express or indicate an indirect approval of future site plans concerning future development. They will be treated separately on their own merits. 5 • New Business• Teton River Village -Final Plat approval - 485 North 2°d East -Cameron Gunter Winston Dyer -Reviewed the short Plat approval process, where a preliminary and final Plat review can be combined into one review process. Winston asked John Millar if property is divided into three lots, is a Subdivision Plat required? John indicated that this proposal could go either way. Cameron Gunter -Reviewed the request to have a S lot subdivision including 21ots which are %2 acre lots and a 3.5 acre lot. Mike Ricks -Reviewed the roadway easement on the Plat that provides access to the West portion of the Subdivision. Discussion of the Property access off 2°d East and having the intersections line up with the existing intersections across the street on 2"d East. Kurt Hibbert -Commented on the Staff review of the proposal. The City of Rexburg is still working on the right of way conflict for the south boundary where quit claim deeds need to be processed to straighten out the south property line with City property. John Millar -Reviewed the two issues involved in the land swap on the Southern property line. He reiterated the need for quit claim deeds and the need for a road with adequate width to access the rear of the lot. The proposed 25 foot roadway is too narrow. The requestor changed his request to a preliminary Plat due to needed modifications to the final Plat. John indicated that the City would prefer to have a 50 foot minimum road easement to the rear of the property. Discussion on the adjustments to the Plat before a final Plat could be processed. John Millar -Indicated that two lots could be developed without a Plat by developing the property with a Meets and Bounds property description. He also mentioned that it is the Planning and Zoning Board's prerogative whether to consider this Plat as a preliminary or a final Plat. A preliminary Plat approval will allow the developer to make changes to the Plat. Jerry Hastings moved to approve the Teton River Village preliminary Plat with the following conditions: 1) Have a 50 foot access road to the rear of the property. 2) Access road needs to be aligned with the existing road across the street on 2"d East. 3) Maintain the fence on the North side of the existing development. 4) The final Plat will show the property line with quit claim deeds executed to clear up the property description on the South property boundary. 5) Change the boundary line for lot 4 and lot 5 as discussed to show the correct location. 6) Drainage plan needs to be shown on the Plat for all of the lots. • 6 Mike Ricks seconded the motion; all voted aye, none opposed. The motion carried. Applicant will work with the City Staff to have the final Plat and site plan prepared for the next meeting. Request Conditional Use Permit for Cellular Tower -1202 East Poleline Road -Dick Smith Farms (Cellular Technical Services, LLC.~ Richard. Smith -Reviewed the request to have a Verizon Wireless Cell tower relocated from a location in the Impact Zone to a location at 1202 East Poleline Road. The new location will be by the Rexburg City water tower. The existing location is near a proposed new development. The new location will be located directly next to the other communication towers near the water tower. The height will be the same height as other towers at the site and it will not violating the flight zone. Kurt Hibbert- Indicated that Staff did not have any concerns with the proposal He mentioned that a Cell Tower is an allowed use in LDR with a Conditional Use Permit. Mike Ricks moved to send the request to a Public Hearing before the Planning and Zoning Commission; Ted Whyte seconded the motion; all voted aye, none opposed. The motion carried. Winston Dyer -Commented that the new Zone change approved by City Council will be for the 3rd East Neighborhood Association that will end any future apartment requests for a Conditional Use Permit in that neighborhood. Now that the zone has changed to LDR from LDRl, there will be no further requests allowed for that neighborhood. Ted Whyte stepped away from the table due to a conflict. Request Conditional Use Permit for Duplex - 258 Harvard Ave -Beth Reese Skelton Ted Whyte - 610 Taurus Ave -Represented Beth and presented the history of the location. It has had an apa.t-tment since it was built in 1964. It is a recognized grandfather use since it was built. The applicant is seeking a Conditional Use Permit to come into compliance with the current City Zoning Codes. There are two separate parking stalls on the North side of the home where the apartment entrance is located. Kurt Hibbert -Staff has reviewed the proposal and has approved the request to move forward. Robert Schwartz move to approve the request for a Public Hearing; Jerry Hastings seconded the motion; All voted aye, none opposed. The motion carried, Request Rezone from Light Industrial (LI) to Medium Density Residential (MDR) C&C Supply -Todd Webb Todd Webb -Elk Meadows Construction - 530 Lyn, Idaho Fa11s -Reviewed the proposal on the overhead screen. The property is located on the corner of 2nd North and 1St West next to the railroad tracks. Todd mentioned that it is too small for light industrial use. The property is about 7 15,600 square feet in size. Todd indicated that the property was too small for industrial `- ~ development. He discussed the zoning in the immediate area to his proposal. Todd is seeking an MDR Zone for the construction of two four Alex buildings to be used as apartments. Kurt Hibbert -Reviewed the access problems with the property. Winston indicated that the Light Industrial properties. need to be replaced with additional properties as re-zoning takes place. Discussion on the possible problems with access near the rail road tracks with a future site plan. Intersection site triangles would have to be considered with access to the property which is next to a railroad track. Discussion on the feasibility of developing the site for residential use. Jerry Hastings -Discussed the transportation systems surrounding the proposal. He indicated his concerns with allowing a residential use of this property for residential use. Jerry indicated that it was a safety issue that if approved, it would send a signal that Planning and Zoning felt it was safe. Discussion on whether this proposal has merit to go to public hearing. Mike Ricks moved to deny the request to re-zone the property to MDR; Jerry Hastings seconded the motion; all voted aye; none opposed. The motion to deny carried Jerry Hastings stepped away from the table. Jerry has a development next to this property. Winston has spoken to the owners of the Stone Bridge property about a possible business interest. There have not been any contractual agreements at this time. Winston indicated that he would stay at the table if the other Commissioners did not feel it represented a conflict. There was no further comment from the Commissioners concerning Winston's comments. Annexation/Rezoning Request from AG1 to lYIDR - 467 East 7th North Arave Construction Company Tom Arave -.1395 North West Main, Blackfoot -Tom is representing Arave Construction with this proposal. The plan is to have 14 units per acre on two 6.5 acre lots. The total acreage is 13.82 acres. They are requesting annexation and a zone change. In December, 2002 hearing for a similar proposal was rejected by the Planning and Zoning Commission. They eliminated 1/3 of the original proposal from this current proposal, which. would allow a buffer to the property to the East. The Growers will maintain ownership of the property to the East of this proposal. The site plan shows street alignment with the Stonebridge Subdivision to the south. Tom reviewed a site plan for the development which includes a playground area that is about 9/10 of an acre with playground equipment. There are 195 parking spaces on the site plan. Only 145 parking spaces are required to meet the Zoning Code. He presented a sample building plan similar to one they have constructed in Ammon on Curlew Street. The proposed units would be for one and two bedroom units. The building has 360 degree access for the Fire Department. Winston reviewed the proposal which is only 2/3 of the previous proposal that was denied by the Planning Commission. The remaining 1/3 of the Grover property is not part of this annexation proposal. 8 Kurt Hibbert -Reviewed the locations that would like to be annexed in this same general area. Kurt indicated that several owners of property in the same area have requested annexation. The proposal to bring the Grover property into the City as transitional agricultural was reviewed. Winston Dyer -Reviewed the right of use that is associated with a zone when it is annexed into the City. Annexation proposals need to be approached very carefully. Winston reviewed the Comprehensive Plan for this portion of the City. He discussed the need for the Planning Commission to work with larger blocks of property for annexation proposals. The Planning Commission has the opportunity to designate, protect and then preserve a Comprehensive Plan. designation for this new area as a single family residential area. The Commission discussed the concerns with meeting the Comprehensive Plan map with this proposal. Winston commented on the proposed site plan being misaligned with the Comprehensive Plan for transitioning from Commercial to Residential Zoning. Winston Dyer -Commented on the pending City of Rexburg design standards for building construction. The new standards for building construction are being developed at this time. Ted Whyte -Gave comment on the planned transition area where this proposal is located and the intent of the Commission to have this area be predominately single family. Discussion on annexing large blocks of property instead on single parcels. Tom Arave -Commented on the possibility of developing amulti-family unit on one lot. Tom mentioned that they are ready to work on financing and would be willing to develop one building at this time instead of two buildings. He discussed the possibility of developing the Jeppesen property along with the Grover property. Winston Dyer -Recommended that parcels in this area should be annexed and zoned together. Ryan Briggs - 1465 Scorpios Drive, Idaho Falls -Discussed the proposed transitioning street in the development as a street that could become a busy street with the planned apartments. He recommended having the street placed behind the apartments to separate the apartments from single family housing. He recommended having only 2/3 of the property developed. Discussion on having the owners of the separate parcels combine into one request for annexation and have the roads line up with the Stonebridge Subdivision. Robert Schwartz moved to table the requested subsequent to the developer meeting with the City of Rexburg to work with adjoining owners to combine annexation requests; Ted Whyte seconded the motion; all voted aye, none opposed. The motion carried. Tom Arave -Reviewed the possibility of developing lots in the future with a meets and bounds description. Jerry Hastings returned to the table. C~ 9 • Site Plan Approval - 450 South 4th West -Singles housing for 8 units -Glen B. Reed Newell Goldsberry - 111 East 16th Street -Represented Glen B. Reed -Newell indicated that the proposal is for a two story $ plex. The site is zoned HDR. The development is for single students. Mike Ricks -Reviewed the parking on the site plan. There are 18 full size parking stalls with 26 ..compact parking stalls. There will be one manager's apartment. The remaining seven apartments will rent to 44 individuals. Discussion on the location of the sidewalk being 7 feet off from the curb. The retaining wall in the back of the property was reviewed. The retaining wall will be a low level wall. There will directional lighting installed for the development. Mike Ricks -Discussed the street widths on the site plane Kurt Hibbert -Indicated that Staff has reviewed the project and recommended changing four parking stalls on the site plan. Jordan Dyer moved to accept the site plan as presented for 450 South 4th West with the fallowing conditions: 1) Shift four parking stalls to the West to accommodate a hammer head turn around area on the East end of the parking area. 2) Locate the sidewalks on 4th West back 7 feet from the curb 3) Install directional lighting on the parking lot 4) City Staff approvals Mike Ricks seconded the motion; all voted aye, none opposed. The motion carried. Mike Ricks moved to bring a tabled item off the table at 236 North 3rd East for Justin and Carrie Kostial; The request is for a daycare facility. Jerry Hastings seconded the motion; alI voted aye, none opposed. 7Che motion carried. Justin Kostial -Reviewed the changes to the site plan that indicate the location of four parking stalls on the rear of the home. The access to the rear parking is a driveway on the side of the house that is approximately 13 feet wide. The applicant plans to install a privacy fence of cedar or vinyl in the future. This is a day use facility for daycare of young children. The Zone is LDRl next to MDR Zoning. Discussion on the need to have buffering to separate the parking area from the play area for the children in the back yard. Kurt Hibbert -Indicated that a driveway can be located against the property line for this proposal. 10 Mike Ricks moved to approve the request for a Daycare facility with the following conditions: 1) City Staff approvals including the Fire Department. 2) Perimeter fencing that is 6 feet tall and meets the City of Rexburg Zoning requirements and ..the State of Idaho requirements for a Daycare facility. 3) Interior fencing to separate the driveway and parking area from the back yard playground area that is up to State Codes for. a daycare facility. 4) Driveway and parking area need to be hard surfaced. Jerry seconded the motion; Discussion to clarify the fencing height and area to be fenced according to the State of Idaho Codes for a daycare facility. All voted aye, none opposed. The motion carried. Winston Dyer - Requested a report on the Zoning Ordinance additions and amendments that are being proposed by the City. Kurt Hibbert -Reviewed the progress he has made in rewriting the Zoning Ordinance. He is adding design standards to the proposed new ordinance that would replace Zoning Ordinance 725. David Stein joined the meeting. The Commissioners reviewed the Comprehensive Plan and parking issues that are vexing the community. They reviewed annexation questions concerning annexing partial plats. They are concerned with the Zoning Code allowing developments that encroach on neighbors with smaller building profiles. Also, they mentioned past Conditional LJse Permits that have been allowed without proper conditions being applied to Lessen the impact on neighbors. Kurt Hibbert -Requested that a few Commissioners spend some time with him to help develop the new zoning proposals that will be included in the new Zoning Ordinance. He is planning for one hour meetings to discuss the new Ordinance. Ted Whyte, Jerry Hastings, David Stein, and Steve McGary were selected to help Kurt with this effort to expedite the Zoning Ordinance rewrite. They plan to meet on the 13th of February at 1:00 pm here at City Hall. Kurt Hibbert -Indicated that the Impact Area needs to be zoned as soon as possible. Adjourn 11