Planning Commission

October 3, 2023 7:00 p.m. Planning Department City Annex Conference Room MEMBERS PRESENT: Commissioners Glen Ogden, Forrest Ihler, Bill Scott, Dale Storer, Arnold Cantu. MEMBERS ABSENT: Margaret Wimborne, Marsha McDaniel, Scott Geddes, Kristi Brower ALSO PRESENT: Assistant Planning Director Kerry Beutler, Planners David Peterson, Naysha Foster, and interested citizens. CALL TO ORDER: Ogden called the meeting to order at 7:00 p.m. MINUTES: Scott moved to accept the minutes of September 5, 2023, Storer seconded the motion. Ogden called for roll call vote: Ihler, yes; Scott, yes; Ogden, yes; Storer, yes; Cantu, yes. The motion passed unanimously. Public Hearing (s): 1. RZON 23-005. REZONE. Rezone request from LC, Limited Commercial to CC, Central Commercial for Lots 1-48, including the alley, Block 2 Capitol Hill Addition. Ogden opened the public hearing. Applicant: Gilmore Jenkins, Harper Leavitt Engineering 101 South Park Ave, Idaho Falls, Idaho. Jenkins gave the location of the subject property consisting of 3.64 acres, zoned LC, with existing uses consisting of a hotel with a commercial area that has been used as a bar for many years. The rezone request to CC is to facilitate the change of use from a hotel to remodel the hotels into apartment buildings, and in the future phase they will demolish and reconstruct the lot into a high density multi family unit. There is contiguous commercial zoning and many multi-family uses in the area. There is available infrastructure to facilitate this project nearby. The high density use on this property would improve this area and would fit well with the comprehensive plan, as the property is in the General Urban Area, which is intended to have multi-family and commercial uses. Jenkins asked one of the designers to present additional information. Grahm Whipple, Resin Architecture, 305 1st Street, Idaho Falls, Idaho. Whipple stated that Resin is wanting to revitalize this area and build on the vision that the City of Idaho Falls has identified on the Northgate and 1st Street Areas. Whipple stated that the location is bounded on the north by the golf course, east by Elks Lodge, south by an established residential neighborhood, west by predominantly commercial mixed use historic zone. The portion to the west has been identified within the City’s master plan for Northgate and 1st Street District for redevelopment. Whipple stated that what they are proposing on this side of the street is similar to what has already been approved across the street. The Master Plan has visions of bicycle paths, pedestrian paths, activity streets, main street development that has been envisioned for Holmes. All these things have been approved and are being spearheaded by the City of Idaho Falls, and they want this development to align with the same principles. Some of the character and amenities they will create with this development fit in with what the City’s Master Plan for this area is asking for including bike and pedestrian paths along Elva, Freeman Avenue is identified as a festival street, much like the areas in Downtown, and Holmes will be developed in Planning Commission Minutes October 3, 2023 Page 1 of 9 a main street style. Whipple stated that it is important to connect green spaces with pedestrian and bike traffic to create vitality for the City. Central Park is a few blocks south and the golf course directly north, as well as small pocket parks to the east. They are wanting to create a high- density neighborhood that has access to other parts of the City. Whipple doesn’t want the residents to be scared by a high-density neighborhood, as what they are looking to do is strengthen and lift the area. Whipple stated that they are proposing a high-density development on this property. There are areas that are commercial, service, residential and along Holmes there would be a commercial component along the street level, Elva would reinforce smaller business, along south they are aware of the residential development and established long term residents, so they are trying to scale the project as they look south, so views are not blocked. The commercial aspects will benefit the existing neighborhood and alleviate burdens on traffic as some of the needs are met within the development. Whipple showed some concepts of what they are intending to do. They are going to improve the landscaping on the south side. Whipple showed a concept image of the corner of Holmes and Whittier looking to the east. Whipple stated that it is not the final design and only a vision of what kind of development will reinforce the City’s long-term plan for this corridor. They are asking for this block to be rezoned to continue the vision across to the east side of Holmes. Whipple showed another image of the corner of Freeman and Whittier showing a lower height overall, and as they go north the height steps up. There is a constraint that will balance and govern the overall density of this development and that is the parking balance. The parking allowed in the cc zone is what they are working with the restrictions to find the maximum development and improve the amenities around the perimeter at street level. Gilmore Jenkins, Harper Leavitt, 101 South Park Ave, Idaho Falls, Idaho. Jenkins indicated that the car park will be below the building with two levels of parking to keep the street view clean. Scott asked how many units they are intending. Jenkins stated that currently they are close to 315 units, and they are still working depending on parking constraints in the CC Zone. Scott clarified that there would be one parking space per unit at a minimum. Scott asked what restrictions of the LC zone are a problem for this development. Whipple stated that there is height, density and set back restrictions. Whipple stated that to get a density development it cannot be done in the LC zone. Peterson presented the staff report, a part of the record. Ihler asked if the boundaries on the Comprehensive Plan are broad brush, and not hard lines. Peterson agreed and indicated that the Comprehensive Plan is stylized the way it is because they are not hard/fast rules, and they are flexible. Ogden asked about the Master Plan and asked if the urban village would have something similar to this proposed development. Peterson stated that the study is general and available on the website to read, but it is looking for catalyst to have investment come into the area. These areas were identified that were available and able to accommodate a catalyst, such as the new police station on Northgate, and this proposed development could serve as an additional catalyst. Ogden asked if the activity centers are going to continue on the west side of Holmes and maintain the residential feel on the east side, or why the red line demarcation is made right up Holmes. Beutler stated that the City received grant funding from the EPA to accomplish this work and the boundary wasn’t intended to isolate uses or redevelopment, or to designate areas. It Planning Commission Minutes October 3, 2023 Page 2 of 9 just established the highest priorities and a reasonable area that the funding would allow the City to look at. The intent was to take the principles and concepts they learned and allow them to expand through the area so they can see reinvestment throughout the entire portion of town. Ogden asked if staff feels that this development will provide the catalyst for the rest of the area. Peterson indicated that staff feels it could be a catalyst. Scott asked about storm water runoff when there is 100% coverage on lots, and asked what kind of requirements there are, and how much runoff they can deal with. Peterson stated that is a challenge for the designers and engineers, and they will have to contain their storm water in a sufficient way as required by the City Engineer. Ogden asked about traffic, and asked why there is no comment from staff on a 315 unit. Peterson stated that there are plans to increase traffic flow, and it is supposed to be a walkable area. Peterson stated that not everyone in the development will be driving their cars at the same time. Ogden stated that it will be initially isolated as the services are not in the area yet. Peterson agreed there will be some impact to traffic. Beutler stated that there is a light at Elva and the development is only a block away from Northgate, and traffic will be managed safely. Ogden asked about the sewer and water capabilities and asked what will have to be expanded. Peterson stated that will be determined after a site plan is submitted and engineering can explore that issue. Support/Opposition: Holverson, 560 Whittier, Idaho Falls, Idaho. Holverson read Title 67 Chapter 65 regarding Rezoning Statutes. “Notice shall also be posted on the premises no less than one week prior to the hearing, in absence of a locally adopted alternative procedure… in addition to posting on all external boundaries of the site.” Holverson drove around the block yesterday and did not see any postings on Whittier, Elva or Freeman. Holverson asked if the hearing should be moved to a different date when proper hearing notice can be made. Holverson continued with City Statute Title 10 Chapter 3 – He read the following uses are permitted in CC1- Item 4 is apartment houses. For Apartment Houses is states that Court apartments or multiple dwellings, area frontage, location, height and size requirements shall be the same as for dwellings in the R3 Zone, except that no requirement shall apply to dwellings located above the ground floor, when said ground floor is exclusively devoted to commercial use permitted in the zone. Holverson stated that the plan appears that it will be partially residential, and the ground floor is not exclusively devoted to commercial use. When it is not commercial on the ground floor there are set back requirements according to the City Title 10, Chapter 3-13(e) there are setback requirements with 20’ from any public street, and 1 foot added for every 2’ of building height above 25’. Holverson indicated that their plan is not set up yet and that is a concern. Holverson stated that the traffic comment should not be N/A when there will be congestion issues with 315 apartments. It appears that the developers have reduced the size from the community meeting presentation, as there was less parking. The neighbors are concerned with building height and the height requirements. Holverson stated that there is multi-family across Holmes, but it is not comparable to this development. Holverson stated that there will be a buffer, but possibly traffic going in and out on Elva, Freeman and Whittier. Planning Commission Minutes October 3, 2023 Page 3 of 9 Holverson stated that during the neighborhood meeting minutes they indicated that the building could be up to 7 stories tall with parking. Holverson wants to know the exact size of the buildings and the answers keep changing. Holverson is concerned about the green space that will be 38’ wide yard as requested by the City and wants to know the total dimensions. Holverson stated that the staff notes indicate that the sewer will not be affected, but they have already stated that the sewer line is not big enough. Holverson doesn’t feel legal notice was given due to the Statute and feels the hearing should be set for a different date. Bret Lowes, 512 Whittier, Idaho Falls, Idaho. Lowes stated that when there was the flood 3 months ago, his basement got 6 inches of water, and the sewage and drainage backed up. Lowes stated that with 315 homes with rent at $1500- $2000 a month would require two working adults with 2 cars would be more than 500 cars and there is not room for cars and the cars will spill out onto the streets and there is not room for that. Lowes is concerned about the height and his front yard will be in the shade and the sun will be blocked out if this building is tall. Beutler stated that he feels the City has met the requirements for notice of the hearing, and the Planning Commission is a recommending body, and there will be another round of public notification for City Council. Ogden clarified that more opportunity to review and address these questions later during a final plat, this is only a rezone request. Beutler clarified that as the Commission considers a rezone, he urged them to be careful not to consider a specific plan that has been presented, as plans and developments come and go. The Application is to change the zoning from LC to CC and with every zoning designation there is a list of allowed and permitted uses. To be comfortable with a zoning request, you should be comfortable with all the allowed uses that are allowed, as any of the uses could be presented to the City if the zone is changed. Applicant: Gilmore Jenkins, Harper Leavitt Engineering, 101 Park Ave., Idaho Falls, Idaho. Jenkins stated that they are the beginning of the process and until the rezone is approved, they will not get too deep into a design, and City Staff will hold them to every Ordinance that is in the zoning. Traffic Study conversations have been started to discuss where they can allow entrances. Jenkins indicated that there is a slide in the packet that shows where there is City infrastructure, and there is plenty of water to serve any use, sewer will need to be extended to a 12” coming north from a manhole 2 blocks south, and any high-density use, that is something that they will have to do. The storm water is required to have a 1.33” storm catch over the entire site to be retained and percolated or treated in some way on the site. They will work through that design as they get further into this project. There are 2 layers of parking if they continue with the vision, and the number of floors and height restrictions will meet City ordinances. Graham Whipple, Resing Architecture, 305 1st Street, Idaho Falls, Idaho. Whipple stated that with a rezone the Commission must recognize all the potential uses. Whipple stated that there are far worse things that could happen in this area. The proximity to established residential discussion is respected. Whipple stated that the City of Idaho Falls sees the vision of forward thinking for redevelopment, and reinvestment to benefit the City and the Developers will be held to statutes and zoning ordinances and all rules. This is in the early phases of design, and they do not have final plans. Whipple stated that a large development does not rely on the soil to catch the water, and a dry catch basin can take on water faster than soil. Whipple does believe that CC Planning Commission Minutes October 3, 2023 Page 4 of 9 rezone is what is right for this property and what will help give the spark to the area. Whipple will consider comments and feedback during their process. Ogden closed the public hearing. Storer commended the applicant and the neighbors on excellent comments. Storer heard the words catalyst and spark, and he thinks that is an important concept because the area is stagnating. Storer stated that if the contemplated plans were to materialize this would be a major change for the better in the area. Storer stated that the traffic flow is a legitimate concern when they get into the development plans, and that needs to be addressed. Storer feels that they are at the beginning of this project and there are many things that need to be addressed as the development firms up. Storer is concerned about the notice issue. Storer stated that if there is not proper notice you do not get proper input. Storer encouraged staff that every effort be made in the future to ensure that proper notice is given. Storer is in favor of moving forward. Ihler stated that this is the type of project he likes to see in the City. Ihler stated that the City of Idaho Falls is at an influx point and bigger cities tended to grow out instead of focus on the core, and those bigger cities are now in financial trouble, as the tax base isn’t in the middle, and they have too much infrastructure to maintain, and the zoning restrictions don’t allow them to revitalize the areas. The City of Idaho Falls has better zoning codes to reinvest in areas properly, and this is the type of project to allow that to happen. Ihler stated that big apartment buildings are a change, and this is not a radical change, and the property is already commercial use. If all the hotel rooms were full there would be many people in the area. The Comprehensive Plan suits the area. Ihler stated that this is just zoning, and they are not looking at the specific plans and he knows the developer will be held accountable to fit what they want to develop into the zoning code. There is a traffic light on the corner to handle traffic. Ihler stated that there will be rush hour, but not all cars will empty out at the same time. Ihler is not worried about traffic issues. Ihler stated that this project can potentially have commercial in it, and it is a good mixed-use project. Scott agrees with Storer and Ihler. Scott sympathizes with the residents to the south, but they need to recognize that the City is growing, and the zoning regulations allow them to stay ahead of the game. This type of zoning is appropriate for the area and could be a catalyst to improve the City and he is in favor of the rezone. Ihler stated that the City is growing out, and if the City continues to grow outward with City family neighborhoods that is fine, but the City also has to do projects like this in the core to counter-balance the outward growth, so they do not dig the City into a financial hole with the maintenance of infrastructure. Cantu stated that this is just a zoning decision, and the Commission has to feel comfortable with the zone. Cantu looked at allowed uses between CC and LC and he doesn’t feel the change is necessary, unless they want to build a gigantic apartment building. Cantu doesn’t see the need the need to change from LC to CC. Ogden feels that the CC works better on the west of this property and the LC is more suitable as it is directly adjacent on the east side of Holmes to the neighborhoods. Ogden feels you can do a lot in an LC and CC is not what he envisioned on the east side of Holmes. Planning Commission Minutes October 3, 2023 Page 5 of 9 Scott moved to recommend to the Mayor and City Council approval of the Rezone from LC to CC for lots 1-48, including the alley of Block 2 Capitol Hill Addition, Storer seconded the motion. Ogden called for roll call vote: Ihler, yes; Scott, yes; Ogden, no; Storer, yes; Cantu, no. The motion passed 3-2. 2. RZON 23-006: REZONE. Rezone from LC Limited Commercial and PUD Overlay to LC, Limited Commercial removing the PUD Overlay. Ogden opened the public hearing. Applicant: Neil Humphreys Eagle Rock Engineering, 1331 Fremont Ave., Idaho Falls, Idaho. Humphreys stated that they are requesting the removal of the PUD from the project area. Humphreys gave a location of the Narrows north of US 20, East of Snake River, South of Higham and west of Fremont consisting of 13 acres of LC with PUD Overlay. The existing land uses are vacant sites, residential to the south, east and west and some commercial. This is designated as Urban Core. Humphreys stated that the intent of the developer is to get the ball rolling to plan this area, and they need to remove the existing PUD as it no longer conforms to the City Standards, and it was applied specifically to a potential development in 2007-time frame. They want to remove the overlay so they can move forward with planning, and they are in the preliminary planning stage. The removal of the PUD is consistent with the City’s plan for the area. This is a good location for future development. Humphreys feels that removing the PUD is the first step in developing this area. Ihler asked is there a reason to stick with LC instead of going to CC. Humphreys stated that there hasn’t been much conversation about the intent to rezone from the client. If plans materialize that require higher density, they can apply for that in the future. Ogden clarified that the purpose of this rezone is to remove the PUD overlay so there are other options that can be done with the property. Foster presented the staff report, a part of the record. Storer asked what the time frame in which a proposed rezone can be reconsidered for another rezone in the future. Foster stated that if it is City initiated it is 4 years, but if it is property owner initiated it can be requested to the same zone within 6 months unless things of a material nature have changed. Foster stated that if they were requesting LC tonight, and that was denied, they would have to wait 6 months to re-request LC, but they could come back before the 6 months and request a different zone. Support/Opposition: Evelyn Stanton, 1020 Vessing Street, Idaho Falls, Idaho. Stanton lives across the highway from the proposed development. Stanton stated that a few years ago the City came and put a new sewer line in and since then they have a tremendous amount of development on that side of the highway, including small apartments, more at University Place, INL, Sage Lake, and all that sewer runs right in front of her house, and the manhole cover is stinky and smells like an open sewer. Stanton stated that it is a huge line, so they have fulfilled a lot of development and in the summer it is stinky. Stanton would like to know how much more stink she will get from this development. Stanton wants the traffic considered as the I-15 off ramp is being reconsidered for the location and the City would like to have her corner and she will sell for $ 1 million today and tomorrow $2 million. Stanton loves her property, and it is the only corner zoned single family. Planning Commission Minutes October 3, 2023 Page 6 of 9 Stanton urged the Commission to think about the sewer running in front of her house. Stanton stated that she will look to the City to fix the sewer problem. Steve Stanfield 1300 Vessing Circle, Idaho Falls, Idaho. Stanfield stated that the manhole cover is ripe. Stanfield stated that the rest of the greenbelt has a PUD overlay that requires a certain amount of public access to go along the river. Stanfield stated that where they are wanting to change the PUD Overlay, the green along the river stays green and then it changes, and the developer has stated that they will leave the right of way along the river so people can walk along the river to the park and go under the bridge to get to the greenbelt. Stanfield does want the property developed because there are a lot of people that shouldn’t be there at night and if it was developed that would go away. Stanfield is concerned that if the PUD overlay is removed, then the access along the river between the park and the greenbelt can reduced or harder to get to. Stanfield is concerned that if they remove the PUD, it will be made into a smaller path and people won’t have public access to go to the park. Stanfield stated that there is a requirement with the PUD to have certain portions for the public. Graham Whipple, Resin Architecture 305 1st Street, Idaho Falls, Idaho. Whipple is involved in a portion of the hoped-for development in this area. Whipple stated that if they rewind 15 years PUDs were the mechanism to provide a catalyst. Whipple stated that sometimes the biggest hurdle of getting something to happen in an area, is cleaning up good intentions from previous years. The PUD from 2008 was never realized and the ownership is now fragmented, and the idea of a PUD cannot be realized. With the PUD overlay in place this will continue to be an undeveloped area because there is no cohesive ability to develop a plan and the PUD is outdated. By removing the PUD overlay you remove the series of guidelines that was defined in 2008 and bringing it to the current zoning standards and it does not change the underlying zoning of LC. Whipple stated that his client’s portion doesn’t impact the river greenbelt front. Whipple stated that by removing the PUD you open this parcel up to an opportunity for redevelopment. This has a great opportunity for redevelopment. Resin Architecture sponsored an international competition for design, and this was one of 3 sites identified in the City of Idaho Falls that is underutilized. They had submissions from all around the world, and the concepts and ideas showed how much more could happen in this spot, but the PUD Overlay prevents it. Removing the PUD will allow something to happen. Steve Stanfield, 1300 Vessing Circle, Idaho Falls, Idaho. Stanfield wants to see a guarantee that the greenbelt aspect is protected. If there is another ordinance that would protect the greenbelt use that. He is scared that without the PUD the owners will take away the public’s opportunity to use the path. Applicant: Neil Humphreys, Eagle Rock Engineering, 1331 Fremont Street, Idaho Falls, Idaho. Humphreys stated that he lives in the row homes on Fremont, and he thinks more amenities in the area would be great. There are a lot of commercial along most of the greenbelt, but the highway bisects this area and so there hasn’t been growth. Humphreys stated that he doesn’t think the PUD removal will affect the greenbelt useability and any potential developer will see that as a value added and use it to showcase it as a feature. Ihler asked if the property owners own up to a certain point and then the City owns it along the river. Foster stated that the overlay extends along the green portion on City property and all the green along the river is owned by the City, and it extends down. Foster clarified that if they Planning Commission Minutes October 3, 2023 Page 7 of 9 leave the PUD, they have to build what the original PUD looked like. Foster stated that there are standards for setbacks along the river as well. The corridor is protected. Ogden closed the public hearing. Ihler stated that this is an incredible piece of property and he had been hoping someone would do something with it. Ihler stated that getting rid of the PUD will help this property. Ihler feels this is a great area for redevelopment and supports removing the PUD. Scott is in favor of this being developed and is assuming there won’t be any serious impact of the sewage system and is hoping that the City can be approached with the sewer problem and sympathizes with the public’s concern on sewage. Ogden stated that removing the PUD will not address the sewer issues, but future development could potentially help with the sewer problem. Ogden was happy to hear that the City owns the waterfront and removing it does open up opportunities. Storer clarified that the State of Idaho, not the City, controls the green property up to the high- water mark, and the removal of the PUD will not change that. Storer wants the sewer concern looked at carefully. Storer moved to recommend to the Mayor and City Council approval of the rezone from LC Limited Commercial and PUD overlay to LC Limited Commercial removing the PUD Overlay, Scott seconded the motion and the motion passed unanimously. Business: 3.PLAT 23-022. FINAL PLAT. Pickering Place Division 1. Applicant: Ryan Singleton, Connect Engineering, 1925 No. Bramble Lane, Idaho Falls, Idaho. Singleton is presenting the final plat for the first stage of the Pickering subdivision. These are the first 8 lots of a larger subdivision that was looked at in the preliminary plat. The property is located on Lincoln Road next to Costco. The final plat being presented will take place of where the current storage containers sit along Lincoln, and then development will move back into the subdivision. Peterson presented the staff report, a part of the record. Cantu moved to recommend to the Mayor and City Council approval of the Final Plat for Pickering Place Division Ihler seconded and the motion passed unanimously. Beutler stated that in November the meeting will be the second Tuesday of the month due to election day and it will be a busy meeting. The Bonneville County Planning Commission has a seat for a City of Idaho Falls P&Z member to serve so there is continuity between City and County. If anyone has the potential to serve, please let Beutler know. Beutler clarified that the testimony provided about notice, and the notice for the item tonight was complete and accurate and the section that was referred to during public testimony is when the notice is required for 200 or more property owners. If they are taking an action that involves 200 or more property owners, there is a higher level of notification. This rezone notice tonight only went to 33 property owners. Beutler feels the testimony tonight potentially misread or misjudged what the State Statute requires. Planning Commission Minutes October 3, 2023 Page 8 of 9 Ogden appreciated the clarification for the record, and that it was appropriate noticed. Next meeting November 14, 2023. Adjourned at 8:30 p.m. Respectfully Submitted Beckie Thompson, Recorder Planning Commission Minutes October 3, 2023 Page 9 of 9