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HomeMy WebLinkAboutP&Z MINUTES FEBRUARY 20, 2003CITY ®F REXBURG PLANNING ANL~ ZONING MINUTES February 20, 2003 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz Ted Whyte Mike Ricks -Excused Steve McGary Doug Smith -Excused Jerry Hastings Mary Haley Jordan Dyer David Stein Joseph. Laird P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay Consent Agenda: The consent calendar includes items avhich require formal Planning Commission action, however they are typically routine or not o f 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 fYOm the February 06, 2003 meeting Winston Dyer requested that the Commissioners review the February 06, 2003 minutes for approval at the next meeting. Portions of the meeting were recorded. Noncontroversial Items Added to Agenda: Winston Dyer welcomed Joseph Laird to the Planning Commission. Joe was appointed to the Commission by the City Council on February 19, 2003. Kurt Hibbert - Reviewed a request from Randy Bird for University Park -They are vacating the access on Harvard Ave. They are requesting a relocation of the fence on the east side of the property to enlarge the green space for the back yard. Kurt asked if the City has ever given a variance for a fence in the right of way? The question is where to place the fence. Discussion on the problems with putting the fence against the sidewalk with snow damaging the fence. Kurt Hibbert -Explained that his question was answered, so the discussion ended on the fence for University Park. Zoning Compliance -Kurt Hibbert reviewed the compliant issues list that has been prioritized. One misdemeanor offense was served today. The City is working on a list of other zoning compliance issues. The process is working better with the coordination that is being done with the City Police. Mary Haley -Commented on the parking problems with apartment rentals that are occurring in the City, Kurt reviewed parking problems that are being worked on by the apartment owners. In general, people are trying to comply with the parking requirements. Winston Dyer -Asked the Commissioners to take notes on illegal_ parking situations in the City and report them to the City Zoning Compliance Department. Public Hearin': None New Business • Hyde Park Phase II as a (PRD) Planned Residential Development (SE Corner of 5`'' West and 7`l' South) Rick Hancock The applicant withdrew the request to complete the PRD requirements. The request will be resubmitted at the next meeting. John Millar -Reviewed the Developmental Agreement to correct right of way problems on 7tn South. Kurt Hibbert -Reviewed the properties on the NE edge of the City that have requested annexation. • Preliminary Subdivision Plat -Near 560 South 12th dVest -Kirby Forbush Winston Dyer -This request is in the Impact .Area and the request is planned for a new RR2 Zone if the property is annexed into the City. Kirby Forbush -Reviewed the proposed Plat with the Commissioners. He has been working on this Project for over a year. The initial request went to the County; however, the County requested that the development come under City services due to its proximity to the City. The proposed Plat has 60 lots on 40 acres. Kirby identified the location of the Plat on the overhead screen. He is presenting the proposal to help the City plan for the location of the sewer line that will be installed through the property. Kirby commented on the proposed sewer lift station in the Plat. The lots are %2 acre minimum in size with a 120 frontage. The planned subdivision would not be required to have curb and gutter; however, sidewalks would be required. Kirby asked the Commission if they had any changes to the Plat before it is finalized. 2 Winston Dyer -Indicated that the lot frontage would need to be 120 feet frontage with a'/~ acre minimum. Frontage on the cul-de-sac lots was reviewed for compliance to the 120 foot requirement. Kirby Forbush -Indicated that the plan is to have four phases to the development. The four planned developments will have about 15 lots each. The length of the Cul-de-sac roads is less than the maximum of 600 feet allowed. The Coanmissioners questioned the right of way on 2000 West for the planned highway development. Kirby commented on the plan to have a closed street neighborhood. He identified the proposed location for the new sewer line in the subdivision. Joe Laird -Reviewed the problems with not having pedestrian access to churches and schools. Ted Whyte -Commented on the intent of the RR2 Zone. The streets are not intended to be connecting streets with curb and gutter. Discussion on the Lamoreaux Development just to the East of the Kirby Forbush subdivision. There is a 60 foot right of way into the Lamoreaux property. It is classified as a private drive. There maybe a need to have an access off the north end of the property. If the density is increased beyond 11 buildings, the City Planning and Zoning will need to see and approve the site plan. Stephen Zollinger -Indicated that the Lamoreaux Development was approved by the County for I 1 four- . plexes with a turn around at the end of the Development. Kirby Forbush -Indicated that he does not want to have his subdivision connected to the Lamoreaux Development. IVlary Haley -Commented the need to listen to the experts. She was commenting on the need to listen to Joe Laird's concerns with the lack of access to the outside areas for pedestrian traffic. Kurt Hibbert -Read the requirements for a RR2 Zone. Section 3.52 Rural Residential 2 (RR2): The Rural Residential 2 Zone is established to provide rural residential zoning for the development and protection of country neighborhoods. This zoning may be applied in areas where traffic flow is limited primarily to local area residents and where the expansion of transportation to areas adjacent to the zone is not anticipated. The zone shall be characterized by single family dwellings on lots of a minimum of ~/2 acre, ample off-street parking and reflecting a rural isolated atmosphere. An accessory apartment is allowed with a Conditional Use Permit. Neighborhoods with RR2 zoning conform to the city typical road section for RR2 neighborhoods. Application of RR2 Zoning must be consistent with topography where storm run off and erosion are not a problem, The City of Rexburg right of way width is a minimum of 68 feet.. Two (2) dwelling units per net acre is the maximum density permitted in RR2. 3 Steve McGary -Requested the developer provide an open area for a playground. Kirby Forbush -Mentioned that the lots are big enough to allow playground areas for each lot. The lots are 22,000 square feet in size. There are sidewalks planned for the development. Steve McGary -Would like the City of Rexburg to have Parks available to the Citizens on the West side of U.S. Hwy 20. He was concerned with the lack of Park areas in subdivisions. Discussion on the possible development of land to the north of this proposed Plat. There was concern from the residents at the meeting on the density of the proposed development in the Lamoreaux Project. Winston Dyer -Summarized the proposal and asked for the Commissioners input. The Plat is being presented to finalize the location for the sewer line that is proposed to go through this subdivision. 3eny Hastings -Mentioned the need to seek a 2°° access for the Lamoreaux property at a future site plan review with the developer. Kirby Forbush -Does not intend to connect a single family subdivision with a multifamily subdivision. Joe Laird -Indicated that the developer will need a 47 foot right of way on the boundary with 12th West. Kirby Forbush -Mentioned the conditions that would be required if the Commission approves the Preliminary Plat. Ted Whyte moved to approve the Preliminary Plat for Willow Brook Subdivision with Divisions No. 2, No. 3, No. 4, No. 5 with the following alterations: 1) Annex the property into the City of Rexburg with an RR2 Zone. 2} Provide a 68 foot road right of way connecting to the adjacent property to the north. 3} Adjust corner lots 15, 16, 25 and 26 to have increased width. 4) Indicate where the sewer lift station will be located. 5) Provide a 47 foot right of way from the center of 12th West on the proposed development side of the road. 6) Provide a typical 68 foot street cross section to be used and implemented throughout the subdivision. David Stein seconded the motion; all voted aye, none opposed. The motion carried. Unfinished/Old Business: Work Meeting on the Comprehensive Plan and Zoning Winston Dyer - Gave a short history on the Planning and Zoning Commissions effort to review the City and the Impact Zone surrounding Rexburg. • 4 Kurt Hibbert -Requested .the Commission review the plan for the Zoning in the Impact Area. '~ The Commissioners laid the maps on the table and reviewed the Impact Zone and the Zones needed for the Impact Area. They reviewed the different areas of the Impact Map and the possible changes to the Comprehensive Plan map. The Commissioners drew dark lines on the map around areas of that needed to be identified for Comprehensive Plan changes. Brigham Young University and other areas of impact were identified and numbered for review. The Commissioners were intent on finding a good mix of Zones that would compliment each other. Dense Residential areas were identified and areas for Commercial growth were identified near the exits off U.S. Hwy 20. Locations for proposed City Parks on the Comprehensive Plan map were identified. They reviewed the proposed South Arterial Hwy starting on 1 lth South and going East to 2"d West with later development further East to connect to the Sugar City Cemetery road. This would allow traffic to flow from the North and the East down to BYU-Idaho allowing this as a proposed State Hwy route. Winston Dyer -Requested that the n.ew Comprehensive Plan map show the proposed arterials for the City. The Commissioners discussed areas in the Impact Zone that surround the City of Rexburg. Kurt Hibbert -Requested the definitions on the map be more specific to the property line and avoid the bubbles that are currently identifying Zones on the Comprehensive Plan map. Open space areas were reviewed in order to refine the boundaries. Kurt Hibbert -Presented planned changes to the existing Zoning Ordinance. Kurt recommended planning and Zoning accept the proposal to supplant the existing Zoning Ordinance. Kurt handed out copies to the Commission for review before the final draft. Kurt reviewed the proposed new zones that are proposed in the draft copy. The Zones are structured by complexity. The plan is to have a tapered Zoning plan from higher density Zones to lower density Zones. He reviewed page 8, 11 and 12 concerning design standards. Robert Schwartz -Recommended that the proposed MDR2 Zone and all Commercial Zoning be required to have underground utilities. Jerry Hastings -Recommended transitioning the height of buildings from lower heights to taller Buildings in a tapered fashion. Kurt Hibbert -Reviewed the application of MDR, LDR1, MDR2 and HDR Zones. He also reviewed the application of design standard that will be added to the amended Zoning Ordinance. The design standards will need to be incorporated into the appropriate zones. Discussion on adopting the following Zones into Chapter 3 of the City Zoning Ordinance. • 5 Section 3.51 Rural Residential 1 (RRI): The RR1 zone is established to protect stable neighborhoods of detached family dwellings on lots of one acre or more up to five (5) acres. The minimum lot width shall be 150 feet; the minimum front yard shall be h0 feet from the property line or 90 feet from the center line of the road, whichever is greater; the minimum rear yard shall be 30 feet from the property line; and the minimum side yard shall be six inches for every foot of building height with a 10 foot minimum. No structure shall be erected to a height greater than 30 feet to eave height, measured from natural grade at the building site. There can be only one single family dwelling per lot. Household pets are allowed, no more than two domestic livestock for each acre used solely for said livestock shall be allowed. Installation of curb and gutter or a drainage facility approved in advance by the Planning and Zoning Commission shall be required. The maximum lot coverage by buildings, including the dwelling, shall be 50 per cent. Section 3.52 Rural Residential 2 (RR2): The Rural Residential 2 Zone is established to provide rural residential zoning for the development and protection of country neighborhoods. This zoning may be applied in areas where traffic flow is limited primarily to local area residents and where the expansion of transportation to areas adjacent to the zone is not anticipated. The zone shall be characterized by single family dwellings on lots of a minimum of ~/2 acre, ample off-street parking and reflecting a rural isolated atmosphere. An accessory apartment is allowed with a Conditional Use Permit. Neighborhoods with RR2 zoning conform to the city typical road section for RR2 neighborhoods. Application of RR2 Zoning must be consistent with topography where storm run off and erosion are not a problem. The City of Rexburg right of way width is a minimum of 68 feet. Two (2) dwelling units per net acre is the maximum density permitted in RR2. Section 3.61 Medium Density Residential 2 (lVIDR2): The Medium Density Residential 2 is established to protect stable neighborhoods of detached single family dwellings on smaller lots and multi-family housing not to exceed 22 units per acre as an allowed use by right. Restoration or rehabilitation of older homes in this district shall be encouraged. Conditional uses of up to 24 units per acre shall be compatible with an atmosphere of low building heights, low traffic volumes, ample off-street parking, and low nuisance potentials at a higher density than MDR zones. The maximum density permitted in this district is twenty-four (24) dwelling units per net acre. Setback and minimum lot size requirements in MDR2 are the same as in MDR1. Maximum Lot Coverage is 80%. Winston Dyer -Recommended that the Commission look at the entire Zoning Ordinance revision proposal in the next meeting on March 06, 2003. Discussion on RR1 being adopted by the City of Rexburg. Winston indicated that this Zone is a new Zone for the City of Rexburg. It is a major change to the City Zoning Ordinance. Ted W11yte -Mentioned that Rexburg Heights has larger lots that accommodated livestock. The animals have been taken off the properties over time. • 6 David Stein would not want RRl applied to the rest of the City. He indicated that it should only be used For annexation of County subdivisions into the City of Rexburg. ~~ Discussion on the fact that RRl does not require sidewalk and RR2 does require sidewalks. Kurt Hibbert -Reviewed the conditions that allow a grandfathered use. If the non-conforming use is discontinued for 12 months, the grandfathered right is lost. Stephen Zollinger -Clarified the discussion on RRl . Other Cities have horses inside their City limits. He recommended the adoption of RRl inside the City of Rexburg. Steve McGary -Talked about having livestock inside the City with RRl . Jerry Hastings -Reviewed the need for the Commission to control the long range use on RR1 inside the City. RR2 Changes -amendments will be presented to the Council before the 3rd reading. Drainage for the road in the RR2 Zone was reviewed. Widdison Subdivision and the Willowbrook subdivision will be anon-conforming use for RR1. Stephen Zollinger -Sidewalks are not required in the RRl Zone. ,. +Discussion on having livestock in an RR1 Zone. Jerry Hastings moved that the Planning Commission recommend RRl, RR2 and MDR2 Zones to be presented to the City Council with the following requirements that would be applied to the Ordinance before the third reading of proposed Ordinance 886. 1) Delete the RR2 language describing (2000 sq feet for an additional unit). 2) Provide adequate language in RR2 to allow for the containment of run off water. 3) Provide fora 68 foot right of way. Ted Whyte seconded the motion; Discussion on the height of a building being 30 feet in RR2. Ted recommended amending the height of a Building in RR2 from 30 feet to 25 feet. 4) Maximum building height is 25 feet Jerry amended his motion to change the building height in RR2 from 30 feet to 25 feet. Ted amended his second to include the change in the maximum height of a building in RR2 to 25 feet. Question was called. All voted aye, none opposed. The motion carried. i• Winston commented on the requests that are currently on the table. • Tabled 01-16-03 -Comprehensive Plan Change - 1St North to lst South on East Main • .Tabled 12-19-02 -Annexation w/M1~1Z2 Zone - 230 North Hwy 33 • Tabled 02-06-03 -Annexation w/MDR Zone - 467 East 7th North Kurt Hibbert -Commented on current discussion with property owners on the NE section of the City. Kurt indicated that many of the residents in that area are requesting annexation. Joe Laird -Commented on the history of the area adjacent to 7th North and a proposed road for the area. Adjourned 8