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HomeMy WebLinkAboutCC MEETING MINUTES - Barney - 407 & 410 W 1st N - Rezone from LDR1 to LDR2CITY COUNCIL MINUTES CITY OF REXBURG STATE OF IDAHO ) County of Madison ) SS. - City of Rexburg ) Present were the following: Mayor: Council Members: P&Z Administrator City Clerk: PFC: City Attorney: Pledge to the Flag May 21, 2003 7:30 P.M. Mayor Bruce Sutherland Glen Pond - Excused Shawn Larsen Marsha Bjornn Paul Pugmire Donna Benfield Nyle Fullmer - Excused Kurt Hibbert Blair D. Kay John Millar Stephen Zollinger Mayor Sutherland welcomed the Scouts to the meeting. Consent Calendar: The consent calendar includes items which require formal City Council action, however they are typically routine or not of great controversy. Individual Council members may ask that any specific item be removed from the Consent calendar for discussion in greater detail. Explanatory information is included in the City Council's agenda pa cke t regarding these items. a. Minutes from the May 07, 2003 meeting b. Approve City of Rexburg bills Donna Benfield moved to approve the minutes with minor changes; Marsha Bjornn seconded the motion; all voted aye, none opposed. The motion carried. Non Controversial Items Added to the Agenda: None Public Hearing: 7:35 p.m. Rezone properties from (MDR & HBD) to HDR— 4" East & Barney Dairy Rd —Tom O'Toole John Millar — Reviewed the property on the overhead screen. The property is located south of the Teton River, north of the Rexburg Canal, west of the Barney Dairy property, and east of the existing development where the District 7 Health property is located. Currently the property is zoned Medium Density Residential (MDR) with a portion of the nrnll(-.rty 7c)nf-,d uiabi mu, R11C1nPQC lNotrirt (T-TRT>l 'M;� --+ - +„ 41... 'Iarsha Bjornn — Thanked the developer for donating property to the green belt for the City_ 7:50 p.m. Rezone request from LDR1 to MDR2 at 405 West 1St North — Martha Covington Rezone request from LDR1 to MDR2 at 407 West 1St North — Dell Ray Barney Rezone request from LDR1 to MDR2 at 410 West Ft North - Barney Auto Repair - Dell Ray Barney )hn Millar — Reviewed the proposal to re -zone three properties on the overhead screen. Public Hearing was opened. D. J. Barney — 440 West 1St North — The properties have never been used as LDR1. The current use is non -conforming to the LDR1 Zone. They asked for HDR Zoning from the Planning and Zoning Commission; however, they indicated to the Planning and Zoning Commission that they would accept MDR2 Zoning. They plan to sell the property and move the non -conforming use business to the correct zone on Airport Road. Pat and Graydon Burton — 416 West Main Street — Recommended approving the MDR2 Zone request. Their property is in the same block on the south side against Main Street. Shawn Larsen — Reviewed the zones of adjoining properties. Public Testimony was closed. Stephen Zollinger — Reviewed the proposed changes to MDR2 Zone that the Council approved in the previous hearing. The building size will be changed from a six unit building to a 24 unit building in the MDR2 Zone. Instead of 6 four plexes, a 24 unit building would be allowed. The proposed buildings could go to three stories with a 30 foot height restriction to eave line. Discussion on the density that was built on adjacent properties next to this request. Greg Luce's development is HDR built to MDR2 density. Other developments adjacent to this property was reviewed. Discussion on the Burton's property and the need to re -zone their property. Shawn indicated that MDR2 would be a good zone for the Burton's property. The Burtons plan to sell as multi -family if it is rezoned. Shawn Larsen moved to re -zone 405, 407, 410 and 414 West 1St North to MDR2; Paul Pugmire seconded the motion; Discussion on re -zoning the Burton's property to MDR2 in the next re -zone hearing. All voted aye, none opposed. The motion carried. New Business: Street Lighting for Stonebridge Subdivision — East 7th North - Jerry Hastings Jerry Hastings — 611 Summerwood Drive - Reviewed the proposal for City of Rexburg street lights in the Stonebridge Subdivision. The proposed lighting is not approved lighting for Utah Power in the State of Idaho. They plan to install one meter for the entire lighting 5 DATE: (051999) State of Idaho) County of Madison(ss City of Rexburg) Present were: Mayor: Councilmembers: City Clerk: Finance Officer: Attorney: P.F.C.: Pledge to the flag. City Council 5/19/99 7:00 A.M. Bruce Sutherland Kay Beck Glen Pond Paul Pugmire Farrell Young Marsha Bjornn Nyle Fullmer Rose Bagley Richard Horner Stephen Zollinger John Millar A motion was made by Farrell Young and seconded by Marsha Bjornn to approve the minutes, All Aye RE: OUTDOOR DANCES -HELD IN NORTH HIGHWAY AREA TOPIC: (22,134,,, NORTH HIGHWAY,DANCES,PUBLIC GATHERING) Nate Lauch was at the meeting to request approval of an outdoor dance. They are requesting to be able to hold the dance until 12:00 Midnight instead of 10:00 P. M. They want to have a block party in the paricing lot at Little Caesars and Beehive Book. They have it approved with Little Caesars and Beehive Book. They have some local bands that are going to play and it will support the local businesses. He had gone around and got a petition signed by the closest neighbors within 1 1/2 blocks saying it was okay for the time extension. There will be no charge, it is sponsored by local businesses. Marsha questioned where would the people park? He said there would be parking at Electrical Wholesale and at Chevron. Discussion on parking and it was suggested that he contact E.C.I.P.D.A. and Jeff Webb owner of the property by McDonalds about parking. Nate said they would have security. The dance would be held on May 28. A motion was made by Nyle Fullmer and seconded by Glen Pond to approve a variance to allow the dance to last until 12:00 midnight. All Aye RE: TETON PIPELINE WATER RIGHTS TOPIC: (22,134,,,TETON PIPELINE,WATER RIGHTS) Teton Pipe Lines- Jack Hoopes and Glen Nelson represented the group of farmers. The farmers in the Teton Pipe Lines are Glen Nelson, Jack Hoopes, Brent and Roger Hoopes, Demar Bott, Mark Ricks, and Chuck and Linda Porter. Mr Nelson handed out a statement from the group (on file). Their ground was developed in 1975 and 1976 and had planned on getting water rights out of the Teton Dam. They had their systems and had invested a lot of money in the system with 15 miles of main line. The dam failed one month after they had put in their systems so they were left without water rights. They spent a couple of years pursuing water rights. In 1976 they did rent water from the City of Rexburg. They have paid now for 20 years to rent this water_ and have already paid $3500 for this year. The water is very imnnrt-ai- +-:„ �,-__ +. - - Close Hearing. The mayor turned it over to the council. A motion was made by Glen Pond and seconded by Nyle Fullmer to approve Resolution 99.5 with the amended language. All Aye RE: READING OF ORDINANCE 816 CONCERNING DOGS IN THE PARKS TOPIC: (22,136,,, ORDINANCE,PARK,DOGS) 2nd Reading of Ordinance 816. John Millar showed the council a sample of the Mutt Mitts to clean up after dogs in the park. The dispenser will cost $57 and each mitt will cost about 3 cents. RE: TRANSFER OF BURGER KING/QUICK STOP BEER LICENSE TOPIC: (22,136... BEER LICENSE,SOUTH HIGHWAY) Mayor Sutherland read an application to transfer the Beer License of Burger King/Quick Stop to the new owners BDSG G & G OF EASTERN IDAHO, LC, applicant David M. Williams. This will have to be contingent of receipt of a license from the state and county. A motion was made by Kay Beck and seconded by Nyle Fullmer to approve the transfer of the Beer Licence. All Aye RE: DELL RAY BARNEY GRANDFATHER CLAUSE TOPIC:(22,136,,,BARNEY*D.J.,GRANDFATHER CLAUSE,IST NORTH) Dell Ray Barney issue- He has purchased the Covington property. It has some old buildings on the property and he wants to tear them down but he does not want to loose the Grandfather Clause. The way the ordinance reads once we tear the buildings down, we have one year to start the construction on. the buildings or loose the Grandfather Clause. They want to clean up the property and tear the buildings down and be able to rebuild the buildings when he can afford to build a new structure which will not be in a years time. He is talking about the three smaller buildings. He is Grandfathered for everything that Jack Covington had there and they might want to put an office in. He would like to do it within the next 20 years. Stephen told the council in order to maintain the Grandfather Clause he would have to rebuild the buildings within one year unless he has an agreement with the city for a longer time. In exchange for them removing the unsightly buildings for the city to give them a waver of that year for some time specific that would allow them to go back in and rebuild. It would be a contractual agreement between the city and Mr Barney allowing them to remove unsightly buildings now without requiring them to replace them immediately or within that one'year period. Tracking that would be difficult. Kay did not feel we should leave it open ended. Paul Pugmire told the council this was discussed in some detail by the Planning & Zoning. The original request was to wave the Grandfather Clause with no time certainty but he agreed that we should not leave it open ended. He would suggest that we do it with a 5 year renewal period. What we would be doing is going against our own Zoning Ordinance. Mr Barney stated he had nothing against that but would want to be assured he could come back in 5 years and get it renewed. Stephen stated that another concern is one of the regulations of Planning & Zoning is to allow those around the immediate property to have a reasonable understanding of what to expect if property is purchased and built on in that particular zone. Once these structures are removed you have taken away the patent as an obvious indicator that they are in an area that has this much manufacturing going on next door to them. If 10 years from now he puts up a manufacturing structure and neighbors in the mean time have encroached around him or built up around him in such a residential fashion that it comes as a complete surprise then we will have gone against our own Zoning Code and set up -- a situation where you will have a lot of residents that have a legitimate complaint. It would set an interesting precedent and the longer you let it get away from the source the less likely the neighbors will be aware of why the structure was allowed to go back up. Mr Barney said there are three buildings he wants to tear down. Two are 12' x 16' and one is 12' x 22' which is a two story building. The mayor stated we need to table the conclusion until after the scheduled Public Hearing. RE: DEAN BIRCH ZONE CHANGE PUBLIC HEARING ON 2ND WEST TOPIC: (22,137,,, BIRCH*DEAN,PUBLIC HEARING,2ND WEST) Public Hearing of zone change for Dean Birch. A Public Hearing regarding the proposed rezoning to provide as follows: That the owners of the following described property is requesting that it be rezoned to H.D.R. (High Density Residential) to allow for multi housing to be built. The property is currently zoned H.B.D. (Highway Business District). The property is located on the corner of 3rd South and 2nd West. John Millar explained the piece of property is just south of the Motel on 2nd West. There•is a piece of property that is zoned H.B.D. The remainder of that block except for the Sandwich Shop by the College Heating Plant and Erickson's Car Lot is zoned H.D.R. The request is to take this piece of property and zone it H.D.R. and that has been approved by Planning & Zoning. At the last hearing we had no one comment and it was recommended for a zone change. Dean Birch- He is in the process of purchasing all of this property and he has statements signed by the present property owners that it is okay to rezone the property. He is just waiting to sell part of Birch Plaza to purchase the property however everything is signed. This will probably happen in the next couple of weeks. He feels the property needs to be cleaned up. There is still one house that Squires own. It would be nice if they sold that so that entire area could be put into housing. Squires are already in H.D.R. He said George Benson has drawn a small plat plan. Randy Landon- He owns Carousel and is part owner in the parking lot adjacent to that. As apartment owners their concern is the parking and if he has allowed for enough parking. He wanted to make sure Planning & Zoning has approved the plan and if he has enough parking? Glen Pond told him to rest assured that what ever parking is called for in the Zoning Ordinance that is how many that will be required. This is just for a zone change. Gary Ricks- 1490 South 5000 West- He owns Royal Crest Apartments right by where Dean is going to build. There is a problem with some of his apartments right across from his parking lot. There is not enough parking and the kids are alway.q nvor 1,;-n ;- /'�) J RE: DELL RAY BARNEY GRANDFATHER CLAUSE ON 1ST NORTH . TOPIC:(22,138,,,BARNEY*D.J..,GRANDFATHER CLAUSE,IST NORTH) Mr Barney- Some neighbors have called and said they would be glad to get rid of the old buildings but he does not want to lose their grandfather right. They are trying to clean the property up and it will be hard to clean the property up and leave those buildings there. (discussion) A motion was made by Paul Pugmire to direct the city attorney to enter into a contract with Mr Barney for a five year period which would be up for renewal at that time and would take council approval in 5 year increments. (discussion) Stephen stated that we are talking about 1080 square feet so the new structure would the size of a large garage. His usage is preserved as long as he keeps his barn there. (Discussion) Paul withdrew his motion. A motion was made by Farrell Young that we give him a 10 year closed end contract agreement that. he has to rebuild the buildings or loose the Grandfather right. Seconded by Nyle Fullmer Those voting Aye: Marsha Bjornn, Nyle Fullmer, Farrell Young, Paul Pugmire. Those voting Nay: Glen Pond and Tray Beck. Motion Carried RE: EVERGREEN SUBDIVISION AND 1420 WEST ENTRANCE TOPIC: (22,138,,, EVERGREEN SUBDIVISION,1400 WEST) Evergreen Subdivision- John Millar, presented the Final Plat for the Evergreen Subdivision. He explained at sometime in the near future the road at 1420 West will be a signalized intersection so if we have to have another access it would be better to have it come on 1420 West rather than having another access onto the higher volume highway. (discussion) The plat was presented to Planning & Zoning and there was a significant amount of discussion. There was a petition submitted. The Primary objection to the plat as it was filed is that the connector on Lodgepole did not connect onto 1420 West back to the subdivision east. The residents of Park Street were very concerned about the amount of traffic that would come through their subdivision. To mediate that the Planning & Zoning requested that an additional access be made onto 1420 West with the extension of Lodgepole and that seemed toplacate the residents. With that condition the plat was approved by Planning & Zoning. One other issue that is before us is the Airport R.P.Z. or the,Runway Protection Zone. He showed a plan of it. He talked with Bill Watson who is the head individual for F.F.A. in this region and he recommended that the City/County Airport Board acquire in fee all properties within that. The north part of it is the Golf Course which we already own, the part to the west is part of the Widdison Addition and the Green property which the airport plan shows as a future acquisition and it effects 5 lots of this subdivision. The F.F.A. would be willing to reimburse the city/county for those acquisition costs when funds are available. It is a priority for the clear zone so they will try to move it through quickly but was unable to commit to a time. The developer has indicated willingness to sell those lots. That area would be developed as a park and the developer has indicated that he would work with the city on getting that developed.(discussion) The council asked Richard if the Airport Board had any money to purchase the land? The answer was they have about $40,000. Discussion on the cost. John told the council the city could buv