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HomeMy WebLinkAboutP&Z MINUTES MARCH 04, 2004CITY OF REXBURG . PLANNING AND ZONING MINUTES Thursday March 04, 2004 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz Mike Ricks -Excused Mary Haley -Excused Steve McGary Jerry Hastings David Stein Joseph Laird Randall Porter- Excused 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 February 19`h, 2004, meeting The approval of the minutes was deferred because most of the Committee has not read them. Zoning Compliance: Kurt Hibbert did not have any new items to discuss. Council Update: Rex Erickson provided an update on planning and zoning actions taken by the City Council the previous night. Final Plat for Teton Professional Park Terry Bagley Terry Bagley reviewed the final plat for Teton Professional Park. He indicated that City Council approved the preliminary plat the previous night. The Commission discussed the public access to the development and if there will be a private easement for the road or will it be a dedicated City Street. John Millar talked about a defined easement for the road. s • David Stein talked about requiring a master plan for the development before it could be completed. Joe Laird recommended approval of the final plat for Teton Professional Park with the stipulation that future plans (phases) would require a second access per the Subdivision Ordinance. Also, the development-would require an Owner's Association to take care of the common area. David Stein seconded the motion. Question: ail voted aye, none opposed. The motion carried. Preliminary Plat for Teton River Village- 485 N. 2nd E. Ellsworth-Paulsen Construction Matt Hansen from Ellsworth-Paulsen, American Fork, UT. - He reviewed what is being proposed. He showed the four different lots. Discussion of taking responsibility for the parking lots in lots 1, 3, and 4. Discussion on the location of utility lines and easements. David Stein asked why the bottom part of the sign has not been done as requested. Matt will look into the issue. Jerry Hastings asked if the site plan that was approved included the proposed future lot. Jahn Millar indicated that it has been reviewed. Winston Dyer asked if the back lot could possibly be subdivided to have additional lots. American Family Entertainment will be purchasing this building back from the developer and his understanding is that they will probably have more movie screens on this property. There has been a land swap with the City to allow the green ways trail to pass by the property • next to the river. Discussion on the access (through traffic) between the two buildings that front on 2nd East. What are the widths and what width was approved in an earlier meeting? The developer will dedicate easements on the final plat. Discussion on the roadway going back to the 4d' lot on the plat. Kurt Hibbert mentioned that since the building is still in the process of being built in the back and because there are barricades there it gives the impression that you can not park back there but eventually there will be parking in the back of those buildings. Stephen McGary made a motion to approve the preliminary plat for Teton River Village with the recommendation that the access easement (roadway} in lot 1 be redefined or consistent with the original plan to have a 26 foot easement that would step around lot 3, Jerry Hastings seconded the motion. Discussion concerning an easement against the back wall of the building in the middle. All voted aye, none opposed. The motion carried. Discuss changing the Zoning Ordinance 725 in the LDR1 Zone to allow fora "Bed and Breakfast" type use. The request is for property at 208 East 3rd South. Tamera Hinck Wood, Smithfield UT. -She purchased the home in February, 2004, at 208 East 3rd South. This lot is currently zoned as LDR1. The neighbors would not like to see it to a higher density. The 3rd East home owners association is in that area but does not encompass this lot. She has done some research into bed and breakfast places, and there are a lot of different understandings concerning this type of business. One option that she proposed was to change all of the LDRl zones in the City to allow a bed and 2 breakfast with a Conditional Use Permit. The second option was to make that lot into an . MDR Zone, which allows a bed and breakfast business with a Conditional Use Permit. She discussed some positive outcomes with changing the lot to an MDR Zone. Tamera discussed some of the people who would likely be staying at the facility. Because of her background she would like to be a part of the Homeowners Associations. There is already enough parking on the property for up to 9 vehicles. David Stein asked if she would be living there because in the definition in MDR indicates that the owner has to live at the facility. Stephen McGary thanked Tamera for doing her research on the request. David Peck, 323 S. 3rd E., -Who is the Vice President of 3rd East Neighborhood Association met with Tamera Hinck Wood on this proposal last November. They saw the bed and breakfast facility as being a positive proposal for that area instead of having more apartments at that location. David Pulsipher, 334 S. 3rd East -representing the Neighborhood Association was in support of this proposal as it has historical presence. The idea was good to keep a family look to the property with all the different type of possible developments going on in the City. David Stein asked if the Home Owners Association has looked at the proposal from the MDR Zone option. Winston Dyer appreciates the time that Mrs. Wood has done in researching the Ordinance for this request and for giving the Planning Commission some different suggestions to review. Discussion on the Neighborhood Association's positive impact for land use planning in the City. Kurt Hibbert suggested trial if residents want to start up their own Neighborhood Association they could come and talk with Peggy Hymas who is working for the Mayor on Community issues. Discussion concerning the neighborhoods feelings on this proposal. Tamera commented that this could be a better proposal than having a large family live in this home with teenagers with cars coming and going. Winston Dyer reviewed the current zoning ordinance on page 4 (bed and breakfast), page 7 (definition of a hotel), and page 4 (boarding house definition). Robert Schwartz talked about the advantage of the bed and breakfast as being a home feeling atmosphere and it does help an outsider to come into that community instead of going to a local hotel. He is not sure that the LDRI is the zone for this place. Jerry Hastings commented that they want this to be owner occupied if it does turn into a bed and breakfast. David Stein was concerned that the length of time for a bed and breakfast stay was not defined. The Planning Commission looked at the zoning around this properly. Joe Laird brought up the issue that in an LDRI Zone under a Conditional Use Permit; a nursing center and a ~. 3 • child care center is allowed. They are not much different than a bed and breakfast facility. Discussion: Would it be spot zoning if the zone was changed to MDR? Jerry Hastings agrees with Robert Schwartz that this is not the time right now to allow this development. Stephen McGary commented that they don't have enough information to allow this proposal right now. Winston Dyer commented that there are not enough people on the commission that is in favor of this proposal right now. He recommended that she can go before the City Council and make her proposal. Winston told Mrs. Wood that if she was willing to go forward with this proposal, she should bring forth some examples that would help to get people educated on the subject. Discuss the visual treatment of the City of Rexburg from the Highway 20 Corridor Joseph Laird led the discussion showing the topic for discussion on the overhead projector. He talked about finding something to enhance the beauty of the City from the Hwy 20 Corridor. Stephen Zollinger suggested forwarding a recommendation to the City Council requesting a site plan review for lots adjacent to Hwy 20. Jerry Hastings commented that if businesses along the highway would have trees around there place it would look more inviting. • Stephen Zollinger recommended creating a zone review along the highway. Anything that would Like to be built along the highway would have to comply with a Design Review Corridor. Discussion on haw to bring this to the City Council. It is a concern of the Planning and Zoning CosiiiTiission. Discussion on 1-iow to make the developments make there place look nicer that come in along the highway. Kurt Hibbert will make a Design Review Corridor and Winston Dyer will write a letter indicating that the Planning Commission has some concerns about the presentation presented of the City along Hwy 20. This letter will go along with the document that Kurt Hibbert is going to put together. Adjourned at 10:10 p.m. • 4 ~a~~ ~i~rc~ ~~ $~. l~'~t ~tl~ 556 South 200 East 208 East 300 South Smithfield, UT 84335 Rexburg, ID 83440 Zoning and Planning Commission City of Rexburg 25 February 2004 Dear Commission Member: We have requested an audience at your upcoming Zoning and Planning meeting. At that time I (Tames Hinck Wood) will propose to you our request for a clarification and variance to your ordinance concerning the use of property in the LRD 1 District in which the residence located at 208 East, 300 South, City of Rexburg, Idaho, is located. The clarification we request is to determine where, in the existing ordinance 725, you would place the right to operate a limited "Bed and Breakfast" establishment with Conditional Use qualifications. Upon review of your ordinances and Zoning Use Tables, no reference or provision for the above is contained for any such use, as the full 725 ordinance is presently constituted. The variance we propose is the addition of a "C" (Conditional Use) provision for "Bed and Breakfast" under LDRI. Please refer to attached copies of your ordinance, as noted by your Planning and Zoning Administrator. This home was purchased, by the Tamera M. Hinck Family Trust, to be used as a primary residence for myself, and my husband, Dr. Grant Ree Wood, (a retired University Professor and consultant in Engineering Technology), with other family members with the rights inherent in the Single-Family Dwelling. It is an investment for the benefit of the trust. Note has been taken that the Homeowners Association which oversees the impacted area has requested, and received a change in the ordinance governing this property, within the last year. It is understood that the change was made to the LDRI rating in order to protect the neighbourhood from use of the property in any way other than as asingle-family dwelling. We have been advised by your Zoning and Planning Administrator, and your City Clerk, of the above. I have met, late last year, with the officers of the Home Owners Association, i.e. David Pulsifer, David Peck, and the association secretary. Minutes of that meeting were taken at that time. I presented my case, as I will for you. I was • informed that consultation with other association members would be undertaken. I was, after a few days time, informed that this had been accomplished. It was then conveyed that I would have the associations blessings in my proposed use as presented to them. They further stated that per my request, they would be available to review this Letter of Request . The association stated that they will provide a representative to be in attendance at the P&Z hearing to lend their support. After consideration of the support of the Association, we ask your consideration of this matter. I am told that this letter and procedure is mandated, so that the trustees can, at a future time, request a "Conditional Use Permit" to offer overnight lodging facilities, similar to a Bed and Breakfast Inn, to certain members of the public. "The Public" is defined by our intended use as, those who would be visiting Rexburg to, 1) visit the Campus of BYU Idaho, (located across the street), 2) attend or work in the proposed LDS Temple, to be located about two blocks south of the property, 3) accommodate organized family reunions, and 4) to accommodate certain individuals who are in Rexburg to conduct business, visit family members, or vacation in the area. Assurances have been given to the HO Association that restrictions on use will maintain the character and atmosphere of a single family dwelling, with consideration of traffic flow, parking, use of yard space, noise control, and other factors which may arise through time. They have requested that future use of the properly be allowed to continue in like use in the event t the trustees decide to sell the property at a future date. We would be members of that association, and have encouraged participation of that entity in the monitoring of the properly to insure acceptable use. We suggest that the safeguards placed in the above proposal will fulfill the intent of the City of Rexburg Planning and Zoning Commission, and the Home Owners Association, and can provide a great asset to the community while respecting the particular ambiance and tradition of a treasured Porter family tradition. It will potentially establish a more effective method of controlling Use than will the present ordinance could control in certain instances,(to be detailed in our presentation). We, therefore, ask for your kind review of an idea that has been. enthusiastically discussed with many community members, professionals, and neighbors. I look forward to meeting you all on Thursday, March 4. With Sincere Thanks, ~~ Tames ck Wood • Tames M. Hinck Family Trust ~ 3.29 TABLE 1. ZOl`iINGI3ISTRICTB `• DISTRICT USES STA!'r~ARI~S FOR USES BY RIGHT Minimum ivlinimum Minimum 2vlinimum Ma'gmum Maximum + ivIinimum Lot Front Rear .Side Lot $uilding ' By Rieht Conditional Lot Azea Width Yazd Yazd Yard Coveraee HeiEht Y- - y LDR Single Family Schools 12,000 80 ft. 25 ft. 25$. 6" for 70% 30 $ dwelling every Churches ~ ~ foot of Accessory building buildings Park, height: " Playgrounds 7.5; minimllm ,y Homes far mentally andlor Serai-public - physically uses handicapped as __ " inldaho Code Home 67-b531 occupations Limited Publicly owned home occupations institutions such as Iibraries Gardening for and museum personal use Cemeteries ~ Customary household pets Utility buildings ' and structures Agriculture '. Separate Parking Lots LDRl As in LDR As in LDR ~g 000 0 ft. 25 ft. 20 R 6" for 70% 30 ft. plus J Sq ft ~D, Hospitals JJ pfus foot of Manufactured '~. 2,000 building housing units Nursing Homes for height 24 feet or wider g ~ c/h/~ b' minimum on permanent Child care additional " foundation centers and dwelling See note 8 below _ nurseries Two-family dwellings Separate Parking Lots LDRZ As in LDRl As in LDRI 6,000 60 ft: 25 ft. 20 ft. 6" for 70% 30 $. sq. $ every foot of building height 6' minimum s ~ TABLI= 2. LAND USE SCHI=RULE LAI~iD USE SCHEDULE 1r P =Permitted Use ' C =Conditional Use f ~ N DISTRICT RESIDENTIAL LDR LDR't LDRZ MDR HDR PO NDR2 CSD HSD ( AO OS RR AG1 AG2 U Sin ie family dwelling P P P C G C P P P Home far mentally/physically handicapped P P p p p C p p p Two family dwelling C P P P C C C C Three famil dwelling p p p C Four family dwel(in p p P C p Five & Six famil dweilin or development C p P p Twen#y-four units per building or development C p Dormitory, fraternity, sorori C p p Boarding house C p p Bed & Breakfas# p Home occupation P/C P/C P/C PJC C P P Manufactured home 24' or more in width new} P P C P P P C Mobile home/ manufactured home less than 24' Approved mobile home court or subdivision ~~ t~~~^' 2H A Duero C C Mobile home park See mobile home ark ordinance C C US ~ vl ~ c7e ; ~~ , yyf i? yl [ Mobile home subdivision See above ordinance) C C Nursing home C P P 'Ii ions dormitories P p p p .,~otel, hotels p p MANUFACTURING LDR LDR'1 MD.R LDR2 HDR HDR2 PO C8D HBD 1 AO OS RR AG1 AG2 U Food and kindred roducts (SIUC 21) Meat products (211) C Dai roducts 212 C Canning and presenrin 213} p Crain mill products (214 _ p . Bake roducts (215 p Su ar 216} C Confectione , cand 21 p Bevera e 218) p Other food products C Textile milt products (StUC 22) p A arel and other clothin products SIUC 23} p Lumber and other wood products SILUC 24) C Sawmills and planing mills (242) ~ C C Millwork (2431) p Veneer and plywood (2432 ~ p Prefabrication wooden buildin s {2433 p ~4(ooden containers (2440) p Other - C ure rid fixtures (SIUC 25) p p PaNer and allied roducts (SIUC 26} C Printing, publishing, including newspapers SIUC 27 p p p p ~- 25