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HomeMy WebLinkAboutP&Z MINUTES MARCH 20, 2003CITY OF REXBURG • PLANNING AND ZONING MINUTES March 20, 2003 7:00 p.m. Chairman: Winston Dyer Members:, Robert Schwartz -Excused Ted Whyte Mike Ricks Steve McGary Doug Smi+~h Jerry Hastings Mary Haley Jordan Dyer David Stein Joseph Laird P.F.C. John Millar P & Z Administrator Kurt Flibbert ' City Attorney Stephen Zollinger City Clerk Blair D. Kay Portions of the meeting were recorded. Consent Agenda: The consent agenda includes items which require formal Planning Commission action, however they are typically routine or not ofgreat controversy. Individual Commission members may ask that any specific item be removed from the consent agenda for discussion in greater detail. Explanatory information is included in the Planning Commission's agenda packet regarding these items. a. Minutes from the IViarch 06, 2003 meeting Steve IV1cGary moved to approve the consent agenda; Dave Stein seconded the motion; all voted aye, none opposed. The motion carried. Noncontroversial Items Added to Agenda Winston Dyer -Commented on a handout given to the Commissioners by Kurt Hibbert on the a workshop for planning procedures to be used in public meetings. The report discusses State laws and policies for open public meeting procedures. • 1 • Zoning Compliance Kurt Hibbert -Indicated that it is an ongoing effort to monitor and notify residents of zoning compliance issues. He received about 10 complaints around the University in an LDR Zone this past week. Once a complaint is filed with the City, Kurt does a fact finding review, before approaching the resident with the complaint. If there is no effort on the part of the resident to comply, a misdemeanor will be issued by the City Police. If there is no compliance at this point; legal action in the form of a misdemeanor will be pursued. Public Hearin: None scheduled New Business: Teton River Villiage -Site Plan Approval - 485 North 2"d East -Cameron Gunter Jerry Hastings declared a conflict and stepped away from the table. Cameron Gunter - 1082 East 1200 South, Springville, Utah 84663 -Explained that the updated site plan was adjusted to eliminate a mixed use proposal on the back of the property. This site plan shows two buildings that will be under construction when the site plan is approved, They will have a small restaurant, bowling alley and four-plea movie theater in the main building, The addition of future buildings on the site was reviewed. Cameron indicated that they have planned fora 46 foot right of way on the South entrance to the complex which is across the street from the Albertson's parking lot entrance. The right of way Till extend to the rear of the property. They have a smaller access planned for the north side of the new building onto 2°d East. There will be 639 parking stalls. The plan calls for landscaping in the open areas until the site is fully developed. The site plan indicated storm water drainage would go to the rear of the property. John Millar -Reviewed the Staff concerns with the access to the property, storm water drainage, and access to the rear of the property on the North side of the building. The City would require a pumping station on the rear of the property. Chris Huskinson -Reviewed the concerns of the Fire Department v~~ith the access, fire hydrant locations and the access around the main building to the rear of the property. Cameron Gunter -Commented on the plan to develop the rear of the property in the future depending on the proposed commercial zones that are being developed for the City. Discussion on adjoining properties and the possible future access to 2"d East. Joseph Laird -Requested information on the elevation plans for the buildings in regard to the flood plain. • 2 Cameron Gunter -Commented on the elevation of the existing buildings on the site. . Winston Dyer -Indicated that the new buildings would have to be one foot above the flood plain. Winston recommended that the developer review the elevation requirements. Steve McGary -Inquired of the developer where the lighting would be placed for the development. The City does not have a lighting requirement for a commercial development. Steve McGary -Reviewed the plans for a buffer to the neighboring properties. Cameron indicated that the parking on the rear of the property will not have a buffer. Cameron did not bring the landscape plan to the meeting. He will provide the landscaping plan to the Commissioners at a later date. He plans to comply with the green space requirements for I~ighway Business District. Winston Dyer -Inquired if the developer had worked with the Idaho Department of Transportation on the proposal. Cameron indicated that the State of Idaho Transportation Department wo~ald not req'aire a traffic study if the developer v.~ould T.vork with the State on the development of the site. Winston continued to discuss the traffic flow problems and the access to the development. He recommended a "right turn in" and a "right turn out" plan for the 2"d East access pointso Mike Ricks -Reviewed the problems that can occur with a large delivery truck accessing the property. Discussion on the type or size of trucks that will be used to access the property. John Millar -Reviewed the parking stalls in the setback. They are allowed in the setback in a Highway Business District Zone. Discussion on the problems with traffic flow and access to the development. There was concerns for the lack of snow storage locations on the site plan. Doug Smith moved to recommend changes to the site plan as follows: 1) Coordinate with City Engineers to correct the north driveway and access 2) Add dimensions to the parking lot and parking stalls 3) Greenway allocation for beautifrcarion of the site 4) Lighting locations shown on the site plan S) Indicate the location of the fire hydrants on the site plan 6) Indicate the street dimensions. on the site plan 7) Indicate the location of the utilities on the site plan 8) Indicate the snow storage locations on the site plan 9) Provide for the drainage of storm water into the City sewer system 10) Clarify the flood plan requirements for the site 11) Provide the expected traffic flow volumes that the development will produce 12) Master plan of the fast food restaurants • '• Steve McGary seconded the motion; Discussion on the need to complete the site plan in the appropriate manner. All voted aye, none opposed. The motion carried. Jerry Hastings rejoined the Commissioners at the table, Rezone request from MDR to MDRZ at 355 West 2°d South -George Wilson George Wilson - 630 Taurus Drive -Reviewed the property on the overhead screen with the Commissioners. He indicated that MDR2 would be a good buffer at this location from the Industrial Zone to the West ofhis property. George is requesting 23 units per acre on this site. There is an easement for access onto George's property by neighbors for street access. Discussion on the request for a zone change on this site. The zone requested for this site is a new zone that was developed for the City to allow density up to 24 units per net acre with a Conditional Use Permit without moving to the next higher zone of (HDRI High Density Residential which allows 30 units per net acre. Stephen Zollinger -Instructed the Commission on the need to approve the zone change reques± before bringing up the request for a Conditional Use Permit to have 24 units in the MDR2 Zone. These two requests should be done in two separate public hearings. '. The Commissioners discussed the concept of keeping this block in an MDR Zone. The railroad property boundary on the rear of the property was reviewed as a good separation point between Light Industrial Zoning and Medium Density Zoning. Spot zoning was a concern with this proposal. This neighborhood (City Blockl has been in the process of transitioning from single family homes to multifamily housing. Increasing the density for this neighborhood was a concern to the Commissioners. Kurt Hibbert -Indicated that MDF~.2 has not been applied in the City of Rexburg. He requested more input from the Commissioners as to where this Zone could be applied in the City. "What circumstance would be appropriate for this Zone"? Winston Dyer -Indicated that this MDR2 Zone would be a good transitional zone from higher density properties to lower density properties. Doug Smith -Reviewed the use of properties in the neighborhood. Many of the residents have relocated to other residential areas outside this neighborhood. He would prefer to see higher density in this location rather than other locations in the City. Jerry Hastings - Recommended to use the Zone in a transitional area from a higher density to a lower density. He indicated that MDR2 was created to be a transitional zone. Jerry did not feel that this was a transitional area. The applicant want to use the proposed buildings as a buffer to the Industrial area with a rail road track. Jerry was opposed to • using a house as a buffer instead of a transitional development between Zones. 4 r Mary Haley moved to deny the request to change the Zone to MDR2; David Stein seconded the . motion; all voted aye except Doug Smith who voted nay. The motion carried to denied the request. Rezone request from MDR to MDR2 at 350 South Pioneer Road -Randy Webb Randy Webb - 2526 Mesaa Idaho palls -Reviewed the property on the overhead screen. The property is adjacent to the U.S. Hwy 20 and the front of the property connects to .Pioneer Road. Spence Larsen's home is adjacent to the property. Randy indicated that the MDR2 Zone would be allow three additional four-plexes to be built on this property. Kurt Hibbert - Reveiwed the reasons for applying MDR2 adjacent to a highway. He indicated that MDR2 would be a good application for this property. Jerry Hastings -Indicated that the property does not have are approved site plan for this portion of the property adjacent to I7,S. Highway 20. This is a request for a zone change from MDR to MDR2. Steve McCaM,~ - Com.*r:ented on the history of the request to zone the property to MDR instead of HDR. The decision to deny the HDR Zone request was done due to the higher density. Discussion on the maximum number units that would be allowed in an MDR2 Zone for this request. There is approximately 2.5 acres in this proposal. The possible density for the MDR2 Zone on this parcel would be 50 plus units. hurt Hibbert - Discussion on where the MDR2 Zone could be applied in the City. Mary Haley moved to deny the request; Joseph Laird seconded the motion; all vote as follows: In favor of the motion Opposed to the motion Mary Haley Mike Ricks Jordon Dyer Steve McOary Joseph Laird Doug Smith Winston Dyer Ted Whyte David Stein Jerry Hastings The motion carried. Rezone request from LDRl to HDR at 407 West 1St North -Dell Ray Barney Rezone request from LDRl to HDR at 410 West 1St North -Barney Auto Repair Dell Ray Barney Discussion on these two requests were combined into one request along with the Covington Property. Winston Dyer -Stated that he may have a perceived conflict of interest through his business. He is working with D.J. Barney on another piece of property. The Commissioners did not indicate that this would be a conflict, Winston remained at the table for the discussion. D. J. Barney - 407 West 1 St North. -Reviewed the properties on the overhead screen. They would like to rezone the properties to High Density Residential. They plan to relocate their business to another area in the correct zones The current use for this property is a non-compliant use for the current zone. The Martha Covington property has been included with this request at her request. The neighbors would prefer to have another use for the property instead of its non-conforming use. • Kurt Hibbert -Commented on the need to change the use of the property in this proposal to a use that is compliant to the City Zonings The City is supportive of the request to bring the property into compliance with the correct zone. Discussion from the Commissioners on applying MDR2 to the request instead of HDR. The applicant would not be interested in less than an MDR2 Zone for his property. Mike Ricks moved to send this request to a public hearing for a zone change to MDR2; Doug Smith seconded the motion; Discussion on the need to include the Rowbury property that is adjacent to the Barney property. Mike amended his motion io include the Rowbury property; Doug Smith seconded the amendment to the original motion to include the Rowbury property; The vote was as follows: In favor of the motion Mary Haley Jerry Hastings Doug Smith Mike Ricks Jordon Dyer Joseph Laird Winston Dyer David Stein Steve McGary ~~~ The motion carried. Opposed to the motion Ted Whyte was opposed to the 410 West 1St North North Barney property going to MDR2 6 Hyde Park Phase II as a (PRD) Planned Residential Development (SE Corner of 5th West and 7th South) Rick Hancock Mary Haley indicated a concern for having a conflict with this project through secondary contacts. She stepped down from the table. Kurt Rowland - Schiess and Associates - 135 -East Main St: -Indicated that the site plan has been modified to comply with the requests from a previous P&Z meeting. They have included lighting on the entryways and moved the south units away from the property line. They have submitted a structural drawing for the covered parking to the City. There will be a 50 foot area for a road along the canal to allow the Canal Company to clean the Canal. There is a 6 foot vinyl fence on the South side of the property. Kurt reviewed the site plan on the overhead screen. Kurt indicated that the City of Rexburg has a written agreement to pump storm water into the Canal. Stepho_n Zollinger -Indicated that the Staff has reviewed the site plan layout. Design review is not currently a part of the Planning and Zoning review process. He recommended that the site plan approval be done by the City Staff Departments. • Discussion on the PRD Ordinance 854 and the application of street widths to a site plan for a Planned Residential Development. The Commission can review the access to public street for public safety. The developer has landscaped all open spaces in the development. Covered parking for some of the units was discussed. There was concern • from the Commissioners with the type and location of the car ports. Stephen Zollinger -The private street requirement for street width is 24 feet. A private street is a street that is opened up to the public for public use. The State traffic statutes can be applied to traffic enforcement. Stephen indicated that the City Staff has received all of the necessary documents for this PRD request from the developer. The Commission needs to move forward on the Design Review Ordinance in order to give the Commission responsibility for the types of designs for structures that are approved in a development. Discussion on the requirement for the private streets to have a specific width requirement where the private street comeects to a public street. "i he Ciiy Council can set that width for private streets. Jerry Hastings -Continued to review the PRD Ordinance 854 and the private drive requirements. The City can require 24 to 36 feet for a private drive width. Kurt Rowland -Reviewed the setback requirements for a private drive contained in Ordinance 854. Joseph Laird -Reviewed the width of the streets. n U 7 Kurt Rowland indicated that 5th West street width would be the standard width of 68 feet. Kurt Hibbert -Indicated that the developer had complied with the requirements recommended by the Planning Commission at the last meeting. Stephen Zollinger -Mentioned that the perimeter of the property needs to comply with the zoning requirements. The interior of the development is not held to the same zoning standards because it is a PRD. John Millar -The lower units will have to comply with ADA requirements. Winston Dyer -Indicated that he has concerns with the presentation of this site plan. Discussion on having design standards applied to PRD requests when they are adopted by the City of Rexburg. Ted Whyte -Read the purpose of~ a Planned Residential Development (PRD) in the City of Rexburg as contained in PRD Ordinance 854e Jerry Hastings -Indicated that the request for a PRD meets the body of the Ordinance. He would like to see open space with meandering streets that would have some aesthetic appeal. • Winston Dyer -Clarified for the record that a planned PRD is subject to a Conditional Use Permit in the City of Rexburg. David Stein moved to send this proposal for a PRD to a Public Hearing; Steve McGary seconded the motion; In favor of the motion Ted Whyte Jerry Hastings Doug Smith Mike Ricks Jordon Dyer Joseph Laird David Stein Steve McGary The motion carried. • Opposed to the motion Winston Dyer Abstained Mary Haley Legacy Townhomes Phase 1- (562, 566, ~6f1 ,570 Legacy Lane) • Rees and Jenks Development, lL1LC Mary Haley rejoined the Commissioners at the table. Brandon Jenks - 1989 North 11000 East, Newdale -Reviewed the site plan on the overhead screen. He is presenting the proposal. as a subdivision plat to sell the units as Townhomes. It is the first of three phases. John Millar -Indicated that this is a Subdivision Plat. Brandon Jenks - It is a "0" lot line development with common walls. John Millar -Staff recommended approval of this Subdivision Plat. Steve McGary moved to accept as a final Plat; Jerry Hastings seconded the motion;. all voted. aye, none opposed. The moti®n carried. Unfinished/Old Business: Work Meeting on the Comprehensive Plan and Zoning Winston Dyer reviewed the tabled items that need Planning Commission attention. • Tabled OI-16-03 -Comprehensive Plan Change -1St North to 1St South • on East Main -Raymond Hill • Tabled 12-19-02 -Annexation w,~IDR2 Zone - 230 North Hwy 33 • Tabled 02-06-03 -Annexation w/MDR Zone - 46? East ?tl' North Comprehensive Plan Change -1St North to t'g South on East Main -Raymond Hill Discussion on Raymond Hi11's request on the table to ;hange the Comprehensive Plan on the East end of Main Street. This request was tabled by the Commission January 16, 2003 until the matter could be addressed in the amended Comprehensive Plan. Mary Haley moved to take the request off the table for discussion; Jerry Hastings seconded the motion; All voted aye, none opposed. The notion carried. Winston Dyer -Commented on the proposed Comprehensive Plan change that will need to be presented to the public and the City Council in the Public I-Iearing process. He recommended that this proposal be combined with other requests. Mary Haley moved to deny the request presented by Ray?nond Hill to change the Comprehensive Plan on the East end of Main Street from lst North. to lst South due to the impending changes to the Comprehensive Plan proposed by the Planning Commission; David Stein seconded the motion; all voted aye; none opposed. The motion carried. • c~ • Annexation with an MDRZ Zone - 230 North Hwy 33 Annexation w/MDR Zone - 467 East 7th North Jerry Hastings moved to remove the tabled annexation requests from the table for discussion; Ted Whyte seconded the motion; all voted aye, none opposed. The motion carried. Discussion on the properties near 7t" North to be included in the annexation proposal. Kurt has worked with several property owners that are seeking annexation in this area. Annexation of Properties located adjacent to 7th North on the East side of Highway 33 (Twelve properties owned by Grovers, Jeppesens, Stegelmeiers and others) Kurt Hibbert -Reviewed the proposal and the surrounding properties. Kurt indicated that there are 12 parcels in the area that have asked for annexation. Kurt supplied the Commissioners with a map that indicated the property that is in the requests. The map showed parcels of property north and south of 7t" North. Kurt indicated that Mr. Arave has complied with the Planning Commission's request for an annexation proposal. His request must be considered under the current Comprehensive Plan. Jerry Hastings indicated that he owns property in the area of this proposal. He disclosed this information to the Commission because they were discussing annexation and zoning of property adjacent to his development. • Discussion on annexing these 12 parcels into the City of Rexburg. Ted Whyte -Indicated that it was good for long term plamiing for the City to annex these separate parcels at the same time. Continued discussion on the proposed changes to the Comprehensive Plan. Kurt Hibbert -Indicated that Tom Arave has a request that was presented to the Commission and tabled to allow Tom to work with the City of Rexburg and adjacent land owners for a single annexation proposals. Kurt indicated that the Commission needs to discuss the road application in the area.. Seventh South is planned to be a minor arterial in the City of Rexburg. The right of way planning for that road will need to be considered as the area is developed. Winston Dyer -Discussed the option of considering all 12 parcels in the same annexation proposal. Jerry Hasting moved to approve the requests to send parcels 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 1 1, 12 as indicated on the annexation map to a Public Hearing before the Planning and Zoning Commission; Mary Haley seconded the motion; all voted aye, none opposed. The motion carried. • Adjourned: 03-20-2003 12:00 a.m. 10