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HomeMy WebLinkAbout05.16.19 P&Z Minutes_exppdf 1 City Staff and Others: Scott Johnson – Economic Development Stephen Zollinger – City Attorney Natalie Powell – Compliance Officer Tawnya Grover – P&Z Administrative Assistant Chairman Rory Kunz opened the meeting at 6:32p.m. Roll Call of Planning and Zoning Commissioners: Present: Melanie Davenport, Greg Blacker, Steve Oakey, Rory Kunz, Kristi Anderson, Keith Esplin, Vince Haley, Todd Marx, David Pulsipher. Absent: Bruce Sutherland, John Bowen. Minutes: From Planning and Zoning meeting – April 18th, 2019 Rory noticed a change at the beginning of the minutes that states he opened the meeti ng, but he came later. Bruce Sutherland opened the meeting. MOTION. Motion to approve the minutes with the change of the opening Chairman to Bruce Sutherland and accept the minutes as recorded. Action: Approve, Moved by Steve Oakey, Seconded by Todd Marx. VOTE. Motion passed (summary: Yes = 6, No = 0, Abstain = 3). Yes: Greg Blacker, Melanie Davenport, Rory Kunz, Steve Oakey, Todd Marx, Vince Haley. Abstain: David Pulsipher, Keith Esplin, Kristi Anderson. Chairman Rory Kunz welcomed David Pulsipher as a new Commissioner to the board. He was ratified the previous evening at City Council. He looks forward to working with David and having his insight in the Planning & Zoning Commission meetings. Public Hearings: 1. 6:35PM (#19-00169) – Annex properties in two (2) locations in the Impact Area: Location 1: 120 N. Hill Rd. to 790 Barney Dairy Rd in Rural Residential 1 (RR1) to be rezoned to Low Density Residential 1 (LDR1). Recently, the Barneys annexed their property to the north of these parcels on N. Hill Rd. creating this island of county properties within city boundaries. This action will clarify city boundaries in this area. This area will also be rezoned to match adjacent city zoning. Location 2: Approx. 829 S 5th W in Rural Residential 1 (RR1). (action) The property at 829 S 5th W has recently been acquired by the city for a park. Chairman Rory Kunz explained the procedures for the hearing: the public hearing item will be presented by the applicant. We will hear a staff report. Then, the hearing will be opened for public input. Those who are for, neutral, and opposed will be heard in this order. Once you have been called on to speak, you need to state your name and address, then give your 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Planning & Zoning Minutes May 16, 2019 2 Location 1 testimony. If you have not already signed the sheet, but you would like to speak, you can do so after signing the sheet. If you agree with what someone has said, please keep it brief and just agree with what the person has said and add any additional comments. The applicant will then have the opportunity for rebuttal. Then, the Planning & Zoning Commission will have the opportunity to deliberate and discuss the items that have been in question. Please note a comment about the two locations on the agenda has caused some confusion. “Recently, the Barneys annexed their property to the north of these parcels on N. Hill Rd. creating this island of county properties within city boundaries. This action will clarify city boundaries in this area. This area will also be rezoned to match adjacent city zoning.” These sentences should be included with location 1 for clarification. The city is the applicant for this hearing. Stephen Zollinger is representing the city. The publication is correct, but the agenda is where the confusion is. The property of Location 2 was shown on the map. This land on S. 5th W. was recently donated by the Steiner family to the city for a city park. Location 1 is an island that was created due to recent annexations in this area on N. Hill Rd. and Barney Dairy Rd. The city’s practice is when islands are created due to annexations, the city strives to bring those islands into city limits and close them up, so they do not cause confusion for public safety services and infrastructure services. Location 1 consists of thirteen parcels. A new home is being constructed on one of these lots and two property owners consented to annexation previously as they are tied in to city services. The remainder knew annexation was inevitable, but were not aware when it would happen. After discussions with city staff and elected officials, it was determined that due to the growth in this area, the city determined now was the time to close this gap. An area to the west of th e parcels were identified as those receiving city water and sewer services. At the time the homes on N. Hill Rd. were not constructed. City-owned properties in this area were identified including the park on the north and west of the Barneys’ property. Chairman Rory Kunz asked the Commissioners if they have any clarification questions for the applicant. Steve Oakey asked about the Steiner property because it seemed to be Location 2 3 piggybacked on this Location 1, N. Hill Rd. annexation. He stated the Steiner prop erty is not on the city application. Stephen Zollinger does not understand why the Commissioners have the applications. The applications are for internal use only; they should not be distributed to the panel. The publication includes the address for the Steiner property. The Steiner property was donated outright when Mr. Steiner passed away. Mrs. Steiner was interested in donating the property for a future park. Steve Oakey stated on the N. Hill Rd. application, the Parkers talked about tying into city services. “The City Planner said we could have our own well.” Is it common practice to allow property owners to connect to city sewer, but have their own well? Stephen Zollinger answered, the city does not have control over this. We don’t allow th em to be connected to a well and city water with an integrated system; the property owner has to separate the two systems completely if the property owner chooses to have both. Kristi Anderson asked if the existing homes are required to tap into the sewer line? Stephen answered, there is no requirement. District 7 Health regulates the issuance of septic permits. None of these homes would be eligible for a new septic permit because of proximity to city sewer hook- ups. When the property owners’ septic systems fail, the property owners will need to tie into the city sewer system. To buy city water and the operation of private wells are very close in price. Steve Oakey clarified each individual home could tap into the city sewer and not affect their neighbor’s operation. Stephen said, several of the properties are in a position to access directly in to the city sewer line right now if needed. An extension of the city sewer line would occur as needed. As properties change hands, or the septic systems fail, it is determined individual or multiple homes will continue to attach to the city sewer. This is not unlike the Widdison subdivision. When the line was placed down their road, they were given the option to hook in at that time, and several of them have tied in since then. Vince Haley identified Location 2 and a property owned by Mr. Lawrence. Annexing the Steiner property creates an island. This is why Stephen was careful in his wording of city policy. Pre-existing commitments by the city were not to annex Wes Lawrence’s property until such time he wanted to be annexed or the ownership changed. The city could obtain the land, but the city has given assurances to Mr. Lawrence that the city would not pursue his land. Over the course of the last 30 years, people did not want to be annexed and previous councils and elected officials have made promises to certain landowners. The city continues to honor these agreements. The only islands in existence currently are those over by the Steiner property. Stephen identified a potential building permit for a residential home. The conditions will be placed by District 7 Health regarding hook-up to city sewer. This action will require annexation. Vince Haley asked if there were commitments given to the residents in the Barney Dairy area. No such commitments were given to the Barney Dairy area and no such commitments will be given in the future. The law was modified probably 15-20 years ago to make it so that annexations causing islands are frowned upon. Steve Oakey determined that these are two separate actions combined into one, possibly there should be two separate actions. He doesn’t recall seeing public hearings with this sort of interest that are combined into a single public hearing. Stephen answered, publishing more than one public hearing is common practice or clustering hearings together. The practice reduces publication costs when more than one parcel of land are included on a single hearing. The city is incurring the publication costs for this hearing. Would you hold a 4 private contractor to the same standard? The contractor would pay once if he has several parcels. Steve Oakey hopes those present can differentiate the two properties. Chairman Rory Kunz opened the public input portion of the hearing at 6:52PM. Favor: Ted Whyte – 369 Eagle Court - He owns the property adjacent to the south of the Steiner property at 863 S 5th W. His property is annexed already. The roads need to continue to be widened in this area. By annexing these properties, this change will provide continuity. He was on Planning & Zoning for eight years and appreciates the city honoring the agreements made with the Lawrences. He feels the annexation of this area are advantageous and he would like to see infrastructure continue to serve this area. Neutral: Kevin Kimball – 796 Barney Dairy Rd. – He is on the north side of the area at N. Hill Rd. He is already connected to the city sewer. It would be helpful to kn ow what the effects of annexation to property owners. Property taxes? New driveway needed? Pay for new curbs? He would like more information for those who will be annexed. He feels underprepared in knowing if he should be for or against. Do the priva te property owners have to go track this information down? Doyle Barney – 759 Barney Dairy Rd – He is the culprit who has brought this annexation situation. His concern is that the city is asking the homeowners to be annexed. Perhaps , provide the differences between the city and county ordinances. There are probably some things that you will not be able to do in the city that you were able to do in the county. Please make every effort to clear up confusions the residents affected may have. Fred Woolley – 258 N. Hill Rd. – He is the only property that is under consideration that uses the land for agriculture. He is boarding a horse there now. What implications will this have on his property? Can he raise 50-60 chickens at once? He is neutral because he doesn’t know how this change will affect him. He would sway against if it would change his uses. He too is hooked up to city sewer and he pays a rate of 150%. He will see a reduction in his sewer costs to the city rate of 100%. He appreciates he doesn’t have to hook up to city water. He wants to know more. Weston Lawrence – 795 S 5th W – He has a couple of reasons for resisting annexation. He currently has an excellent water and sewer system. He has quite a bit of frontage on his property, 261 feet, and an LID would be very expensive. He has resided on the property since 1951. Mesa Falls is a mess; the traffic is atrocious. He has no objections to the Steiner property as long as the changes don’t affect him. Opposed: Jacob Kuta – 188 N. Hill Rd. – He seconds the gentleman in the neutral argument who talked about agriculture uses. He likes to raise chickens. Right now, his property is in a rural zone. When he is annexed the land will change to LDR1, which will limit the number of animals he can have. He has his own water and sewer. He doesn’t see any benefits to him when his land is annexed. If he were to change to city garbage, he would save a dollar. He does not appreciate the fact that if his well fails, he would have to hook up to city w ater, taking away his freedom to fix his own well. Written Input: None Rebuttal: Stephen Zollinger cannot give a specific answer to taxes, but to say they do go up slightly as properties move in to the city. Garbage collection moves to the city responsibility, which balances the offset. For those already receiving city sewer services, they 5 will receive a discount of 1:1 instead of the current 1:1.5. He believes the police can respond more promptly because there are more deputies that service the smaller city area. Fire services remain unchanged. No LIDs are planned for N. Hill Rd. at this time. The improvements that are being designed involve Barney Dairy Rd. The gentleman who spoke last would be allowed to redrill his well if he chose. It may not be cost-effective, but the city does not regulate privately-owned wells. There is a restriction if they also want to interface with the city system. The residents will not lose any of their current uses. If they were to increase their uses, other than to add household pets, this would be limited in the city limits. This is an enforcement issue; the city does not go out looking for chickens, they respond to complaints from neighbors. Driveways do not change. The Parkers are aware there will be traffic changes to Barney Dairy Rd. Those landowners who front Barney Dairy may in the next couple of years, see a road widening, dependent on the progress of the East Highway Corridor. Greg Blacker referenced Mr. Lawrence’s property. Are there any LIDs planned for his property in the near future? The road in front of Mr. Lawrence’s house was widened last year. The road alignment needed on S. 5th W. has recently been identified. There is a displacement on S. 5th W. Some of the homes on the West side of the road owned five feet of the property on the East side of the road. A spite strip could have prevented these homes from accessing the county right of way. In order to shift the road to where it needed to be, the boundary line shifts to Mr. Lawrence’s front po rch. Once the Lawrence property changes hands and chooses which way to developer not, this may drive a shift there. Kristi Anderson asked if a rezone was happening today. The Commission is making a recommendation to City Council to annex and rezone. Because of the size of the lots on N. Hill Rd., the zoning proposed was LDR1, but after listening to the comments today, Staff probably wouldn’t be opposed to LDR2 if requested to provide more flexibility in uses. Kristi Anderson asked if Transitional Agriculture is an option. The property could be annexed as Rural Residential 1. The Commission could recommend annexation and no zone change. Melanie Davenport identified the predominant use right now is low-density residential. The lots are residential, but have additional acreage that have really nice garden plots or chicken coops or horse pastures. Chairman Rory Kunz closed the public input portion of the hearing at 7:12PM. Staff recommends the Steiner property be annexed, but will be rezoned at a future meeting with other Public Facility properties, not included in the previous hearing. Melanie Davenport clarified the change from RR1 to LDR1 would not cause a legal shift in what the residents would be allowed to do. What they are doing right now may be grandfathered. Staff would not be opposed to leaving the zoning as RR1. Vince Haley asked if we the property stay as RR1; the properties could be rezoned individually if requested. There is a grade change on the rear of some of the properties. LDR2 is also across the street and this zoning designation is an option. Kristi Anderson says she is for the annexation, but believes the zoning designation should stay as RR1 to allow residents to continue as they are. MOTION: Recommend to City Council to approve the annexation of 120 N. Hill Rd. to 790 Barney Dairy Rd and leave the zoning of the property RR1 and also recommend to City Council to approve the annexation of 829 S. 5th W. and rezone it as a Public Facility. Action: Adjourn, Moved by Kristi Anderson, Keith Esplin seconded. 6 VOTE: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: David Pulsipher, Greg Blacker, Keith Esplin, Krist i Anderson, Melanie Davenport, Rory Kunz, Steve Oakey, Todd Marx, Vince Haley. Melanie Davenport would like to know more about Mr. Pulsipher. He was asked to stay after the meeting to talk to the group. Heads Up: Hearings: June 6th: (19-00278) – Rezone Urban Renewal and city-owned properties Adjournment: Commissioner Rory Kunz adjourned the meeting at 7:16 PM.