HomeMy WebLinkAbout19-00169 REASON FOR DECISION - N. Hill Rd & Barney Dairy AnnexationReason for Decision
City of Rexburg
35 North 10 East Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
CITY OF
REXBURG
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America's Family Communi(
Annexation
- #17 00623
Location 1: N. Hill Rd. to 790 Barney Dairy Rd. & Location 2: 829 S. 5`h W.
1. April 2, 2019, An application was received for annexation by J. Bruce Parker. Earlier in the
week, staff met with the Parkers on two separate occasions.
2. April 8, 2019, a letter communicating a pending annexation was sent to all location 1
property owners.
3. April 10 2019, an application was submitted by the City of Rexburg requesting annexation of
an island at N. Hill Rd. into city limits, as well as, deeded land by the Steiners at 829 S. 5' W.
for a city park.
4. April 15, 2019, Notice was sent to the newspaper to be published on April 19, 2019, and
May 10, 2019.
5. April 17, 2019, an official notice of the hearing and public hearing instructions were mailed
to all adjacent property owners within 300' of the annexation parcels.
6. May 9, 2019, Notice was posted on the property at the corner of N. Hill Rd. and Barney
Dairy Rd. Notice was also posted in front of 829 S. 5`h W.
7. May 15, 2019, the Staff Review Summary and Staff Report were completed and sent to the
Commissioners.
8. May 16, 2019, Stephen Zollinger presented the application for annexation.
1. U 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 5" W in Rural Residential 1 (RR1). (action)
The property at 829 S 5' W has recently been acquired by the city for a park.
Chairman Rory Kunz explained the procedures for the hearing: the public heating 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
i
you have been called on to speak, you need to state your name and address, then give your
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 there parcels on N. Hill Rd. creating this
island of county properties within city boundaries. This action will clario city boundaries in this area. This
area mill also be rezoned to match adjacent city Zoning."
These sentences should be included with location 1 for clarification.
Location 1
Location 2
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. 5' 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 the
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
piggybacked on this Location 1, N. Hill Rd. annexation. He stated the Steiner property 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 bave 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 them 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 toad, 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
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.
UChairman 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 5'h 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 know 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 private 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 51h 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 water,
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
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. 5' W. has recently been identified. There is a
displacement on S. 5' 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 porch. 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 LDRI, 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 LDRI 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.
IJ 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. 5`h W. and rezone it
as a Public Facility. Action: Adjourn, Moved by Kristi Anderson, Keith Esplin
seconded.
18 VOTE: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: David Pulsipher, Greg Blacker, Keith Esplin, Kristi Anderson, Melanie
Davenport, Rory Kunz, Steve Oakey, Todd Marx, Vince Haley.
June 5, 2019 City Council Meeting
Public Hearing 6:50 P.M.:
Ordinance No 1213 Annexation of 2 Locations: Location 1- N Hill Rd Enclave with zone
change from Rural Residential 1 (RR1) to Low Density Residential 1(LDR1); Location 2:
829 S 5`1 W (Steiner Property) zoned Rural Residential 1(RR1) with no zone change #19-
00169 — Stephen Zollinger
City Attorney Zollinger explained the location on North Hill Road is an enclave that has existed
for a long time and with the annexation of the Barney Dairy property and the purchase of the
property on the north side of Barney Dairy Road by the city. North Hill Road has become
completely encapsulated by the city all of the parcels are currently be used as single family residential
units. The City's policy is to annex enclave properties once they become completely encapsulated.
There have been a couple of exceptions where the city made commitments in advance to the
encapsulated properties to not incorporate them into the city; however, baring the exception, the
policy has been to bring the properties into the city as soon as they become eligible to be part of the
city.
Council Member Flora asked for clarification regarding the zoning for the N. Hill Road
Properties. City Attorney Zollinger explained city staff requested the zone be changed to Low
Density Residential One; however, the Planning and Zoning Commission unanimously
recommended annexation and after considering the testimonies made by the property owners on N.
Hill Road, they decided to leave the zone as Rural Residential One. He said by leaving the zone as
RR1 it would allow the property owners with small livestock to continue having the livestock on
their property.
City Attorney Zollinger explained some of the properties are currently on city services and the
properties that are not on city services will not be required to connect to city services until such time
as their current septic system fails and given to the proximity to the city services that would be
required of them. The properties that have private wells will not be required to connect to city water.
The city doesn't regulate the use of private wells; however, connectivity to both a well and city water
is not allowed. There were questions regarding taxes, there is an increase in the amount of taxes
collected by being inside the city limits. The increased amount in taxes would be to pay for other city
services such as emergency services.
Mayor Merrill opened the Public Hearing.
Public Testimony in favor of the proposal (5 -minute limit): NONE
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Public Testimony neutral to the proposal (5 -minute limit): NONE
Public Testimony opposed to the proposal (5 -minute limit): NONE
Mayor Merrill closed the Public Hearing.
City Attorney Zollinger said city staff requested the Low Density Residential 1 Zone because the
zone was consistent with the neighborhood to the west. City Attorney Zollinger asked the property
owners attending the meeting if anyone of them were oppose to leaving the zone as Rural
Residential One.
Gary Oberhansley asked about the additional cost in property taxes he will have to pay after his
property is annexed into the city. City Attorney Zollinger replied there will be an increase of about
24% in taxes.
Mr. Oberhansley asked about the costs to connect to city sewer. City Attorney Zollinger indicated
in order for the properties annexed to be connected to city sewer a city project would be necessary.
The property owner would not have to pay for the project costs; however, they would need to pay
to connect to the sewer line. There would be a front foot fee and depending on how wide the
property lots are that would determine the cost.
Council Member Flora moved to approve Ordinance No. 1213 the Annexation of two Locations:
Location 1- N Hill Rd Enclave with the Planning and Zoning recommendation of keeping the
zone Rural Residential 1 (RR1); Location 2 - 829 S 5th W (Steiner Property) zoned Rural
Residential 1 (RR1) with no zone change and consider fust read; Council Member Wolfe seconded
the motion; Mayor Merrill asked for a vote:
Thosevoting aye Those voting nay
Council Member Flora None
Council Member Mann
Council Member Busby
Council Member Wolfe
Council Member Walker
Council President Smith
The motion carried
July 3, 2019 City Council Meeting
Ordinance No. 1213 Annexation of 2 Locations: Location 1— N Hill Road Enclave
zoned Rural Residential 1 (RR1); Location 2: 829 S 5°i W (Steiner Property) zoned
Rural Residential 1 (11111) #19-00169 — Stephen Zollinger
Council Member Walker moved to approve Ordinance No. 1213 the Annexation of two
Locations: Location 1 - N Hill Rd Enclave with the Planning and Zoning recommendation
of keeping the zone Rural Residential 1 (RR1); Location 2 - 829 S 5th W (Steiner Property)
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zoned Rural Residential 1 (RR1) with no zone change and consider third read; Council
Member Wolfe seconded the motion; Mayor Merrill asked for a vote:
Thosevoting aye Those voting nay
Council Member Flora None
Council Member Mann
Council Member Busby
Council Member Wolfe
Council Member Walker
Council President Smith
The motion carried
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