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HomeMy WebLinkAboutP&Z MINUTES JULY 03, 2003CITY OF REXBURG • PLANNING AND ZONING MINUTES July 3, 2003 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz Mike Ricks Steve McGary -Excused Doug Smith -Excused Jerry Hastings -Excused Mary Haley Jordan Dyer -Excused David Stein Joseph Laird Randall Porter P.F.C. John Millar -Excused P & Z Administrator Kurt Hibbert . 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 of great 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 June 19th and June 26th, 2003 meeting Mike Ricks moved to approve the consent agenda; Mary Haley seconded the motion; all voted aye, none opposed. The motion carried. Zoning Violations -Kurt Hibbert explained sonne of the non-compliant issues and the education process that is needed to bring the residents up to speed. Residents are reporting abandoned or unusable cars on residential lots. One home was remodeled to three apartments; however, the applicant did not abide by the Planning and Zoning conditions to receive a Conditional Use Permit or an Occupancy Permit. The City is requiring the owner to vacate the dormitory style housing and re-apply for a Conditional Use Permit if they want that type of occupancy. . (~ • -Kurt indicated that some residents were able to come into the City and show that they had their apartments before the Zoning Ordinance was enacted. These residents were given a Conditional Use Permit based on their documentation. Kurt reviewed Pioneer Equipment's landscaping effort on their new Commercial business. They put the required landscaping for trees in two areas on the lot instead of spreading them out over the length of the property. This allows them to showcase their equipment against U.S. Hwy 20. Noncontroversial Items Added to Agenda: Discussion on the Zoning nomenclature -Fred Calder reviewed his proposal to change the name of the MDR2 Zone to "Intermediate Zoning". Fred indicated that it would be less confusing to him. He reviewed the density of each Zone starting with the LDR Zone with 8 units per acre up to the HDR Zone, which allows 42 units per acre. Fred reviewed MDR and HDR Zoning and the units per acre that are allowed in those Zones as noted in the Zoning Ordinance. He indicated that the Planning Commission and the City Council desired to have an intermediate Zone between MDR and HDR. Fred would prefer to call the MDR2 Zone an Intermediate Zone. Fred offered a second suggestion to have more clarity in the description of the Zones. He suggested have parking stipulations in each Zone. He reviewed the parking stalls per unit; with one, two and three bedroom units as noted in the HDR Zone in the Zoning Ordinance. Fred would prefer to have the same stipulation in the remaining Zones. ~ • Winston Dyer reviewed Fred's concerns with the Zoning nomenclature in the Zoning Ordinance. The MDR2 Zone was created to allow the Plamling Commission more control over the density that is approved for higher density Zoning. Winston continued to explain the reason for creating the MDR2 Zone to act as a bridge between MDR Zoning for 16 units per acre to HDR Zoning for 42 units per acre. He indicated that the MDR2 Zone allows up to 24 units per acre. The thought was that MDR2 was a better density option than the HDR2 Zone for the City of Rexburg. Discussion on gross and net acre descriptions in the Zoning Ordinance. The use of a `net' acre came about so that a road would not be included in the calculation of the number of units per acre in a particular Zone. Stephen Zollinger reviewed the descriptions for `net' and `gross' acres. He mentioned that the description of an acre in the Zoning Ordinance does not require a description under the law. The City does not allow public roads to be counted as part of the acreage on a piece of property. Private roads are part of the property and they are counted as part of the acreage. Stephen mentioned that the only time net acreage and gross acreage became an issue was in `unincorporated' areas. They did not dedicate public right of way in unincorporated Communities. The City of Rexburg does not accept roads that are not dedicated for public right of way. 2 Winston directed Kurt to have the definition of an acre put in the new Zoning Ordinance. • Mary Haley mentioned MDR2 could allow more room for green space in a development by having more open space in the lot. David Stein -Reviewed the concepts of MDR and HDR. Mary Haley -Impact Zone properties may use a `net' acreage definition. Mike Ricks -Discussed the confusion of using two terms instead of one term. Stephen Zollinger -Indicated that there will never be a reason to use `Net' or `Gross' acres inside the City. Joseph Laird -Reviewed the concept of private roads in developments being part of the hard surface for the development. Stephen indicated that this would be to the developers detriment because it would consume more land to fulfill the green space requirement. Kurt Hibbert -Reviewed the Parking stipulations in the Parking chapter as noted in the Zoning Ordinance. The HDR2 Zone has the parking requirements in that Zone. The other Zones refer to the Parking Chapter. The new rewrite of the Zoning Ordinance will have a parking requirement in each Zone. Shawn Larsen mentioned that Cambridge Court at 419 West Main Street has one, two and three • bedroom units. This development falls under the parking stipulations in HDR2. Stephen Zollinger explained the reasons for having specific language in HDR and HDR2 for parking. Once a development reaches a threshold of 30 units per acre, the need for more parking stalls increases to provide for guest parking. This is mainly attributed to three bedroom units. One bedroom units do not have the same tendency to increase the guest parking requirement. Stephen indicated that in MDR2, a development could end up with a higher parking ratio per bedroom than an HDR2 Zone. Discussion on the source of the parking requirements in the Zoning Ordinance for HDR and HDR2 Zones. The University commissioned a private firm to study the needs of the Community. The result of the study was to allow a different parking requirement for developments over 30 units per acre based on the number of bedrooms in each unit of the development. The following table is located in the Zoning Ordinance for Parking. • ' ~ 5.8 i Use RESIDENTIAL `~. • • TABLE 3. REQUIRED NUMBER OF SPACES. Single family dwellings Multi-family dwellings (MDR) High Density Residential (HDR) & HDR2) 1 bedroom 2 bedroom 3 bedroom Student housing Multi-family dwellings for the elderly Nursing homes Motels and hotels (transient lodging) Parking Spaces 2 spaces per unit 2.0 spaces per unit 1.5 spaces per unit 2.0 spaces per unit 2.5 spaces per unit 1 space per student 0.7 spaces per unit 0.25 per bed 1.00 per sleeping room Kurt Hibbert reviewed examples of requests that are asking fora 2nd unit in the backyard with the existing home facing the street. The second building may be afour-plex or a single residential unit. Discussion on the reason that this is allowed in an MDR Zone in the Zoning Ordinance. Stephen & Winston indicated that this will only work in an MDR Zone. The Front yard faces the street with the proper setback and the 2nd building must maintain the rear yard setback for the parcel where the two buildings are located. Intermediate Density Proposal -Fred reviewed a property next to his that tried to re-zone to MDR2. He thought it was confusing to the public to have an MDR2 Zone for 24 units per acre and call it medium density housing. Additional discussion on the reasons to have an MDR2 Zone in the City of Rexburg. Mary Haley indicated that the Commission is trying to standardize the Zoning descriptions. Mike Ricks indicated his desire to leave the MDR2 Zone as it is currently described in the Zoning Ordinance. Randall Porter agreed with Mike to leave the definitions the same as they are in the Zoning Ordinance. David Stein indicated that if Staff is receiving other concerns they may need to address the issue of changing the name of MDR2. Public Hearin: None New Business: None 4 Unfinished/Old Business: Work Meeting on the Zoning Ordinance Kurt Hibbert -Reviewed the new Zoning Ordinance rewrite and the proposed nomenclature. The following list of titles were reviewed with the Commissioners: CHAPTER 3 ZONING DISTRICTS 3.1 Establishment of Zones: Official Map• The boundaries and zoning classifications of districts are shown on the map entitled "Zoning District Map of the City of Rexburg, Idaho," which map and all information shown thereon are by reference made a part of this Ordinance. The City may be divided into the following zoning districts, the boundaries and extent of which shall be shown on an official zoning district map by the City Clerk: Residential Zones Highway Business District Zones (a) Low Density Residential 1 (LDRl) (m) Local Business Center (LBC) (b) Low Density Residential 2 (LDR2) (n) Community Business Center (CBC) (c) Low Density Residential 3 (LDR3) (o) Regional Business Center (RBC) (d) Medium Density Residential-1 (p) Light Industrial District (LI) (MDRl) (q) Heavy Industrial District (HI) (e) Medium Density Residential 2 (MDR2) Other Zones (f) High Density Residential 1 (HDRl) (r) Professional Office Overlay (PO) (g) High Density Residential 2 (HDR2) (s) Urban Mixed Use Overlay Zone (h) Rural Residential 1 (RRl) (MXO) (i) Rural Residential 2 (RR2) (t) Professional Office Zone (POZ) (u) Technology and Office Zone (TOZ) Commercial Zones (v) Airport District (AP) (j) Neighborhood Business District (w) Open Space Overlay (OS) BD ~ ) x O Universit District U Y ( ) (k) General Business District (GBD) (y) Transitional Agricultural 1 (TAG) (1) Central Business District (CBD) • r ~~ ~, ;t • 3.2 Determination of District Boundaries. Unless otherwise defined on the zoning district map, district boundaries are the quarter lines or center lines of ten (10) acre blocks; platted lot lines; property lines; the center lines of streets, alleys, or railroad right-of--way (or such lines extended); government survey lines; municipal limit lines; or the center lines of streams. 3.3 Lots Divided ~ District Boundaries. If a parcel or lot is divided by district boundaries, the requirements of the most restrictive district shall apply to the property. 3.4 Low llensity Residential 1 (LDR1) 3.4.010. Purposes and Objectives. 3.4.020. Permitted Uses. 3.4.030. Lot Area. 3.4.040. Lot Width. 3.4.045. Lot Depth 3.4.050. Lot Frontage. 3.4.060. Prior Created Lots. 3.4.070. Dwelling Density. 3.4.080. Yard Requirements. 3.4.090. Projections Into Setback and Right-of-Ways. 3.4.100. Building Height. 3.4.110. Distance Between Buildings. 3.4.120. Permissible Lot Coverage. 3.4.130. Parking, Loading and Access. 3.4.140. Project Plan Approval. 3.4.150. Fencing and Screening 3.4.160. Design Standards 3.4.170. Other Requirements 3.4.010. Purposes and Objectives. The LDR1 zone is established to protect stable neighborhoods of detached single family dwellings on larger lots. The limited conditional uses allowed in this district shall be compatible with are atmosphere of large, landscaped lawns, low building heights, ample setbacks and side yards, predominantly off street parking, low traffic volumes, and low nuisance potentials. The maximum density permitted in this district is three (3) dwelling units per net acre. 3.4.020. Permitted Uses. (1) Those uses or categories of uses as listed herein, and no others, are permitted in the LDRl zone. (2) All uses contained herein are listed by number as designated in the Standard Land Use Code published and maintained by the Planning Commission. Specific uses are identified by a four Discussion on the Zones that are available in the Zoning Ordinance. Chapter three of the Zoning Ordinance has incorporated some of the Zones that were previously only in the Impact Area. Stephen Zollinger indicated that the Impact Zones will be available to be used in the City in Chapter three when the new Zoning Ordinance is available. This will allow properties in the Impact Zones to keep the same Zone through the Annexation process. Kurt Hibbert requested that the Commission work on `Neighborhood Business Districts' in the near future. Discussion on incorporating the new Design Standards into the building permit review process. 6 The Commission discussed the Design Standards that were adopted on July 2, 2003 by the City of Rexburg. Randall Porter reviewed the proposal to have incentives that would encourage existing buildings to comply with the new Design Standards. Mary Haley recommended a Beautification Award presented by the City of Rexburg to those that comply with Design Standards. Discussion on the location of garbage dumpsters and the reason for the City requesting them to be located so the garbage truck does not have to back up. The Planning Department is working towards having the Comprehensive Plan in draft form by the 17~' of July. Winston Dyer requested that the Subdivision Ordinance needs to be scheduled to be on the agenda in the near future. Randall Porter asked where Hospitals Zones can be located in the Zoning Ordinance. Kurt Hibbert mentioned that a Hospital can be located in almost all of the Zones in Rexburg with a Conditional Use Permit. HBD allows Hospitals without a Conditional Use Permit. . Randall Porter discussed the Professional Office Zone that maybe incorporated into the new Zoning Ordinance. Discussion on a special zone for medical offices in the City. Stephen Zollinger mentioned the need to evaluate the long term needs of the Community even though it may disrupt certain neighborhoods. Winston Dyer concurred with Stephen that the Community needs to be considered first on Zoning issues. Robert Schwartz concurred. Shawn Larsen mentioned the need to have businesses maintain their green space areas. If necessary, it can be done by an Ordinance. Tabled Items: None Adjourned • 7