HomeMy WebLinkAboutP&Z MINUTES APRIL 03, 2003CITY OF REXBURG •
PLANNING AND ZONING MIN~7TES
Apri103, ?003
7:00 p.m.
Chairman: Winston Dyer
Members: Robert Schwartz -Excused
Ted Whyte
Mike Ricks
Steve McGary
Doug Smith
Jerry Hastings
Mary Haley
JOrdarl Dyer - LXCUSGd
David Stein
Joseph Laird -Excused
P.F.C. John Millar
P & Z Administrator Kurt Hibbert
City Attorney Stephen Zollinger
City Clerk 131air D. Kay •
Portions of the meeting were recorded.
Winston Dyer -Excused Robert and Joseph from the meeting.
Consent_Agenda: The consent agenda includes items which require formal Planning
Commission action, however they are typically routine or not of great controversy. Individual
Commission members may ask that any specific item be removed fi^om 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 March 20, 2003 meeting
David Stein moved to approve the consent agenda; Doug Smith seconded the motion:.
all voted aye, none opposed. The ~aotion carried.
Noncontroversial Items Added to Agenda
Winston Dyer -Mentioned that the Cit<~ Council passed the Annexation Ordinance 887 last
night. There were some inceptves offered to the residents to connect before
October 31, 2004. urinston commented on a letter from Lee Dexter concerning the
recent annexation. Lee was not in favor of the annexation law for the State of Idaho.
Kirt Hibbert -- ~`ndicated that the City of Kexburg would respond to the letter for L,ee Dexter. •
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Discussion on Site Plan reviews -Winston Dyer
Winston Dyer - Lead a discussion on site plan reviews that have previously been done by the
Commission. The general feeling from the Commissioners was that all of the site plans
would not need to come before the group. The City Engineering Department can process
most of the site plans reviews.
Kurt Hibbert -Commented on the idea of a Spot Zone being used in special circumstances to
accommodate the needs of neighborhoods. This planning tool could be used in
transitional areas where local commercial services are needed in residential areas.
Stephen Zollinger -Indicated that some Cities are requiring large ne~~ residential developments
to have a Commercial Pod planned in the development. This will help lower the traffic
movement in a City from Residential to Commercial areas.
Winston Dyer - Conducted a discussion on how the Commission can transition their efforts
from technical reviews to planning reviews of requests that are presented to
the Commission.
Stephen Zollinger -The Commission must be able to determine "findings of fact" that would
cause the Commission to deny a request when the request is meeting the zoning
requirements of the property.
Discussion on the cycle that a zone change creates in a neighborhood. The Commission has had
some reservations concerning past zone changes due to the effect multi-family zoning
has on residential neighborhoods. The re-zoned neighborhoods that are re-zoned to
multi-family zones become rental neighborhoods. It is an effort by the property owners
to maximize their use of their property.
Discussion on having site plan reviews completed by the City Departments.
Role & Function of Plannin; & Zoning -Winston Dyer
Winston Dyer -Provided the Commissioners with a handout on the Ten Commandments of
Planning and Zoning. The mission of the Planning and Zoning Commission was
reviewed by the Connnissioners. Winston spent some time reviewing the hand out with
the Commissioners.
Stephen Zollinger -Indicated that the findings of fact indicate specifics to delineate the reasons
for the decision.. Great deference is given to the Commission's objectivity.
Jerry Hastings -Indicated that reasonable objections are needed to craft a decision. He asked if
it would be possible for legal council to help construct objective analysis of a given set of
parameters to construct a motion.
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Stephen Zollinger -Indicated that it would be appropriate to help with the wording and direction
of a decision. Stephen discussed the "Moving Target Case'' where expectations are
changed to deny a request. The Court does not view this approach as appropriate
behavior.
Jerry Hastings -Recommended that the City Staff screen requests for Public Hearings. This
would eliminate one Planning and Zoning meeting for the request. The process to obtain
a decision is too long. Jerry recommended simplif~~ing the process.
Jerry Hastings moved to have the Staff screen Public Hearing requests before they come to
Planning and Zoning in a Public Hearing; Steve McGary seconded the motion;
Discussion on the need to Dave relevant information given to the Commission ahead of
the meeting. Kurt will be responsible for the Public Hearing Schedule. Kurt's office will
provide a recommendation to the Commission with the criteria for scheduling and
screening agenda items. Kurt can have discretion to screen the request and provide the
input to the Manning Commission. All voted aye, none opposed., The motion carried.
Zoning Compliance -Kurt Hibbert reported that there are additional reports of zoning
violation coming into hisoffice. There are older apartments that do not have adequate
parking. Kurt recommended creating a historical apart-nent zone that would not allow
parking privileges. This zone would require the apartment complex to rent to
individuals v,~ithout automobiles. Kurt indicated that there is one case on non-compliance
that is in the fact finding phase with the attorneys.
Public Hearin:
7:05 p.m. Conditional Use Permit (Apartment) - 270 West 2°~ North -Trevor Cardon
Trevor Cardon - 270 West 2°d North - He is proposing to add a basement apartment with an
outside entrance on the east side of the apartment. They plan to start construction in
about two months. He reviewed the proposal on the overhead screen. There will be two
parking stalls on the east side of the property with a hard surface.
Kurt Hibbert -Indicated that the Staffrecommends this proposal be approved. The parking
stalls will have to comply with the set backs contained in dle Zoning Ordinance.
Those in favor of the proposal: None given
Those neutral of the proposal: None given
Those against the proposal: None given
The Commissioners discussed the proposal with a concern on the illegal parking that is currently
being done on the property. Trevor indicated that he would comply with the Zoning
Ordinance concerning his parking stalls.
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Doug Smith moved to approve the Conditional Use Permit for an apartment with the condition
that the City Staff approval the request; Ted Whyte seconded the motion; all voted aye,
none opposed. The motion carried.
New Business•
Site Plan approval -Teton River Village - 485 North Zaa East -Cameron Gunter
The request was withdrawn from the agenda. The site plan was not completed in time
for this meeting.
Winston Dyer -Attended the Madison County Transportation Plan meeting last night.
The "Level of Service'' ratings given by Traffic Engineers for intersections on 2nd East
was reviewed. Winston indicated that there are three intersections on 2nd East that were
given a poor rating of either a "D" or an "E" rating. The developer of the Teton River
Village has been asked to provide the City a traffic study of the effect of their proposal to
2nd East.
John Millar -Reviewed the new site plan that is being changed to reflect planning concerns.
The Commission viewed the incomplete site plan on the table. The City Engineering
Department will continue to work with the developer to solve traffic flow problems.
Sherwood Ricks - Provided a Letter of concern with the proposed new development. Sherwood
would like to see due diligence exercised in the evaluation of this proposal.
Discussion on the proposed site plan and the separation of the two proposed buildings. Wendy's
access is an easement through the v'Deii's Furniture property.
Plat approval for MDR Zone -Green Gables II - 350 South Pioneer Rd -Randy Webb
This is a Planned Residential Development (PRD) request for a Conditional Use Permit.
A Public Hearing is required for this proposal.
Randy Webb - 2526 Mesa, Idaho Fa11s - Tliey are planning a Planned Residential Development.
Randy reviewed the proposal on the overhead screen. Each building will be financed
separately.
Kurt Hibbert -Reviewed the plan on the overhead screen. Staff recommends that this proposal
go to a Public Hearing. The PRD development requires protective covenants. The lots
do not meet the minimum lot size requirements for a subdivision. Therefore a PRD was
planned to allow the buildings to be sold or financed separately.
Mary Haley -Reviewed the number of units in each building. There are four units in each
building.
David Stein moved to send this proposal to a public hearing; Steve McGary seconded the
motion; all voted aye, none opposed. The motion carried.
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Rezone request from (LI) to HBD -Bagley Enterprises -West of 0500 Mechanics Off
Trejo Street -Terry Bagley
Terry Bagley - 423 South Yale Ave -Reviewed the proposal on the overhead screen. He
reviewed the growth around his property in the past two years. They have had requests
from people to develop the property into medical, dental, attorney, real estate, title and
professional office space. There are 2.44 acres in the proposal.
Steve McGary -Reviewed the location and size of the property in this request. The property
joins the Melaleuca property on the West. Discussion on the proposal and the need
to tie into the existing Trejo Street. Trejo Street will have a controlled railroad
crossing.
Discussion on the 6 inch strip of property owned by another party that separates this property
from Trejo Street. Winston indicated that the question before the Commission is
if this request should go before a public hearing.
Kurt Hibbert -Reminded the Commissioners of the need to replace any Light Industrial property
with new Light Industrial property as these re-zone requests are shrinking the Light
Industrial Zones.
Ted whyte - Declared a conflict with this proposal because lie owns property across the street
from this development.
Terry Bagley -Continued to discuss the proposal on developing part of the property for
Highway Business District and the remaining propezty as Light Industrial Terry
indicated that some of this property could be developed into warehouse/manufacturing
buildings.
Jerry Hastings moved to send this request to a public hearing; Mazy Haley seconded the motion;
all voted aye, none opposed. The motion carried.
Rezone request from (MDR/HBD) to HDR - 4"' East & Barney Dairy Rd -Tom O' Toole
Winston Dyer - Declared a conflict with tlus proposal and stepped away from the table.
Ted Whyte -Took control of the meeting and reviewed the proposal on the overhead screen.
Tom O' Toole - 2270 Canyon View Drive, Layton Utah -Passed out an overhead picture of the
property. He also reviewed the proposal on the overhead screen. Tom discussed the
location of the property. They plan to leave 1.6 acres of the property as HBD zoning for
medical offices. Tom passed out architectural drawings of proposed apartment buildings.
They need 26 units per acre in some portions of the development. It will be constructed
for married student housing. They are planning to have underground parking
(one parking stall per unit) for this development. The rent will be on the upper end of the
rental unit price range. There is a 16-inch water line easement for a water line on the
property with the City of Rexburg.
Kurt Hibbert -Indicated that this proposal is in compliance with the Comprehensive Plan.
Mike Ricks moved to send this proposal to a public hearing; Doug Smith seconded the motion;
All voted aye, none opposed. The motion carried.
Winston Dyer -Rejoined the Commissioners at the table.
Unfinished/Old Business:
Work Meeting on the Comprehensive Plan and Zoning (Seeking involvement of
the residents for public input)
Comprehensive Plan -The Commissioners discussed how to get public input on the
proposed changes to the Comprehensive Plan.
Discussion on the past program fostered by the City to obtain public input for a Comprehensive
Plan Change. University l:nternships would be a possible resource for this project. Kent
Marlor would be a possible contact for the Planning Commission with the University.
Steve McGary will approach the Internship Office with this proposal. Winston
recommended having input back to the Commission on this proposal at the next meeting.
Mary Haley and Steve McGary will present a plan to the Commission at the next Planning and
Zoning meeting. This plan will indicate how to proceed. with obtaining public input on
the proposed changes to the Comprehensive Fian.
Planning and Zoning Ordinance -The Commission discussed incorporating the Subdivision
Ordinance into the Planning and Zoning Ordinance. The University Ordinance should
also be included in the Planning and Zoning Ordinance. The new Planning and Zoning
Ordinance will have Chapters and Sections to display the Ordinance information.
Subdivision Ordinance -Subdivision Ordinance assignments need to be given to all the
Commissioners. The Commissioners need to read the Ordinance and report on it at the
next meeting. There will be an agenda item for this process.
Tabled Items: None
Adjourned