Planning & Zoning Commission

PLANNING & ZONING COMMISSON (PZC) Regular Minutes for October 12, 2022 at 6:30 p.m. City Council Chambers 911 North Seventh Avenue, Pocatello, ID 83201 Chair Chanda opened the meeting at 6:30 p.m. AGENDA ITEM #1: ROLL CALL AND DISCLOSURE OF CONFLICT OF INTEREST, EX-PARTE COMMUNICATION AND SITE VISIT. Disclose who was talked to, the basic substance of the conversation, and whether the conversation had any influence. Disclose if there is anything personally or professionally that would not allow an impartial or unbiased decision. Disclose if a site visit was done, location(s) of the visit, and what was seen. Eugene Bartu made a site visit for agenda item 2 and had nothing else to report. Krystal Chanda made a site visit for agenda item 2 and had nothing else to report. Whitney Fenwick made a site visit for agenda item 2 and had contact with Kathleen Olson on facts and had nothing else to report. Roger Frey made a site visit for agenda item 2 and had nothing else to report. Marjanna Hulet had nothing to report. Rich Phillips had nothing to report. Shin Kue Ryu and had nothing to report. Present: Eugene Bartu, Krystal Chanda, Whitney Fenwick, Roger Frey, Marjanna Hulet, Richard Phillips and Shin Kue Ryu. Staff: Matt Kerbs, Will Klaver, Matthew Lewis, Aceline McCulla, Brent McLane and Merril Quayle It was moved by M. Hulet and seconded by R. Phillips to amend the agenda by removing the agenda item for minute approvals and by adding the public comments to amended agenda item 2, as a significant amount of public comments were received after the agenda was posted on October 5 and were received by 11:45 a.m. on October 12, 2022. Those voting in favor were Bartu, Chanda, Fenwick, Frey, Hulet, Phillips and Ryu. Those voting against were none. Motion passed unanimously. AGENDA ITEM #2: PUBLIC HEARING – CONTRACT REZONE This time has been set aside for the Commission to hear comments from the public regarding a request John Burtenshaw of JG Ventures, LLC, represented by Michael Jaglowski of Kinport Engineering, LLC, for the contract zoning map amendment of 8.75 acres (more or less) of land west from Residential Low Density (RL) to Residential-Commercial-Profession (RCP). The site is located on the 700 block of Hospital Way, adjacent to and east of the Portneuf Medical Center and west of the Sagewood Hills Subdivision. Chanda opened up the public hearing at 6:33 p.m. Mike Jaglowski of Kinport Engineering LLC gave a brief history of about the project and gave a PowerPoint presentation on the development project, which will be included with the public record. Meetings were held with residents to get their input and compromises were made when possible for the land topography and per City Code and staff recommendations. Senior Planner Matthew Lewis with the City of Pocatello summarized the staff report and with a PowerPoint presentation, which will be included with the public record. Three signs were posted on the subject project, however, the southernmost sign was removed, as it was found not to be on the subject property. Lewis listed the people that submitted public comments, which were included in the amended agenda packet, Page 1 of 4 less one received at 2:50 p.m. and was provided to the Commission and Applicant via email at 3:26 p.m., and a hard copy was provided to the Commission and applicant during the clarification meeting. Staff concludes that the proposed contract zoning map amendment is compliant with Pocatello City Code Section 17.02.170. A full analysis is detailed within this staff report in pages 2-6. Should the Commission recommend approval of the subject application, staff recommends the following conditions be attached: 1) The subject 8.75(+/-) acre parcel shall be given a zoning designation of Residential- Commercial-Professional (RCP) which is consistent with the Mixed Use (MU) designation of the Comprehensive Plan Map and Municipal Code 17.01.130 (Plan Designation-Zoning District Conversion Chart); 2) A minimum 20-foot transitional landscape buffer shall be provided abutting and west of the Sagewood Hills subdivision. The area shall be irrigated consisting of at least one (1) tree 1.5” in caliper for every 20-feet of property frontage measured in a liner line north to south. This results in a minimum of 47 trees (944-feet/20=47). In addition to the tree’s the buffer area shall consist of vegetative ground cover including, but not limited to, decorative grasses, shrubs, or low water ground cover; 3) The maximum height of any multifamily-apartment structures shall not exceed 38’5”. Note: an additional ten percent (10%) administrative adjustment will not be permitted beyond the 38’5”; 4) Any structure constructed within the 8.75 (+/-) acre parcel shall be of an earth-tone color. Reflective materials shall be prohibited. The developer shall use exterior treatments on the multi-family apartment buildings to break up the façade such as but not limited to awnings, variation in materials and color schemes; 5) The form and content of the contract agreement shall be executed as provided under Municipal Code Section 17.02.170 J.5; 6) Portions of the site have slopes of 15 percent or greater therefore any future development will be subject to Municipal Code Section 17.05.140 – Slope Development Standards. A slope analysis and geotechnical report will be required as part of future building permit applications or subdivision of the property; 7) Any standards/regulations not herein noted but applicable to the proposed development shall be strictly adhered to; and 8) Any activity requiring a separate development or building permit shall comply with applicable regulations. The Commission ensued in discussion with staff to clarify if the contract rezone would run with the land? Lewis stated City Code 17.02.107.4.a-g. and read the Form and Content of Agreement section. Hulet asked about surrounding property zoning. Lewis provided the zoning on surrounding properties. Hulet asked for clarification on the apartments. Lewis clarified staff conditions listed in the staff report. Matt Kerbs clarified how conditions could be added as a recommendation and what the City Council could do with recommendations. Chanda opened up the meeting for public comment at 7:13 p.m. Those in favor: Ryan Bowen identified three benefits, connection for transportation, the side walk connection, it’s in the medical center mecca and promote expansion for health care business, and connects the other medical businesses within a mile. He noted Comprehensive Plan and its advancement of development to improve service. John Burtenshaw, JV Venture developer, stated he spoke with City staff and the project was welcomed. The frustration was that neighbors complain and push back on the project on property vacant for many years. A compromise was conceded on number of units, height of building and buffer zone. The City needs to stick with the Comprehensive Plan guidelines. Those neutral: none Page 2 of 4 Those opposed: Richard Stallings resides in the neighborhood and was concerned with property values and he wanted more restrictions on the development. Stratten Laggis resides in the neighborhood and was concerned with the difference in residential zoning districts and their restrictions and felt that these other residential district zoning restrictions should be the same for RCP zoning district. Brady Moon resides in the neighborhood and was concerned with the Mixed Use Zoning Code. He did not feel that an RCP zoning for this property is not consistent with the surrounding and adjacent property. Moon wants RL zoning on the east and to the west with a 32-foot height limit. Vivian Goodman resides in the neighborhood and was concerned with blending apartments and businesses with the community and adjoining property. Steven Balkenbush resides in the neighborhood and was concerned with the building suitability and the slope grading. Kandie Brown resides in the neighborhood and was concerned with the height of the buildings and diminishing the residence’s visibility. Brown was also concerned about the traffic. Rick Nordseth resides in the neighborhood and was concerned that what the residents want were not met. John Davis resides in the neighborhood and was concerned with building height and number of units built. Wally Kennedy resides in the neighborhood and was concerned with the mixed-use zoning. Joy Kennedy resides in the neighborhood and was concerned with the mixed-use zoning. Therese Balkenbush resides in the neighborhood and was concerned with the housing density. Cliff Olsen resides in the neighborhood and was concerned with RCP zoning, listed in his public comment. Kathy Olsen resides in the neighborhood and was concerned that the conversations between JG Ventures and the neighbors did not benefit the neighborhood’s requests, listed in Cliff Olsen’s public comment. Applicant rebuttal: Jaglowski stated that the neighborhood meetings were held to bring ideas to the developer and trying to compromise. This property is a transitional zone, the “medical mile” and deserves mixed use including housing, which is needed for medical staff and local businesses. The property is zoned as mixed use and JG Ventures compromised from their original plan and reduced numbers of the buildings and the building heights and enlarged the zoning buffer. The purpose and compliance of the proposed development complies with City Code and JG Ventures agreed to the conditions and to work with staff to meet guidelines for the best possible results. Jaglowski stated a Geo Technical report was completed, the slope analysis was completed to understand the site and what would work on the property. Burtenshaw noted that they designed this plan after meeting with City staff and building what the City asked for to meet City needs. Page 3 of 4 Hulet asked about parking spaces for residential units and dark-sky lighting in the development. Jaglowski stated the lighting would be aimed down on the ground and required by City Code. Hulet asked about the number of units. Jaglowski stated the units could be a range of housing types that would on the topography and subject property and economics was also considered. The drawing depicts what was discussed at the site plan meeting with staff to where to put the residential. John Burtenshaw stated it was economics and dollar per foot, residential verse commercial property. The City asks for a transition of residential of single-family to multi-family to commercial. The City wants walkability in their hospital area and a transition. Hulet asked what the city allows. McLane stated The City allows building height of 35 feet with a ten percent (10%) Administrative Adjustment for 38.5 feet height. City staff will analyze the plan to meet City Code minimums. Zero lot lines would include townhomes style units, the allowable units are 30-units. Merril Quayle, public works engineer with the City of Pocatello stated that Hospital Way can handle the traffic and the access would be looked at once a plan is submitted with regards to vertical curbs. A traffic impact study would be required if more than 100 peak hours is determined. Discussion between Commission members ensued. It was moved by M. Hulet and seconded by R. Frey to recommend approval of the contract zone map amendment application from JG Ventures, LLC from Residential Low Density to Residential-Commercial- Professional, finding the application does meet the standards for approval under Chapter 17.02.170 of Pocatello City Code, with the conditions listed in the staff report, and with additional condition of 12 units per acre density would apply to property adjoining the RL zone and higher density of 24 units would apply across the street, and to authorize the Chair to sign the findings of fact. Those voting in favor were Bartu, Frey and Hulet. Those voting against were Chanda, Fenwick, Phillips and Ryu. Motion failed. It was moved by S. Ryu and seconded by M. Hulet to recommend approval of the contract zone map amendment application from JG Ventures, LLC from Residential Low Density to Residential-Commercial- Professional, finding the application does meet the standards for approval under Chapter 17.02.170 of Pocatello City Code, with the conditions listed in the staff report, and with additional condition of changing the residential density to 12 units per acre in residential area of 3.8 acres to the east of proposed rezone area, and to authorize the Chair to sign the findings of fact. Those voting in favor were Bartu, Hulet and Ryu. Those voting against were Chanda, Fenwick, Frey and Phillips. Motion failed. It was moved by R. Phillips and seconded by W. Fenwick to recommend approval of the contract zone map amendment application from JG Ventures, LLC from Residential Low Density to Residential-Commercial- Professional, finding the application does meet the standards for approval under Chapter 17.02.170 of Pocatello City Code, with the conditions listed in the staff report, and to authorize the Chair to sign the findings of fact. Those voting in favor were Bartu, Chanda, Fenwick, Frey, and Phillips. Those voting against were Hulet and Ryu. Motion passed. With no more public comments, Chanda closed the public hearing at 8:51 p.m. With no other Commission business, Chanda closed the meeting at 8:51 p.m. Submitted by Approved on November 9, 2022 Aceline McCulla, Secretary Page 4 of 4