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HomeMy WebLinkAboutP&Z MINUTES APRIL 1, 2004CITY OF REXBURG PL~-~~1NING AND ZONTNG A~IINUTES Thursday April 01, 2004 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz -Excused Mike Ricks Mary Haley Steve McGary Terry Hastings -Excused David Stein Joseph Laird -Excused Randall Porter -Excused 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 specifrc 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, 2Q04, meeting b~ Minutes from the March 18, 2004, meeting Corrections: I:~areh l ~, 2004 minutes. Winston Dyer asked that Carolyn Philiip's letter be added to the minutes explaining her position on the proposal. David Stein asked to correct his comments concerning Mr. Ford in reference to the distance and interference concerns of the Commission with an adjacent Cellular Tower. Mire Ricks moved to approve the minutes for February 19, and March 18, 2004; Steve McGary seconded the motion; all vote aye, none opposed. The motion carried. Non controversial items: None Report on Hospital Board Meeting: R'inston Dyer, Kurt Hibbert and Mayor Larsen met with the Hospital Board to , discuss possible expansion of the Hospital. The discussion was directed towards the need for a Medical Zone for medical facilities. The Zone could include Doctors' Offices, Surgical Centers, Hospitals, etc. The Hospital Board is in the process of formulating a request to the City for a Medical Zone. The only process for Medical facilities at the present time is to be located in a Professional Overlay Zone with a Conditional Use Permit. The City is up and running on a new building permit system which allows documents to be tracked and tied to a parcel. Winston mentioned that the supporting detail for the Planning packets was appreciated. It helps the Commissioners focus on the issues at hand. He asked the Commissioners to use the material to help focus on the issues to expedite the decision making process. Unfinished Business: A. Preliminary Plat for The Meadows Condominiums "Phase 1" and "Phase 2" Asset Amalgamation, Joseph Harding -Design Intelligence, Scatt Spaulding Scott Spaulding answered Winston's request pertaining to the completeness of the issues which caused this request to be delayed at the last meeting. Scott indicated that they were all addressed in this revised Plat. He reviewed the revised Preliminary Plat with the Commissioners. The Commissioners reviewed the changes and noted the proposed 2"d access to the development after property is acquired for the second access. They are required to have 352 parking spaces. The Plat shows 374 parking spaces. A second entrance will be provided onto 7~ South. They have added internal connector roads that will connect the north/south roadways to comply with the minimum 600 foot dead-end street requirement. There are common areas throughout the property. There are playgrounds and basketball courts, fire pits (barbeque areas} located throughout the central portion of the development. In Phase III they will provide a Club House and a permanent maintenance building. Scott indicated that the landscape plan is being developed for the Commission to review. There are eight buildings that are completed or they are under construction The fire hydrant locations and the location for the snow storage were reviewed by the Commissioners. Mike Ricks was concerned with the access to the fire hydrants by the Fire Department. There are four manholes and four fire hydrants down the center of the development. Scott indicated that the Fire Department had approved the locations of the fire hydrants. Scott Spaulding reviewed the parking and snow locations and trash receptacles on the Plat for the Commissioners. They are going to provide a fence (combination of stone posts with vinyl railing in-between the posts} around the perimeter of the development and along the edge of the State right-of--way. The building design is only conceptual. There are some final revisions on the buildings to comply with the Residential Design Standards. The Homeowners Association Documents for protective covenants are in the file. The open space areas are between the buildings. The roads are private roads maintained by the Homeowners Association. Mary Haley asked Scatt to explain how the open space is calculated. It is the remaining space excluding buildings and park amenities. 2 Winston Dyer asked if any buildings had been sold. Scott indicated that none of the buildings have been sold. There is a sign south of town that advertises the development; however, it does not provide any sales information. Kurt Hibbert referred to Section 5.2 of the Zoning Ordinance. He discussed the need to have a maintenance building on the development for the maintenance of the common area. Scott indicated that the bylaws for the development prohibit any extra cars, or boats, RVs, and other storage items, etc. that would require the need for a storage building on the property. There are an additional 20 parking stalls above the requirement for the development. The bylaws would have to be changed to allow a storage facility. Mary Haley reviewed the location of the garage receptacles in the development. They will be a screened area just of to the side of the road. There will be a dumpster against the fence. Scott indicated that the parking spaces are 18' by 9'. If they needed more parking stalls; they could reduce 40% of the parking stalls down to the compact car size. Discussion on providing an additional access road to the development before Phase III is developed. Scott indicated that they put loop connecting roads into the development to comply with the maximum length of a loop road being 1,200 feet. The developer is purchasing property on the south end of the development to provide a 2nd access to the development. John Millar indicated that there is a maximum of 600 feet on a dead end street even if the street is a private street. Winston Dyer reviewed the possibility of the roads for the development connecting into anot her develop~r~ent to tl-ie north if and w~ien that area develops. `vJinston noted that when a development applies for a certain type of development, and commitments are made and the development is approved; then changes are made midstream to another type of development (i.e. from single ownership four plexes to single unit condominiums); it puts a very real burden on the Planning and Zoning Commission and the City Council. If the Commission was apprised of the real intent of the developer up front; there would have been things said and approvals done differently. Winston mentioned this fact for the record. Mike Ricks moved to accept Phase I and Phase II of the Preliminary Plat for The Meadows Condominiums with the Condition of a 2nd exit shown on the Final Plat; a final review and approval from the Fire Department on the fire hydrants; fence the garbage receptacles; Steve McGary seconded the motion; Question: all voted aye, none opposed. The motion carried. Tabled requests: A. Variance fora 10 foot back yard setback pending a lot split at 252 South 5th West -Andrew Clark r~ ~J 3 Winston Dyer established the findings for bringing the request off the table. Winston and Staff members have reviewed the location and found cause to bring the request back off the table for discussion. This item was named the "split lot" for tracking. Mike Ricks moved to bring this request off the table; Steve McGary seconded the motion; all voted aye, none opposed. The motion carried. Winston Dyer indicated that this is a continuance of a Public Hearing and testimony received in the meeting and prior deliberations in a previous meeting are in effect for the record. Andrew Clark- 252 South 5~` Vest -reviewed SCiiixe history of re%eiit diSCuSSionS with some of the neighbors. The Nedrows have become aware of the intent of the request and some misconceptions have been cleared up pertaining to the Zoning of the property. This parcel is in an LDRl Zone which does allow a duplex with a Conditional Use Permit. They are no longer opposed to the request. Kurt Hibbert commented on the Nedrow's information. They notified that City that they are not opposed to the request. Steve McGary reviewed the size of the lot. It is 21,0177 square feet in area. Winston asked for additional testimony: Those in favor of the request: Andrew Clark mentioned that he would be willing to request a 5 foot variance instead of a 10 foot variance in the back yard. He changed the size of his house to accommodate a smaller setback. Those neutral to the request: None Those against the request: None Winston closed the public input on the request. Kurt Hibbert indicated that the request meets the intent of the Ordinance for a variance. The street scope will be enhanced with this development. Winston asked Kurt to explain why this request is in compliance with the requirements of a variance. The conditions that caused the need for a variance was created when a road was built that impacted the size of this lot. Kurt referred to a lot straight across the street that will have the same issues. If the lot was developed in a manner that was approvable by the Ordinance, it would be blight on the neighborhood. What the applicant is requesting is less obtrusive to the neighborhood than what the Ordinance would have allowed by coming off 5~ West with a 6 foot side yard set back on the new road. w Kurt Hibbert reviewed Section 6:12 concerning the approval of variances. 6.12 Variances. The Planning and Zoning Commission may authorize variances or modifications from the provisions of this Ordinance as to lot size, lot coverage, width, depth front yard, side yard, rear yard, setbacks, parking spaces, height of buildings, or other regulations of this Ordinance affecting the size and shape of a structure or placement of a structure upon the lot, pursuant to Idaho Code Section 67-6516. A. Required Findings. To approve a variance, the Commission must find, in writing, that the application for a variance fulfills all of the following conditions: (1) The need for a variance results from physical limitations of the lot upon which the variance is requested which are not generally applicable to other properties in the same zone; (2) Failure to approve a variance will result in undue hardship; {3) The alleged hardship has not been created by the action of the applicant or the property owner; and (4) Approval of the variance is not in conflict with public interest. B. Public Hearing. Prior to granting a variance, at least one public hearing shall be held to give interested persons an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the request shall be published in the official newspaper or paper of general circulation within the jurisdiction of the City. Written notice shall also be given to property owners adjoining the parcel under consideration. C. Supplementary Conditions and Safeguards. In granting any appeal or variance, the Commission may prescribe appropriate conditions and safeguards. The Commission may not grant a variance to permit a use not authorized under the terms of this Ordinance. D. Action by the Commission. Within sixty (60) days after the public hearing, the Commission shall either approve, conditionally approve, or disapprove the application for a variance. Upon granting or denying the permit, the Commission shall specify: (1) The provisions of this Ordinance and Standards used in evaluating the application. (2) The reasons for approval or denial. . (3}The actions, if any, the applicant should take to obtain a variance. 5 E. Appeals. The applicant or any affected person may appeal the decision of the Commission to the Council by submitting a written appeal to the City Clerk within fifteen (15) days of the decision of the Commission. F. Application for a Variance. In addition to the information. required under Section 6.9 above, the Commission may also require a narrative statement documenting that the request for a variance conforms to the standards of Section 6.12.A. above. David Stein moved to approve a variance fora 15 foot back yard set back for a split lot at 252 South Sd' West; noting that it does meet the variance requirements in the Ordinance section E:12 A 1-4; noting that the applicant met the requirements for the variance in writing per the Ordinance; Mike Ricks seconded the motion; all voted aye, none opposed. The motion carried. Winston Dyer excused himself from the meeting for about an hour; and turned the Chair over to Steve McGary. B. Work on the Commercial Design Standards (draft) Ordinance 9Q7 (Remained Tabled) City Council actions: Kurt Hibbert explained that the City Council is planning on a meeting with the Commission on the Hwy 20 Corridor. A meeting has been scheduled April 15, 2004, at 6:00 p.m. The annexation hearing is scheduled for May 06, 2004, before the Planning ar~d Zoning Corr~mission. Discussion on the meeting with the County and Sugar City concerning the bike path. Kurt explained that there has been a lot of input and discussion on the location of the bike path between Rexburg, Teton City, and Sugar City. Kurt will provide a bike path map to the Commission. Mary Haley discussed a sign at the new theaters on 2nd East. The weather held up the project. Kurt Hibbert reviewed a compliance issue with one residence that seems to be in violation of the Ordinance. There are three families living in two households. Kurt will seek an opinion from the City Council and Legal Council on this issue. The location is on 2nd South and 5~' West. Kurt Hibbert has put illegal parking stickers on 12 cars on 2nd East. Within 48 hours, 11 cars were removed and a new one appeared. • Discussion on locations in the City that are not compliant with the Ordinance. The Pawn Shop was discussed as a problem area. The cars parked at that parking lot inhibit the vision of drivers entering the South Yellowstone Hwy at 5~' West from the south. Discussion on a nursery school on 3rd East. David Stein asked if the nursery school needed a Conditional Use Permit. Kurt will check on the nursery. Report on Proiects: Kurt Hibbert reviewed a new permitting system that the City is using to issue permits for new construction, Conditional Use Permits, Plats, and other traceable items for land use issues. Mary Haley discussed the need to finish roads in new subdivisions. She mentioned the unpaved roads in the Willowbrook Subdivision. Comprehensive Plan Draft: Kurt Hibbert reviewed the Draft Comprehensive Plan with the Commissioners. The Hospital Board, University, Fire Department, Police and other interested parties are providing updates for their sections in the Draft Comprehensive Plan. Kurt handed out an updated draft of the Comprehensive Plan. As new information is compiled, new • versions of the plan will be provided to the Commission. Tom Hudson (City Advisor) is working with the City Council on ideas for the Downtown Area. There are several projects that maybe initiated after Tom's recommendations are reviewed by the City. The Corru-nission continued discussions on the City and some changes to the Comprehensive Plan that would improve the City in the future. Kurt asked the Commissioners to provide old pictures for inclusion into the Draft Comprehensive Plan. Kurt Hibbert reminded the Commissioners of the upcoming neighborhood meetings that will be held the 22nd and 29~ of April. These meetings will be in preparation for Public Hearings on the Comprehensive Plan. The meetings will be held in four Schools. The Town Meetings will be announced at the next meeting. Adjourned 7