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HomeMy WebLinkAboutP&Z MINUTES SEPTEMBER 04, 2003• CITY OF REXBURG PLANNING AND ZONING MINUTES September 04, 2003 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz Mike Ricks -Excused Steve McGary Doug Smith -Excused Jerry Hastings Mary Haley -Excused Jordan Dyer David Stein Joseph Laird Randall Porter Public Works Director John Millar Finance Officer Richard Horner -Excused \ P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger -Excused 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 August 21, 2003 meeting Steve McGary moved to approve the minutes for August 07th; Joseph Laird seconded the motion; all voted aye, none opposed. The motion carried. Noncontroversial Items Added to the Agenda: Light Industrial Zoning Discussion on 5th West -Clint Miller - 17 East 1St North discussed his property on 5th West with the request to rezone the property from Light Industrial to Multi-family `' ~ Zoning for a residential four plex. He indicated that most of this area is residential. 1 Winston Dyer reviewed the history of the Light Industrial Zoning that has been surrounded by other Zones like residential. The area for Light Industrial Zones is shrinking in the City. Discussion on other options for the property instead ofmulti-family housing. Kurt Hibbert reviewed the 1968 Ordinance that had a residential zone in this area. Winston Dyer indicated that this area has been under review for a zone change to multi-family. There are concerns with loosing Light Industrial Zoning for the City. It may be an issue of timing to allow for this proposed change in the zone. Steve McGary indicated some concern with the over building that is going on with married housing. This proposal will add to the problem. Discussion on the number of married housing units that is available at the current time. Kurt handed out a report that shed some light on the number of units in use or under construction. This report seems to represent that there is a potential for overbuilding in the married housing sector. Kurt Hibbert discussed the recent rezone from Light Industrial to HBD across the street and to the south of this property. He mentioned that the Light Industrial Zone is shrinking and needs to be replaced somewhere in the City. Discussion on the properties going north from this site on 5th West. Jerry Hasting mentioned that it was not a good location for a commercial business. Joseph Laird indicated that he would support a zone change. Jerry concurred with Joseph that this area north to the canal should be reviewed for multi-family housing. Randall Porter questioned if it would be possible to have other types of zones in this area. He mentioned having the Railroad fenced for safety reasons if the zoning is changed to family housing. Winston Dyer summarized the discussion indicating that there may be a possibility of rezoning that area up to 3rd South. Zoning Compliance: Kurt Hibbert -There have not been any tickets given out concerning the Nuisance Ordinances. Kurt mentioned that the City Sign Ordinance needs to be updated. There have been a couple of complaints concerning inoperable vehicles. In Pocatello there is a Police Officer that monitors zoning compliance issues. Discussion on the possibility of doing something similar in Rexburg. Liens could be applied to the property if needed. Winston Dyer discussed the problem of parking on lawns. • 2 '"• Kurt Hibbert mentioned that the City could place warning stickers on cars to warn them of a zoning violation. The building department does help with monitoring complaints. Discussion on the design standards that are being applied to new developments. Public Hearings: 7:05 p.m. -Rezone from MDR to MDR2 -about 330 South Pioneer Road - (Dean Peterson) Winston Dyer declared a conflict and stepped away from the table. Robert Schwartz took control of the meeting. Winston Dyer - 667 Summerwood Drive -Indicated that he was authorized by the Petersons to represent them ir. this Public Hearing. This parcel is on Pioneer Road just north of the canal. It is a 6 acre piece. The current zone is MDR (16 residential units per acre). Winston reviewed the history of the requests that have been submitted to change the zone on the parcel from MDR to HDR or MDR2. At a previous Planning and Zoning meeting the request was denied for an HDR Zone and at an appeal meeting with the City Council the appeal to have MDR2 was denied. This hearing was scheduled to seek a Zone change from MDR to MDR2. Winston reviewed the buffering from a lower zone to a higher zone for this area. A plan for the project was handed out to the Commissioners. Parking restricts the number of units that can be developed on this parcel. The allowable units per acre would be about 19 units per acre. The applicant is requesting a MDR2 Zone that would allow 24 units per acre. The applicant is planning to sell the units. Discussion on the Webb Development to the south of this property which is buffered by a canal. Winston handed out a drawing for at least 19 units per acre. This plan was a conceptual drawing to indicate how the development could look if developed to that density. Winston reviewed possible buffering solutions against U.S. Hwy 20. Robert Schwartz opened the Public Hearing for testimony. Those in favor of the proposal. Dean Peterson - 330 Pioneer Road -commented on the owners desire to develop the property as MDR2. Winston had covered the issues for the owners. The Commissioners reviewed the location of the property with Dean. Those neutral to the proposal -None Those opposed to the proposal -None The Public Hearing was closed. • Steve McGary asked that the Findings of Fact for the previous Hearings be entered into the minutes. He reviewed the Findings of Fact document with the Commissioners on this proposal. FINDINGS OF FACT FOR ZONE CHANGE On May 7, 2003, Dean Peterson presented to the Rexburg City Clerk a Request and Application for a zone change on property located at about 330 Pioneer Road in the City of Rexburg, said property to be changed from Medium Density Residential (MDR) to High Density Residential (HDR). 2. On May 13, 2003, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on May 14, 2003, and June 2, 2003. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. On 3une ~, 2003, Dean Peterson appeared 'before the Planning & Zoning Commission for the City of Rexburg requesting a zone change from Medium Density Residential (MDR) to High Density Residential (HDR) on property located at about 330 Pioneer Road. There was some discussion and a real concern with the inconsistency of approving higher density in this area after the Commission has recently deriied HDR and MDR2 requests just south of this property. There was some discussion concerning this request. If this request is approved, the Plamling Commission would need to consider reopening prior requests to up zone. A motion was made to deny the request to re-zone this parcel due to the inconsistency that would be created after prior requests were denied. The re-zone request is not consistent with the Comprehensive Plan. Dean considered MDR2 as an option to HDR if the Commission would allow it. The Commission denied the request. On July 30, 2003, Dean Peterson appeared before the City Council to appeal the request for a zone change from Medium Density Residential (MDR) to High Density Residential (HDR) or Medium Density Residential 2 (MDR2) on property located at about 330 Pioneer Road. The Council reviewed the request of the Planning and Zoning Commission's decision to deny this request. A motion was made to deny the appeal and support the Planning Commission's decision. Stephen Zollinger, City Attorney Randall Porter asked why the MDR2 was denied with the Planning Commission. The original request was for an HDR Zone. Jerry Hastings indicated that the City Council denied the appeal to allow the MDR2 Zone because the applicant had not formally asked for that zone with the Planning Commission. Continued discussion on the reason that the original request was denied for HDR. Other requestors had been denied for similar requests in this area. Steve McGary indicated that the Commission had down zoned a request in the past for approval if the higher zone was not acceptable. 4 • • David Stein continued to review the reasons for protecting LDR1 properties across the street. Jerry Hastings indicated that architectural features in a larger building would be desirable. He mentioned that there is an opportunity to have a larger building in MDR2 than in MDR. David Stein reviewed the requirements for architectural designs for multi-family buildings that could be done. Joseph Laird commented that MDR2 does not fit in this area where there is down zoning from MDR to LDRl . Kurt Hibbert reviewed the existing land use for the parcels on the overhead screen. Kurt reviewed the parcels and how the zoning transitions from RRl to MDR on the north and RRl to MDR on the south. David Stein asked how the MDR was placed next to an HDR Zone on the south end of Pioneer road. Discussion on the proposed zone and other zones in the area. The original zoning for the property in this area was done when the property was developed and subdivided. The Planning Commission approved the separate zones for the Westates Subdivision. Kurt Hibbert indicated that MDR2 would be a good zone to place against the U.S. Hwy 20. Joseph Laird moved to deny the request to rezone the property to MDR2 considering the inconsistency that would be created after prior requests to rezone properties in this area was denied for HDR and MDR2; David Stein seconded the motion; Discussion: Those voting Ave Robert Schwartz Steve McGary Jordan Dyer David Stein Joseph Laird Randall Porter The motion to deny was approved. Those voting Nay Jerry Hastings Steve McGary commended Miss Dyer for her services as a youth representative on the Commission. She has done a great Job. Jordan Dyer left the meeting. 5 New Business: Final Plat - Stonebridge Subdivision Phase II -East 7th North -The Dyer Group Jerry Hastings declared a conflict and stepped away from the table. Winston Dyer - 667 Summerwood Drive -representing the developer reviewed the master plan for this development. The final plat was presented to the Commissioners for review in paper form. The applicant has met with the Madison Greenways Committee. There is a common area in the Southwest corner of the development for Greenway development which includes the river. The plat is platted to the center of the river. Winston indicated that you have to be in the river to have public assess to the river. Winston discussed the issue of access to the river. He mentioned that once you are in the river, there is public access up and down the river. The ordinary high water mark on the river is the gravel banks on the sides of the river. Public access would not be allowed to get out of the river beyond the gravel banks or the high water mark. Public access to the river would have to be at some other point where public access has been designated. Winston indicated that the main issue for the Commission to consider is the issues that have been under review by the Madison Greenways Committee and the developer. Jerry Hastings - 611 Summerwood Drive -reviewed the comments that were given to the City concerning the development along the river. The developer would like an agreement in writing explaining the maintenance plan for a Greenways area. Impact Fees would be exchanged for the value lost with the Greenways area. Jerry was concerned with having a neglected area if the Greenway area is not maintained. He did not indicate that his concerns of maintenance and design were covered in the letter from the Greenways Committee. During high water years, the proposed.Greenway would be underway if the current plan is adopted. Design of the Greenway and a maintenance agreement was requested by the developer. The City and the County would be involved with the maintenance of the Greenway. The "signature lots" against the river would have the homes built on high ground with the back yards going back into the center of the river. The owners of the property are not willing to wait for the Greenways Committee to develop the Greenways path before the developer begins to sell and develop the lots along the Teton River. The owners prefer to have the Greenway access the Development on the Southwest corner of the Subdivision and cross the Subdivision on the nearest street to the north which would be the front of the "signature lots" that front the river. The path could return to the river on the east side of the Subdivision. Jerry Hastings reviewed a 10 foot easement from the river to the development on the proposed Plat. Discussion on having a Greenways path on the south side of the river instead of the north side of the river by this development. Discussion on the cost of a Greenway path and the possible design of the path. Discussion on the method of maintenance for the path. • 6 Shawn Larsen commented that this is an issue for the Comprehensive Planning. He recommended having an agreement that is negotiated between the developer and the City/Count~~ Governments for a Greenways development. Kurt Hibbert mentioned that the Greenways committee would need to develop a Greenways standard. Robert Schwartz asked Kurt if the County is willing to fund and maintain a Greenways path. Kurt indicated that both the City and the County support the development of a Greenway path. Winston Dyer proposed a Development Agreement amendment that will allow the developer to move forward allowing the City a given time period to perform or loose the opportunity for a Greenway through the Development. (It would be the development of the Commitments that would be placed in the Development Agreement). Jerry Hastings would like this Development Agreement solidified by next spring. The agreement would indicate the conditions and requirements for the Greenway path that shows compensation and maintenance commitments. David Stein moved to recommend to City Council the approval of the Final Plat for the Stonebridge Subdivision Phase II subject to the following: t ~ 1) Amended Development Agreement with the City 2) The agreement will be completed within five (5) months 3) The agreement will include a plan for the development and maintenance of the Greenways path 4) The agreement will provide for compensation to the developer for an easement for the Greenways path along the South side of the development. 5) The agreement will give assurances to the developer that the Greenways path will be planned and maintained by City/County resources. 6) The agreement will specify the location and design of the Greenways path along the South side of the Plat according to the negotiated agreement. 7) City Staff approval; Joseph Laird seconded the motion; Discussion: The five month time frame to perform or finalize the Development Agreement was reviewed. Declaration of Intent of the City to act on the agreement was discussed. The back of the 6 lots under consideration could be finalized by deed or easement depending upon the agreement with the City/County. The location of the Greenways path and the right of ways associated with the lots could be finalized in the agreement. The backbone utilities and groundwork for the development could proceed if the sale of the six (6) lots is delayed until the finalization of the agreement or the completion of the five (5) month time frame. Question: All voted aye, none opposed. The motion carried. i Jerry Hastings and Winston Dyer rejoined the Commissioners at the table. Discussion on the street lighting that is allowed in the City with the local power company. There are only two lighting options available under the current tariffs. Unfinished/Old Business: Comprehensive Plan Draft update -Kurt Hibbert Kurt reviewed the working copy of the proposed Comprehensive Plan map with the Commissioners. The Commissioners would like a copy of the County's Zoning and Comprehensive Plan maps. Winston Dyer indicated a desire to require a correctly engineered "Roundabout Intersection" for the Community to avoid the traffic problems caused by a poorly designed "Roundabout Facility". Report on Proiects: None Shawn Larsen presented a video and handouts that deal with City growth issues. The articles that Shawn handed out to the Commissioners dealt with concepts that are common in other Communities. Tabled Requests: a) Conditional Use Permit for 270 Storage Units - 270 American Street -Nick Baldwin Adjourned • 8