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. •
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• 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.
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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
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'• 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.
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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.
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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
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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.
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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.
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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.
•
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• 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.
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