City of Driggs PLANNING AND ZONING COMMISSION MEETING MINUTES March 14, :30PM

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1 City of Driggs PLANNING AND ZONING COMMISSION MEETING MINUTES March 14, :30PM MEMBERS PRESENT: Brian Gibson, Josh Holmes, Grant Wilson, and Larry Young STAFF PRESENT: Ashley Koehler, Planning and Zoning Administrator and Jay Mazalewski, Director of Public Works PUBLIC PRESENT: Serena Adams (applicant), Clair Rood (applicant), Shawn Hill (VARD), Nancy Gail Peterson, Julia Telman (TVN), Erica Rice, Jason Letham Commissioner Young called the meeting to order at 6:30pm 1. Approval of Meeting Minutes from February 14, Commissioner Gibson motioned to approve the 2/14/18 meeting minutes. Commissioner Wilson 2 nd the motion. Motion passed with all in favor. 2. Design Review and Possible Recommendation: Mountain Town Car Wash site plan and elevations. Lot H1, Driggs Fly-In Parkway (Hwy 33 south of Rodeo Dr). Applicant Serena Adams Koehler presented the project to the P&Z Commission (P&Z) and provided an overview of the DRAC recommendation and conditions. Staff requested that P&Z specifically consider the proposed materials and whether internally illuminated walls signs are appropriate with this Design Review project or with future sign permits. Commissioner Gibson had questions about the highway access and believed he had additional information on a granted easement via the adjacent gas station lot. Staff explained the current access determination from ITD. The commission discussed the building materials and had a few questions for the applicant to help clarify the proposed materials to be used. The applicant requested that the commission consider retaining the potential for the business to use an internally illuminated wall sign. Staff explained that the sign is subject to review through a Sign Permit, but is requesting direction from P&Z to help staff apply the design standards as they apply to signs which can be subjective. Commissioner Gibson motioned to approve the Mountain Town Car Wash building elevations and site plan based on their compliance with the Design Standards outlined in the Staff Report if the following conditions are met: 1. The site plan shall be updated to the show the location of the driveway accessing Hwy 33 in regards to the fire hydrant. 2. At time of Building Permit application submittal the following items shall be submitted: a. Storm water plan per the Driggs Technical Standards and Specifications b. Construction drawings for the driveway c. Site plan showing location(s) for additional snow storage area d. Landscape plan that specifies that the landscaped area meets the minimum square footage requirements and lists the plant species, plant size and groundcover material. 3. An Encroachment Permit shall be obtained from ITD for the driveway access onto Hwy 33 prior to building permit issuance. P&Z Meeting Minutes- March 14, 2018 Page 1 of 6

2 4. In accordance with Section B of the LDC, an easement shall be recorded to the effect that the shared driveway off of Hwy 33 can be used by lots H1, H2, and H3. This easement shall be recorded prior to issuance of the Certificate of Occupancy. 5. A 12 public pathway easement along the western property edge shall be granted to the city prior to issuance of the Certificate of Occupancy. 6. The dumpster screen and the gate shall match the colors and materials of the building. 7. The trash cans located by the vacuum island shall be of a material that is weather resistant and not able to be moved by the wind. 8. The interior walls of the carwash bays and any future garage doors shall be muted colors and match the color on the exterior of the building. 9. The proposed freestanding sign or monument sign along the Hwy shall match the architecture and colors of the carwash building and may not be internally illuminated. 10. The design and location of the proposed wall sign that uses individual channel letters is supported, but the sign shall be evaluated for compliance with the Sign Code through the Sign Permit application. Commissioner Wilson 2 nd. Motion passed with all in favor. 3. Public Hearing/Possible Recommendation: Significant Plat Amendment- Shoshoni Plains Phase IV-B modified plat, updated improvement plans and Development Agreement. Applicant- Clair Rood and Eagle Rock Engineering. Koehler provided a summary of the project including the history of the subdivision and the 2017 insignificant plat amendment application that has been withdrawn and expired. The plat has not been vacated by the City although it has been eligible for vacation. Koehler explained that the developer has submitted the significant plat amendment application being reviewed tonight in order to reactivate the subdivision with proposed changes to the plat including construction of Booshway St. to the extent needed to access the proposed platted lots. Koehler outlined the additional information that is still needed from the developer and briefly reviewed the remaining open space and maintenance questions. Clair Rood, the applicant and developer, presented the project and explained that the phased plan proposed is a result of the financial limits that they face because of the road (Booshway) installation requirements. The applicant would like to pursue some form of front foot fee for the cost of the Booshway extension. Koehler presented the evaluation and approval criteria for the project with the commission and highlighted specific items that the commission should consider as outlined in the staff report, specifically the ownership and maintenance responsibility of the open space. Commissioner Young asked staff if there is any record of a written legal document in the City s files that says it is okay to divert sewer and water connection fees for other purposes. Young explained that Idaho State Law is very particular about using fees that are collected for one thing to be applied to another. Koehler explained that staff is not aware of a current legal document outlining that specific determination but it can be confirmed with City Council when they review the project. Commissioner Young opened the public hearing at 7:03PM Shawn Hill (Valley Advocates for Responsible Development) P&Z Meeting Minutes- March 14, 2018 Page 2 of 6

3 Hill explained that he did submit a comment letter where these same two items of concern have been addressed but would like to touch on them again. Hill is concerned that there is still no functioning HOA. Hill believed that there has been some effort made by the developer to reach out to existing residents to allow the HOA to be functional but that making sure this item is addressed is very important, especially as it applies to open space which the HOA will be responsible for maintaining. Hill is also concerned that Ph IV-B is proposed to have its own CC&R s, something that he just became aware of at this meeting. He believes that CC&R s should be consistent across the entire master plan area to avoid additional administrative burden in the future. Hill appreciates the City s effort in the past to work with the developer to address funding for PH IV park improvements. Hill believes that now that a new plat amendment is proposed, with a new associated development agreement, the City has another opportunity to determine who is going to pay for this park because currently as proposed, it will be the tax payers of the City of Driggs. Hill believes that there is new economic opportunity for the City to request that the park is wholly or at least partly funded by the developer. Hill requests that staff consider this issue further, specifically with City legal counsel, to see if those negotiations could be reopened. Nancy Gail Peterson Shoshoni Plains lot owner Peterson requested clarification on where 1000N is located and wanted to confirm that there were no changes to the pathway/bike path for which there are already easements granted. Peterson explained that there had been a meeting organized by Rood in the summer of 2017 for property owners in Shoshoni Plains to discuss an HOA but there has been no election of an HOA board to date that she is aware of. Peterson is concerned about the further expansion before outstanding concerns, such as the establishment of an HOA, are addressed. Larry Young closed the Public Hearing at 7:10PM The applicant, Clair Rood, spoke in response to the public comments as invited by Commissioner Young. Rood explained that HOAs do tend to struggle and that they function best when owners want the HOA, not when municipalities or developers are forcing them upon them. There was a meeting in the summer of 2017 where all owners were invited and about owners attended that meeting. Rood explained that there were about 35% of owners in attendance who were in favor of an HOA. Rood explained to the property owners that when they were ready to move forward with an HOA and had the interest, to contact him and all authorization necessary will be given. Rood estimated that about $ $ a year would be the anticipated HOA annual costs for open space maintenance and some associated legal fees for establishing the HOA were likely to be expected. Rood explained that the most contentious issue was the concern from property owners who did not want an HOA and associated fees, and felt that they were being forced into doing so. Rood explained that these CC&R s are almost identical to those from other subdivisions in the development with a few updates for typos and building materials. The commission then had questions for the applicant and staff. Commissioner Wilson requested confirmation on the two lots that were to be converted to park land. Rood explained that the previous code required a certain percentage of open space for developments while the new code only requires improved park areas. Commissioner Wilson requested additional information on how the CC&R s address the creation of an HOA. Koehler explained that CC&R s are private documents that are privately enforced so staff cannot say for certain. Commissioner Young requested any final comments from the applicant before P&Z deliberation. Rood explained that they are eager to move the project onto City Council in order to meet bid deadlines before the coming building season and are ready to meet any required conditions. P&Z Meeting Minutes- March 14, 2018 Page 3 of 6

4 The commission then began their deliberation. Commissioner Gibson had questions about open space maintenance and staff explained that the Development Agreement language can be modified according to what the commission determines. Commissioner Gibson expressed that his preference would be to see open space maintenance turned over to the City as soon as is reasonable. The commission discussed the questions regarding HOA creation and enforcement of CC&R s. Commissioner Wilson expressed understanding that some property owners might not want an active HOA with associated fees but would like to see consistent CC&R s throughout the entire development. Commissioner Young reminded the commission that municipalities do not have the legal standing to require or enforce CC&R s or HOA requirements. Commissioner Wilson expressed his standing that the park negotiations from the past are done and there is not much we can go back and handle at this point. Commission Holmes agreed that park and open space maintenance should be clearly assigned to a specific entity. Commissioner Young had specific concerns about the developer s responsibility to establish an HOA. With experience watching the development of many subdivisions, he can only recall a small handful where the developer was not actively involved in setting up the HOA. However, this is not something that the City can require. Commissioner Young also expressed concern that this application is still incomplete as the staff report outlines many items that are still needed. Staff addressed the commission s questions regarding cost estimates and financial guarantee for improvements. Koehler confirmed that the financial guarantee requirement, as per the Land Development Code, is 125%. Jay Mazalewski addressed the engineering cost estimate concerns that he commented on during his review. Mazalewksi determined that certain items were listed lower in the estimate than the City has seen in similar bids in recent years by a factor of 2-3%, 3-4% and 1.25%. Commissioner Young would support a motion to continue this hearing at this time until specific items are addressed including a cost estimate deemed realistic by the City Engineer (Public Works Director), a determination on the legality of diverting connection fees for other purposes, and the identified incomplete sections of the application as outlined in the staff report. Commissioner Young explained that P&Z s job is to send projects to City Council that are complete and ready and this project is not there. Commissioner Wilson expressed similar concerns and would be inclined to see the public hearing continued. Commissioner Gibson addressed the applicant and asked if this updated material could be prepared in one month. Clair Rood expressed concern that additional meetings will push the project back further. Commissioner Young explained that it is the applicant s responsibility to know the meeting schedule and to be ready for those meetings. Commissioner Wilson motioned to continue the public hearing to the next scheduled Planning & Zoning Commission meeting on April 11, 2018 and request that the following items are addressed: 1. The Improvement Plans shall be updated to address corrections and comments from service providers and city departments. 2. The Development Agreement shall be updated with comments in Staff s letter and adequately address the open space maintenance and responsibility. 3. The Master Plan shall be updated to reference the change in number of lots. 4. The Preliminary Plat shall be updated to include the comments identified by Staff for the Final Plat in Staff s comment letter and also in this Staff Report. 5. The applicability of the proposed CC&Rs to the other plats in Shoshoni Plains shall be clarified. Commissioner Gibson requested an amendment that a #6 be added to direct staff to clarify, through the Development Agreement and plat notes, that the open space be dedicated to and maintained by the HOA P&Z Meeting Minutes- March 14, 2018 Page 4 of 6

5 once the adjacent lots are sold. If no HOA is established or active, then the open space shall be dedicated to and maintained by the City, once the adjacent lots are sold. Commissioner Holmes 2 nd the motion, with the amendment as proposed by Commissioner Gibson. All in favor. 4. Public Hearing/Possible Recommendation: De-Annexation of vacant lot approximately 60 acres located east of south 5 th Street and Rezone to R-1 and ADR-2.5 in the Driggs Area of Impact. Applicant Gabe Rogel Koehler presented an overview of the project. Commissioner Holmes recused himself from the discussion as he is employed by Teton Regional Land Trust which holds a conservation easement on this property and thus holds a vested interest. Koehler explained that the applicant was not available for questions at the meeting. Koehler then presented a summary of the project as outlined in the staff report including a history of the lot orientation, past proposed applications, and the de-annexation process as outlined by State Statute and the Land Development Code. Staff also provided an analysis of the Comprehensive Plan and FLUM as it applies to this project. Koehler reviewed the public benefit analysis and highlighted that the biggest implications as far as development if the parcel was de-annexed would be the loss of riparian buffer standards that apply in the City zoning which the Area of Impact zoning does not contain. Koehler reminded the commission that their role is to hold a hearing and consider the re-zone component of this de-annexation. P&Z can comment on the de-annexation of the parcel as well, although ultimately the de-annexation decision is up to City Council. Commissioner Young opened the Public Hearing at 8:00pm No public comment Commissioner Young closed the Public Hearing at 8:01pm The Commission began their deliberation and Commissioner Young stated that upon reviewing the material, the project appears to be a wash. If the applicant is requesting that his parcel be de-annexed, Commissioner Young would support a motion to approve the recommendation to City Council. Commissioner Wilson has read the owner s letter and sees no benefits to the City either way, although he does not understand what the owner will get out of the de-annexation either. Commissioner Gibson also does not see any benefit to the owner either way as well. Commissioner Gibson had questions about the potential full-density build out of the proposed R-1 piece and staff explained as per density, up to 4 units could be allowed, although the parcel would have to go through the subdivision process as outlined in the Area of Impact zoning. Commissioner Gibson was concerned about the future implications of that many units digging their own individual well and septic systems and would like to see the City maintain the control to install water and sewer mains to access that potential build-out. Commissioner Gibson would rather see the whole project area stay in the City instead of letting that happen. Koehler explained that in the Area of Impact the old City zoning and old City subdivision design standards would apply. Staff also explained that utility connections on this lot have been a challenge in the past. Jay Mazalewski confirmed that water and sewer would be difficult to get to the east side of the creek (which is under conservation easement), but on the smaller portion with a potential higher density, City Council very well may determine that that parcel should be serviced by City water and sewer. The commission expressed a need for additional information from the applicant before a decision or recommendation could be made. P&Z Meeting Minutes- March 14, 2018 Page 5 of 6

6 Commissioner Gibson motioned to table the rezone and de-annexation request until additional information is provided that demonstrates whether or not there is a compelling reason to de-annex this parcel. Commissioner Young 2 nd. Motion passed with all in favor. Commissioner Young motioned to adjourn. Commissioner Wilson 2 nd. All in favor. Meeting adjourned at 8:20pm. P&Z Meeting Minutes- March 14, 2018 Page 6 of 6