City Council

NOTICE OF PUBLIC MEETING OF CITY COUNCIL SPECIAL MEETING Thursday, May 31, 2018 7:30 a.m. CITY COUNCIL CHAMBERS 680 Park Avenue Idaho Falls, ID 83402 Thank you for your interest in City Government. If you wish to express your thoughts on a matter listed below, please contact Councilmembers by email or personally before the meeting. Public testimony on agenda items will not be taken unless a hearing is indicated. Be aware that an amendment to this agenda may be made upon passage of a motion that states the reason for the amendment and the good faith reason that the agenda item was not included in the original agenda posting. Regularly-scheduled City Council Meetings are live streamed at www.idahofallsidaho.gov, then archived on the city website. If you need communication aids or services or other physical accommodations to participate or access this meeting, please contact City Clerk Kathy Hampton at 612-8414 or the ADA Coordinator Lisa Farris at 612-8323 as soon as possible and they will accommodate your needs. 1. Call to Order. 2. Community Development Services. To Assign a Comprehensive Plan Designation of Planned Transition, Initial Zoning of LC, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, Approximately 0.864 acres, Wallace Dairy: For consideration is the application to Assign a Comprehensive Plan Designation of Planned Transition, Initial Zoning of LC, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, Approximately 0.864 acres NW ¼, Section 32, T 2N, R 38E, for the Wallace Dairy property. The Planning and Zoning Commission considered this request at its April 3, 2018 meeting and recommended approval with initial zoning of LC with the addition of a PT Overlay. Staff concurs with the LC zoning but does not concur with the addition of the PT Overlay. Recent amendments to the Zoning Ordinance have modified the development standards in the LC zone such that staff believes it is suitable for development adjacent to residential uses and the PT Overlay is unnecessary. Staff recommends approval of the Comprehensive Plan Designation of Planned Transition and Initial Zoning of LC. RECOMMENDED ACTIONS: a. To assign a Comprehensive Plan Designation of Planned Transition, and to approve the ordinance establishing the initial zoning for 0.864 acres NW ¼, Section 32, T 2N, R 38E as LC Zone under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary (or consider the Ordinance on the first reading and that it be read by title, or reject the Ordinance), that the City limits documents be amended to include the area annexed herewith, and that the City Planner be instructed to reflect said amendment to the Comprehensive Plan and initial zoning on the Comprehensive Plan and Zoning Maps located in the Planning Office. b. To approve the Reasoned Statement of Relevant Criteria and Standards for the Initial Zoning of LC, Limited Commercial, for 0.864 acres NW ¼, Section 32, T 2N, R 38E, and give authorization for the Mayor to execute the necessary documents. 3. Announcements and Adjournment.  Honorable Mayor and Council Brad Cramer, Community Development Services Director May 24, 2018 Comprehensive Plan Designation of Planned Transition, Initial Zoning of LC, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, Wallace Dairy Attached are revised documents to Assign a Comprehensive Plan Amendment of Planned Transition, Initial Zoning of LC, Zoning Ordinance, and Reasoned Statement of Relevant Criteria and Standards, for 0.864 acres, NW ¼, Section 32, T 2N, R 38E, for the Wallace Dairy property. This item was considered at the regular Council meeting held on May 24, 2018 but due to an error on the agenda, it needs to be reconsidered. The reason for a special meeting instead of waiting for the next regular Council meeting is because there was information about the application that was not conveyed to myself and, therefore, to the Council. Also, there is a timeliness issue for the applicant that couldn’t wait for the next regular meeting. Staff is also recommending a change in the initial zoning from what the Planning and Zoning Commission recommended and from what the Council approved on May 24th. The Commission recommended initial zoning of LC with the addition of a PT Overlay. The applicant does not want the PT Overlay and staff does not concur with the PT Overlay. The PT overlay, as is shown the accompanying tables, limits the allowed land uses and imposes a limited hours of operation requirement. The Planning and Zoning Commission added the PT Overlay because of the proximity to existing residential uses, which was one of the original purposes of the overlay. However, with the recent changes to the Zoning Ordinance, staff believes the development standards in the LC zone without the PT Overlay are sufficient to allow commercial development adjacent to residential without the additional standards of the overlay. In fact, the LC was designed to be a zone that would function well near residential. Staff, therefore, recommends approval of the Comprehensive Plan designation of Planned Transition and an Initial Zoning of LC. Attachments:  IDAHO FALLS PLANNING AND ZONING COMMISSION STAFF REPORT Annexation and Initial Zoning of C-1 Community M&B: Approximately 0.864 Acres NW1/4, Section 32, T 2N, R 38E Development April 3, 2018 Services Applicant: Jeff Freiberg Requested Action: To recommend to the Mayor and City Council annexation and initial zoning of C-1 for M&B: Location: Generally south Approximately 0.864 Acres NW1/4, Section 32, T 2N, R 3E. of E Sunnyside Rd., west of S 15th E, north of E 49th S and east of S Holmes Annexation: This is a Category “A” annexation. The parcel Ave. is contiguous with the City boundary to the north, south, and east. It is also within the City’s Area of Impact. Size: .864 acres Zoning: The property is proposed to be zoned C-1. The Existing Zoning: property currently is being used as a commercial property and Site: County C-2 is zoned C-2 in the County. The proposed zoning of C-1 is North: R-3 consistant with its current use as a restaurant. The C-1 zone South: R-1 will change to the LC zone if the new zoning ordinance is East: County C-2 approved by the City Council. A comparison of the two zones West: County C-2 is provided in attached tables. Also included is the requirements of the PT Overlay, which is an additional option Proposed Zoning: the Commission may consider. C-1 Staff Comments: As staff has reviewed this application it Existing Land Uses: has been important to look the impending change to the Site: Commercial zoning ordinance. In the current zoning ordinance there are North: Residential not as many protections offered to the residential neighbors South: Residential associated with the C-1 zone. The PT Overlay was created to East: Residential help address the impacts of transitioning areas such as this West: Commercial one. It does so with increased development standards and use restrictions. As the new ordinance is adopted next month the Future Land Use Map: C-1 Zone would go away and this property would become an Low-Density Residential (a LC Zone. New development standards in the LC Zone and the change is under consideration new ordinance are designed to protect adjacent residential to Commercial) properties from the impacts of commercial and high density residential uses. These are included in the comparison tables Attachments: below. 1. Comprehensive Plan Elements Staff Recommendation: Staff recommends approval of the 2. Comparisons annexation and recommends an initial zoning of C-1 with a 3. Maps PT Overlay if the new ordinance isn’t adopted or the LC Zone 4. Aerial photos if the new ordinance is adopted. Page 1 of 3 Comprehensive Plan Policies: Residential development should reflect the economic and social diversity of Idaho Falls. New and existing developments should foster inclusiveness and connectivity through mixed housing types and sizes and neighborhood connections through paths, parks, open spaces, and streets. Page 40. Residential lots adjacent to arterial streets shall have reverse frontage and deeper lots than typical lots within the subdivision. Such lots shall have larger rear yard, or side yard setbacks, if applicable. The zoning ordinance should be modified to require greater setbacks from arterial streets on residential properties. The subdivision ordinance should be modified to require a landscape buffer and uniform fencing along arterial streets. This buffer should be maintained by a homeowners’ association. Page 41 Limited neighborhood services shall be provided at the intersection of arterial streets and collector streets. Access to such services shall only be from collectors. Convenience stores, dry cleaners, and other small retail stores designed to serve the immediate neighborhood should be located at an entrance of the neighborhood to be served by such development. Page 41 Arterial corners shall support higher density housing, quasi-public services, or community/neighborhood commercial services. Lots at the corners shall be of sufficient size to assure any access to the arterial, if permitted, shall be in accordance with the guidelines of 2012 Updated Access Management Plan prepared by the Bonneville Metropolitan Planning Organization. Page 41 Neighborhood and community services shall be buffered from the residential neighborhood by fencing and landscaping. The zoning ordinance shall be modified to specify fencing and landscaping requirements to reduce the noise and light from commercial uses that may affect residential neighbors. Page 41 Higher density housing should be located closer to service areas and those streets designed to move traffic, such as arterial streets and collectors, with access only to the collector street. Apartments and townhouses are located adjacent to arterial and collector streets for two reasons. Larger lots necessary for higher density housing offer opportunities for building layout, setbacks, and buffering with berms and fences to minimize the impact of street noise. If apartments and townhouses are located close to arterial streets, traffic from apartments will not move through neighborhoods. However, higher density housing should still be clustered: it should not be used to line arterial streets. Page 42 Require perimeter landscaping for new commercial development. Perimeter landscaping is not required for heavier commercial and industrial zones. Perimeter landscaping in all zones along our major highways will reduce the visual impact of parking areas and create more attractive entrance ways. To be effective, perimeter landscaping twenty to thirty feet in width is needed. The Urban Land Institute notes landscaping at least ten percent of the total site and twenty percent of the parking area is reasonable for commercial development. Page 47 Cluster community commercial centers and highway commercial rather than encourage strip commercial along arterial streets. Strip commercial development reduces the traffic carrying capacity of arterial streets, encourages both commercial and residential property to deteriorate, scatters commercial services, and requires more parking facilities. Page 48 Page 2 of 3 Buffer commercial development, including services, from adjacent residential development. We were told by many people commercial development should be buffered from adjacent residential development. Allowing commercial development, especially neighborhood centers, adjacent to residential development moves us toward our goal of a convenient city -- one in which walking and biking are reasonable alternatives -- but it does require careful attention to buffering. Our present regulations only address buffering parking lots from residential uses, unless a change of land use occurs under the Planned Transition Zone. We need to develop regulations shielding residences from the noise, light, and traffic generated by commercial uses. Such regulations should address buffering under different situations. For example, residential uses across the street from commercial properties will benefit from perimeter landscaping, buildings towards the front of the lot, and parking in the rear. Residential uses in the rear of commercial properties will benefit from parking areas in the front of the lot, buildings to the rear, and landscaping and fencing in the rear of the lot. Page 49 To reduce land use conflicts, existing land uses are recognized as starting points for future land use patterns. Page 59 Encourage development in areas served by public utilities or where extensions of facilities are least costly. Not only is a compact city convenient but the provision of public facilities is less expensive. Growth does not always occur at the fringe of a community. Vacant lands or underutilized parcels may redevelop to more intensive uses which use existing utilities. In the Broadway-Utah Avenue area between I-15 and Snake River Parkway, 42 properties redeveloped in the period from 1989 to 2013, over 1,800 jobs were created, and assessed valuations increased by $141 million. The City should continue programs which use private/public partnerships to redevelop the land inside the City’s boundaries. Page 67 As first discussed in the Sunnyside Corridor Study, which was a policy statement of the Comprehensive Plan from 1987 to 2000, land use and site planning policies adjacent to arterial streets should maintain the function of an arterial street which is to move traffic streams efficiently. A majority of land use adjacent to arterial streets should be predominantly residential properties with reverse frontage and lots deep enough for a substantial yard adjacent to the arterial street. As discussed below, commercial development and employment centers are needed to serve residential areas; however, they should be developed as nodes, not strips, adjacent to arterial streets and on the perimeter of residential neighborhoods. Page 67 Page 3 of 3 2. ANNX 18-002: ANNEXATION/INITIAL ZONING C-1. Wallace Annexation. McLane presented the staff report, a part of the record. Dixon asked if the new Zoning Ordinance has a PT Zone. McLane stated that the new Zoning Ordinance has a PT Overlay. Romankiw asked what the current buffer is between the residential and commercial. McLane stated there is space and a fence. McLane stated that the new zoning ordinance would require the fence height to increase to 8’ and trees planted 20’ on center. McLane indicated that the PT Overlay uses only have exclusions, so the items listed on the table are things excluded from being used in the PT Zone. Morrison opened the public hearing. Applicant: Jeff Freiberg, 946 Oxbow, Idaho Falls, Idaho. Freiberg stood for questions. Support: Josh Jackson, Brokers First Real Estate, 234 West 16th Street, Idaho Falls, Idaho. Jackson indicated that the neighbors are in favor of the annexation and zoning. Jackson stated that the Tirrells and Grays know that the back portion of their property (approx. 6.5 acres) would be a retention pond for development. Jackson stated that commercial is the highest and best use of the property. Morrison closed the public hearing. Dixon stated that on page 2 on the Staff notes it mentions that limited neighborhood services should be located at intersections of arterials and collectors; and this area is not an intersection. Dixon stated that at the bottom of page 2 it states that they should cluster community service centers rather than encouraging strip commercial along arterial streets. Dixon stated that this is a single lot. Dixon stated that on page 3 it states that to reduce land use conflicts existing land uses are recognized as starting points for future land use patterns. Dixon stated that he would be in favor of bringing this in a zone that is compatible with its existing use. Black stated that if this parcel comes in C-1 it could include an indoor amusement center, building material, garden and farm supplies, communication facility, financial institutions, equipment sales/rental, fuel station and vehicle repair and service. Foster indicated that they are rushing to change the zone to C-1 without any other neighborhood comment and time allowances. Swaney stated that it is commercial currently and as Josephson mentioned earlier, if it wasn’t for the need for utilities, they could proceed without coming before the Commission. Swaney stated that all the things that they are worried about being developed are already available to them in the County commercial zone. Swaney stated that it is a class A annexation into a zone that is similar to its current use. Dixon stated that there are a lot of uses within commercial that are not what the current use, but the PT Zone Overlay does eliminate a few things including fuel stations, vehicle repair, building material, garden and farm supplies, while still allowing the existing use, including eating establishment, and that might be a way to accommodate the historic use without broadening potential redevelopment uses. Swaney moved to recommend to the Mayor and City Council approval of the annexation for the property as presented, with initial zoning of C-1 with PT Overlay if the new ordinance isn’t adopted; or, LC Zone if the new ordinance is adopted, Josephson seconded the motion. Dixon proposed an amendment to the Motion that the property be zoned C-1 with PT Overlay if the new ordinance isn’t adopted or the LC Zone with PT overlay if the new ordinance is adopted, Josephson seconded the motion. The Amendment to the motion passed 8-1. Foster voted against the amendment to the motion. Foster opposed the motion and the amendment because she believes they are rushing to set a precedent of commercial along the strip and the neighborhood needs time to prepare and comment. Morrison called for a vote on the original motion with the amendment and it passed 7-2. Black and Foster voted against the motion. Black opposed the motion because she feels like this is a transitional time for the area and it is coming through too fast and it doesn’t match the Comprehensive Plan and they want to do a transitional time they need to make the transition now. Foster opposed the motion for the reasons stated above.  C-1 LC PT Lot Size No Requirement No Requirement 30,000 sq. ft. Set Backs 20', but may be redued to 10' Determined by the underlying if a public sidewalk is zone, or if no underlying zone Front 30' connected to the structure's determined by required entrance. Parking is not buffers and landscaping allowed in the 20' setback Determined by the underlying zone, or if no underlying zone Side 0' 0' determined by required buffers and landscaping Determined by the underlying zone, or if no underlying zone Rear 0' 0' determined by required buffers and landscaping 20' or 10' with an 8' masonry 20' or 10' with an 8' masonry 10' landscape buffer with wall or opaque fence; wall or opaque fence; Buffer from Residential trees 20' on center, or a 6' Evergreen trees spaced at 20' Evergreen trees spaced at 20' opaque fence on center on center 10' landscape strip for 15' landscaped strip with trees 20' landscape strip with trees arterials, 10' landscape strip Required Street Landscaping 40' on center 40' on center with trees 40' on center for non-arterials Parking lots of more that 24 Parking lots of more that 24 Parking lots of more that 24 Required Interior Parking stalls must provide 10% stalls must provide 10% stalls must provide 10% Landscaping landscaping landscaping landscaping Required Overall Landscaping No Requirement 20% of the lot 30% of the lot Parking lots of 5 or more 10' landscaping and a masonry 10' landscaping and a masonry spaces have a 7'-10' wall or opaque fence of at wall or opaque fence of at Parking Lot Buffer to Residential landscaped strip plus a least 6', or a dense evergreen least 6', or a dense evergreen Uses masonry wall or opaque fence, hedge that will attain a height hedge that will attain a height or of 6' in five years. of 6' in five years. Not higher than 4' above the Any building over 24' high highes point of any building must be set back from Building Heights No Requirement located on any property contiguous residential zones contiguous to the proposed property lines 30' use No blank walls are allowed to No blank walls are allowed to Blank Walls No Requirement face a public street face a public street Drive Through Standards No Yes Yes Not open to the public Hours of Operation No Restriction No Restriction between 11:00pm and 6:00am Proposed Land Use Classification C-1 LC PT Accessory use* P P Amusement Center, Indoor P P X Amusement Center, Indoor Shooting Range* P X Animal Care Clinic* P P Bed and Breakfast* P P Boarding /Rooming House P P Building Material, Garden and Farm Supplies P P X Cemetery* C Club* P P X Communication Facility P P Day Care, all Types* P P Drive-through Establishment * P P Dwelling, accessory unit * P P Dwelling, multi-unit* P P Dwelling, two unit P Eating establishment P P Eating Establishment, limited P P Financial Institutions P P Entertainment and Cultural Facilities P P X Equipment Sales, Rental and Services P P X Food store P P Health Care and Social Services P P Higher Education Center P P Home Occupation* P P Hospital* C C Industry, craftsman P P X Industry, light P P Information Technology P P Laundry and Dry Cleaning P Live-Work* P Lodging Facility P P Park, and recreation facility* P P Parking Facility P P Personal Service P P Professional Service P P Planned Unit Development* P P Public Service Facility* C C Public Service Facility, Limited P P Public Service Use P P Religious Institution* P X Residential Care Facility P P Retail P P * School* P P Short Term Rental* P P Fuel Station P P X Fuel Station, Super P P X Storage Facility, self-service P X Vehicle Repair and Service P P X *Excluded retail uses: Anything that relates to automotive, marine, or aircraft parts, accessories, or services P = permitted use. C = conditional use. A blank denotes a use that is not allowed in that zone.  REASONED STATEMENT OF RELEVANT CRITERIA AND STANDARDS APPROVAL OF THE INITIAL ZONING OF LC (LIMITED COMMERCIAL) FOR M&B: APPROXIMATELY 0.864 ACRES NW1/4, SECTION 32, T 2N, R 38E WALLACE DAIRY WHEREAS, the applicant filed an application for annexation on February 26, 2018; and WHEREAS, this matter came before the Idaho Falls Planning and Zoning Commission during a duly noticed public meeting on April 3, 2018; and WHEREAS, this matter came before the Idaho Falls City council during a duly noticed public meeting on May 24, 2018; and WHEREAS, having reviewed the application, including all exhibits entered and having considered the issues presented: I. RELEVANT CRITERIA AND STANDARDS 1. The City Council considered the request pursuant to City of Idaho Falls Zoning Ordinance, the Local Land Use Planning Act, and other applicable development regulations. 2. The property is approximate 0.864 acres located generally south of E Sunnyside Rd., west of S 15th E, north of E 49th S and east of S Holmes Ave. 3. The current zoning of the property in the County is C-2. 4. Surrounding properties are zoned R3, R1 and Bonneville County zones C-2 and R2. 5. The Comprehensive Plan designates this area as Planned Transition. 6. The application is a Category “A” annexation. 7. The Planning and Zoning Commission recommended the inclusion of the Planned Transition Overlay because of the close proximity to existing residential and some of the extra standards imposed by the overlay. 8. Staff recommended not including the Planned Transition Overlay because with recent updates to the Zoning Ordinance, the development standards for the LC Zone have been modified such that the development of LC uses is appropriate in close proximity to residential. 9. With the updates to the Zoning Ordinance, the main differences between the LC Zone and the PT Overlay are that the LC Zone allows more commercial land uses and the PT Overlay restricts the hours of operation to 6:00 a.m. to 11:00 p.m. The Council believes the standards of the LC zone are sufficient for development adjacent to residential without the restriction on hours of operation imposed by the PT Overlay. 10. The proposed initial zoning complies with the purposes set forth within the Comprehensive Plan and Zoning Ordinance of the City of Idaho Falls.  II. DECISION Based on the above Reasoned Statement of Relevant Criteria, the City Council of the City of Idaho Falls approved the initial zoning of LC as presented. PASSED BY CITY COUNCIL OF THE CITY OF IDAHO FALLS THIS ______ DAY OF ____________, 2018 _____________________________________ Rebecca Casper - Mayor  ORDINANCE NO. AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 0.864 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AS LC L IM IT E D C O M M ER C IA L ZONE; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. WHEREAS, the proposed initial zoning district of lands described in Exhibit A is LC Zone for such annexed lands such zoning is consistent with the current City of Idaho Falls Comprehensive Plan Land use designation “Planned Transition”; and WHEREAS, the proposed zoning district is consistent and compatible with the existing and surrounding zoning districts and is consistent with the City of Idaho Falls Comprehensive Plan; and WHEREAS, Idaho Falls Planning and Zoning Commission held a duly noticed public hearing on April 3, 2018, and recommended approval of zoning the subject property to LC Zone; and WHEREAS, the Idaho Falls City Council conducted a duly noticed public meeting and passed a motion to approve this zoning on May 31, 2018. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, AS FOLLOWS: SECTION 1: Legal Description. The lands described in Exhibit A are hereby zoned as LC Zone. SECTION 2. Zoning. That the property described in Section 1 of this Ordinance be and the same hereby is zoned “LC Zone" and the City Planner is hereby ordered to make the necessary amendments to the official maps of the City of Idaho Falls which are on file at the City Planning Department Offices, 680 Park Avenue. SECTION 3. Savings and Severability Clause. The provisions and parts of this Ordinance are intended to be severable. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 4. Publication. This Ordinance, or a summary thereof in compliance with Idaho Code, shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage, approval, and publication. SECTION 5. Effective Date. This Ordinance shall be in full force and effect from and after its ORDINANCE – ZONING M&B: APPROXIMATELY 0.864 ACRES NW1/4, SECTION 32, T 2N, R 3E PAGE 1 OF 2 passage, approval and publication. PASSED by the City Council and APPROVED by the Mayor of the City of Idaho Falls, Idaho, this day of , 2018. CITY OF IDAHO FALLS, IDAHO Rebecca L. Noah Casper, Mayor ATTEST: Kathy Hampton, City Clerk (SEAL) STATE OF IDAHO ) ) ss: County of Bonneville ) I, KATHY HAMPTON, CITY CLERK OF THE CITY OF IDAHO FALLS, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, “AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 0.864 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AS LC L IM IT E D C O M M E R C IA L ZONE; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.” Kathy Hampton, City Clerk ORDINANCE – ZONING M&B: APPROXIMATELY 0.864 ACRES NW1/4, SECTION 32, T 2N, R 3E PAGE 2 OF 2