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HomeMy WebLinkAboutPZ MEETING MINUTES - Barney - 407 & 410 W 1st N - Rezone from LDR1 to LDR2CITY OF REXBURG PLANNING AND ZONING MINUTES April 17, 2003 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz Ted Whyte Mike Ricks Steve McGary Doug Smith Jerry Hastings Mary Haley Jordon Dyer - Excused David Stein Joseph Laird P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay - Excused Portions of the meeting were recorded. ConsentAgenda. The consent agenda includes items which require formal Planning Commission action, however they are typically routine or not of great controversy. Individual Commission members may ask that any specific item he removed from the consent agenda for discussion in greater detail. Explanatory information is included in the Planning Commission's agenda packet regarding these items. i. Minutes from the April 03, 2003 meeting Mike Ricks moved to approve the consent agenda; Ted Whyte seconded the motion; all voted aye, none opposed. The motion carried. Winston Dyer welcomed representatives from BYU-Idaho to the meeting. Rebecca Baldwin & Ms. Berry will be involved with the effort to gather public input on the proposed changes to the Comprehensive Plan for the City. Steve McGary will join the Commissioners later in the meeting. Jordan Dyer offered some written input to the Commissioners on the last two meetings after her review of the packets. 7:10 p.m. Rezone request from LDRI to MDR2 at 407 West Ft North – Dell Ray Barney Rezone request from LDRI to MDR2 at 410 West Ft North – Barney Auto Repair – Dell Ray Barney Dell Jay Barney – 440 West 1St North – He owns the property at 410 West 1St North and control the property at 404 West Pt North. They plan to move their commercial business after they sell the property. They plan to re -zone the property to MDR2 for residential development. Winston Dyer – Declared a conflict of interest due to a client relationship with Mr. Barney. Winston declared that he does not have any material interest in this particular project. Kurt Hibbert – Clarified that Martha Covington's property is included in this request and was part of the legal description. Kurt reviewed the separate parcels on the overhead screen. This is one of the first requests for an MDR2 Zone since the Zone was adopted by the City. Those in favor of the proposal: None given Those neither for nor against the proposal: Dave Pearson – 150 North 4th West – Requested information on the number of apartments that could be placed on the property. Winston indicated that MDR2 Zoning would allow 22 apartments per net acre with an additional 2 units per acre with a Conditional Use Permit. Those opposed to the proposal: None given Written input was received from Patricia and Graydon Burton at 416 West Main Street indicating opposition to the re -zone request. Winston read their letter to the Commissioners. They are housed in the middle of higher density zoning. They indicated that dust and land vibration from the use of heavy construction equipment has become — very upsetting to them over the past 4 to 5 years. Their irrigation rights have been interfered with by the new construction. They were concerned with the possibility of flooding in the event of heavy rains due to the raised elevation of the new roads. The letter mentions the "mental distress that accompanies this whole situation". Public testimony was closed. Discussion on the proposal and the requested density for the property. Main Street Station was recently constructed on Main Street South of this request. Winston read comments from Jordon Dyer concerning the two public hearings. Discussion on the need to have a contractor spray the roads with water to settle the dust. 3 Ted Whyte move to recommend this request to City Council to re -zone all of the parcels in this proposal to MDR2; Mike Ricks seconded the motion; Discussion on the total number of five parcels in the request. All voted aye, none opposed. The motion carried. New Business: Preliminary Plat for Hidden Valley Subdivision Phase 7 - South off from North Hill Road — (Dyer Group) Winston Dyer — Declared a conflict of interest and stepped down from the table. Ted Whyte took charge of the discussion on Hidden Valley Subdivision Phase 7. Winston Dyer — Engineer of Record for Hidden Valley, LLC. — Presented the proposal to the Commission. All of the lots on Phase 6 have been sold. Phase 7 is further South of Phase 6 in Hidden Valley. The location of sewer and storm drainage lines were discussed. Locations of both 8 inch and 12 inch water lines with fire hydrants were reviewed. Dedicated street locations were reviewed by Winston. There are 20 lots comprising 10.17 acres in this request. Discussion on the development of Hidden Valley Development and the future plans for the remaining plats that will be developed. Road locations were discussed by the Commissioners. The road widths from back of curb to back of curb are 44 feet. Continued discussion on the shape and size of the lots and the drainage of the storm water into a City storm drainage system. The storm water sewer system will be installed to the end of the pavement. Kurt Hibbert — Indicated that there was a concern with the addressing of some of the development. Star View Drive and Star View Circle were mentioned as possible concerns to the Addressing Committee. Doug Smith moved to recommend this final plat of Phase 7 of Hidden Valley Subdivision to the City Council for approval with the following requirements: 1) The City Departments approve the Plat. 2) The City approve the street names and addresses. Ted Whyte seconded the motion; Discussion on adding City services to the South edge of the Plat and adhering to the City Ordinance. Doug amended his motion to include the following: 3) Install storm (sewer) drainage line and water line to the South boundary of the Plat. 4) Adhere to the City Subdivision Ordinance. Ted amended his second to include #3 and #4; all voted aye, none opposed. The motion carried. 11 CITY OF REXBURG PLANNING ANIS ZONING MINUTES March 20, 2003 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz - Excused Ted Whyte Mike Ricks Steve McGary Doug Smith Jerry Hastings Mary Haley Jordan Dyer David Stein Joseph Laird P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay Portions of the meeting were recorded. Consent Agenda: The consent agenda includes items which require formal Planning Commission action, however they are typically routine or not of great controversy. Individual Commission members may ask that any speck item be removed from the consent agenda for discussion in greater detail. Explanatory information is included in the Planning Commission's agenda packet regarding these items. a. Minutes from the March 06, 2003 meeting Steve McGary moved to approve the consent agenda; Dave Stein seconded the motion; all voted aye, none opposed. The motion carried. Noncontroversial Items Added to Agenda Winston Dyer — Commented on a handout given to the Commissioners by Kurt Hibbert on the a workshop for planning procedures to be used in public meetings. The report discusses State laws and policies for open public meeting procedures. I Rezone request from LDRI to HDR at 407 West V North — Dell Ray Barney Rezone request from LDRI to HDR at 410 West I't North — Barney Auto Repair Dell Ray Barney Discussion on these two requests were combined into one request along with the Covington Property. Winston Dyer — Stated that he may have a perceived conflict of interest through his business. He is working with D.J. Barney on another piece of property. The Commissioners did not indicate that this would be a conflict. Winston remained at the table for the discussion. D. J. Barney — 407 West 1 St North - Reviewed the properties on the overhead screen. They would like to rezone the properties to High Density Residential. They plan to relocate their business to another area in the correct zone. The current use for this property is a non-compliant use for the current zone. The Martha Covington property has been included with this request at her request. The neighbors would prefer to have another use for the property instead of its non -conforming use. Kurt Hibbert — Commented on the need to change the use of the property in this proposal to a use that is compliant to the City Zoning. The City is supportive of the request to bring the property into compliance with the correct zone. Discussion from the Commissioners on applying MDR2 to the request instead of HDR. i he applicant would not be interested in less than an MDR2 Zone for his property Mike Ricks moved to send this request to a public hearing for a zone change to MDR2; Doug Smith seconded the motion; Discussion on the need to include the Rowbury property that is adjacent to the Barney property. Mike amended his motion to include the Rowbury property; Doug Smith seconded the amendment to the original motion to include the Rowbury property; The vote was as follows: In favor of the motion Mary Haley Jerry Hastings Doug Smith Mike Ricks Jordon Dyer Joseph Laird Winston Dyer David Stein Steve McGary The motion carried. Gel Opposed to the motion Ted Whyte was opposed to the 410 West 1St North North Barney property going to MDR2 PLANNING & ZONING December 21, 2000 7:00 p.m. Present: Presiding: John Watson Members: LaDawn Bratsman Ted Whyte Gary Steiner Raymond Hill Doug Smith Mike Thueson Roger Muir Bobbette Carlson City Clerk: Marilyn Hansen P.F.C.: John Millar Council Member: Donna Benfield City Attorney: Stephen Zollinger Mike made a motion to approve the minutes of December 13. Motion was seconded by Ted, all voted aye, none opposed. John Watson expressed thanks to Roger and Gary for their service on the Planning & Zoning Commission. Roger is taking office as County Commissioner and Gary Steiner will be moving from the area. They will be replaced by Glenn Walker and Mike Ricks. John Watson reviewed the procedure for public hearings to all those in attendance. Public Hearing Comprehensive Plan John Millar explained the Comprehensive Plan as it presently is and has been for many years. This is the first major revision, some areas have been discussed earlier and due to some procedural problems they will go through this process again. The areas for discussion are numbered as follows: 1. The area at the City Business Park which has been in existence for many years. The actual park would be zoned with commercial being on the front lots fronting Salem Highway, the back portion adjacent to the railroad tracks being industrial. This would bring the Comprehensive Plan into the way the park was anticipated and zoned when annexed. No further public comment. Ted made a motion to approve recommendation for this request to go to City Council for public hearing. Motion was seconded by Bobbette. All voted aye, none opposed. Public comment was called for on Item 4. This area lies between Main Street and lst North and between 4' and 5th West with a request to be changed from the current single family residential to allow for commercial development in that block. Stan Taylor - 420 W. 1St North Stan purchased his home about 4 years ago. Since then he has a back view of a wrecking yard, he now has a front view of U -haul trucks plus box cars. He feels if this is changed to commercial it will greatly depreciate the value of the homes and he is requesting that this zoning stay the way it is. He presented a petition with the signatures of the neighbors which was read into the record requesting this change be denied. Graydon Burton - 416 W. Main Graydon purchased his home approximately 3 years before the flood. It was zoned residential and there were neighbors on either side. At the time of purchase there was a small one man commercial shop, he went home at night, there was not a lot of fuss. Graydon presented pictures he had taken this morning showing all the vehicles, some wrecked and being worked on, and U -haul trucks. There are trucks being worked on at 11:00 in the evening with lights on, there are cement trucks running early in the mornings right against the fence by the houses of the neighbors. There are wrecked vehicles being hauled in, big container boxes for storage sitting around. All the neighbors are concerned with what is happening there. He encourages the Board to give consideration to those people who own land in this area. Travis lhler - Beehive Homes Owner In behalf of the residents in Beehive Homes he would like to request that this change be denied. Even though some may consider this business commercial, it is residential for the residents living there. Naomi Kington - 477 W. 1 St North Naomi referred to the pictures which have been shown and the home right next to all the U -haul trucks and the large containers is where she lives. They are all right against her fence and she sees nothing else. The trucks come in between her home and the home of Martha Covington, they make noise and bang around a lot. The containers are full of items like snowmobiles and the like. D. J. Barney - owner of the property in question D. J. is requesting this zone change to commercial. The property they purchased from Jack Covington has some grandfather rights. U -hauls are parked there for rental and he has no place else to park them, they are not rented from this location but he has a contract for towing and G repair of the trucks. They have a contract with High Valley to repair the concrete trucks. As far as the wrecked vehicles he has a towing business and is bound by law to keep these vehicles for a 60 day time period. The burned out trailers he would just as soon have them gone but they are tied up in legal battle and he is bound to keep them. These abandoned vehicles they haul for the City and County have to go somewhere. He has a contact that has put earnest money to do some repairs to the building that will provide a different commercial use there and he feels the property has been cleaned up considerably. He has currently put up a 2000 linear foot fence that goes around a portion of his property and he would like to eventually have the property all fenced in. He is limited with what he can do with the property because at this point it has not shown much return, he has spent money on the building and received nothing back The storage containers go through a re -manufacturing process, they go to construction sites and they will be moved back and forth but they will be stored on this property. He would like to have the property re -zoned so they could put storage units that would bring a monetary return and would have set hours. Public hearing was closed There was discussion concerning the purchase of the Jack Covington property. Only that portion fell into a grandfather issue which was used as maintenance and repairs, but acquiring more lots for this purpose would not fall under the grandfather issue. With the property being predominantly residential with the residents and the Assisted Living Center in that area, several uses have been turned down for surrounding property. There are two limited uses now and commercial use should not be expanded. Doug made a motion to deny the request of Item 4 for change in the Comprehensive Plan for the property between Main Street and I' North and between 4t' and 5th West and leave it the way it is. Motion was seconded by Gary, all voted aye, none opposed. Public comment was called for on Item 5 which property is located on the west side of 5' West at approximately 1St North. John Millar explained the property and the requested change from single family residential to multi -family residential. John Hawker - 126 K Street John would request that this change be denied and left as single family residential. LoRee Howard - 155 N. 5th West LoRee would like to stand as being opposed to any change in zoning on this property. David Daniels - 138 K Street David expressed his opposition and would request this change be denied. 7 DATE: (101100) PL." -NL% & ZONING October 11, 2000 7:00 p.m. Present: Chairman: Davawn Beattie Members: LaDawn Bratsman Ted Whyte Raymond Hill Doug Smith Mike Thueson Roger Muir Bobbette Carlson Riley Bowman City Clerk: Marilyn Hansen P.F.C.: John Millar Council Member: Donna Benfield City Attorney: Stephen Zollinger Excused: John Watson Ted made a motion to approve the minutes of September 27. LaDawn seconded the motion, all voted aye; none opposed. There was some discussion of the parking ordinance and the feeling of the City Council. Also discussed was the potential resignation of Gary Steiner because he is moving from the impact Zone and the discussion of a possible work meeting to review the ordinances. RE: PUBLIC HEARING FOR GENE PALMER ANNEXATION TOPIC: (500 285,,,PUBLIC HEARINGS PALIVIER*GENE.ANNEXATIONS, NORTH HILL RD.) Stephen read the Notice of Public Hearing. John reviewed the location of the property and the request for annexation. Public hearing was opened, there was no public comment and the public hearing was closed. Doug made a motion to approve this request for public hearing before the City Council. Raymond seconded motion, all voted ave; none opposed. 1 John Lewis - 1576 W. 190 South. His concern is with the amount of traffic that will be added to the 1520 West road and what the future plans are for more roads or stop lights. There was discussion as to other access and future possible access roads. Nyle Fullmer, City Council Member, assured the residents that annexation in their area will not be driven by the City but by the septic system situation in the future. Ted also reiterated the position that this developer would be willing to put in the lift station which services a huge need in developing that area and because of that cost it has not been developed earlier. RE: STEVE HART REQUEST FOR PARKING TOPIC: (500,287,,,PARKING,PARKINCi SPACES, HART*STEVE, I ST WEST, PARKING ORDINANCE) Steve Hart explained the location of his building on 1St West and the problem with customer parking. With the 54 unit apartment complex going in across the street and the possible zone change on two lots just a house down from him he is concerned that he will lose all street pariung. He uistributed P; V11; Of 11; iv"ativli and several ether businesses tluvugho—+ Rexburg. John gave an explanation of some of the pictures of parking. There were a couple of parking situations the City would, if they could, do away with. The current ordinance precludes being able to back into traffic because of the unsafe situation. There was some discussion of using diagonal parking on l' West, of Steve purchasing a strip of land from Mrs. Rish, the homeowner next to him, of reserving a parking space on the street which is not a possibility. It was suggested that Steve meet with John and review any parking options that might be available in that location. RE: DELL RAY BARNEY REQUEST FOR ZONE CHANGE TOPIC: (500,287,,,13ARNSY*D.J.,1 ST NORTH -ZONE CHANGES;COVINGTON*JACK, GRANDFATHER CLAUSE,GRANDFATHERED) Dell Ray and D. J. Barney explained the additional property he has purchased in the area of 1St North which is adjacent to property he already owned and the process of cleaning up the lots, He would like to develop this property by building self storage units to utilize the back half of +1-1—+n Stephen explained that Dell Ray was here to get a feel from the Board. in order to do what he wants he would need to request a zone change. The maximum commercial structure he would get would be 1100 square feet from the Jack Covington property plus whatever was torn down 3 on the Kington property plus 15%, which would be approximately 2500 to 3000 square feet of commercial building. Their present plans are for a 7500 square foot storage facility in the first phase. They have the ability to use a large portion of this property now as a truck manufacturing facility because of the grandfather situation on Jack's property and whatever use was on the Kington property. There was lengthy discussion on the feeling of the Board and it was felt there would be a huge opposition for this use in that area, especially from surrounding landowners and other businesses, Stephen explained that it was a bigger problem than originally thought because the Comprehensive Pian will not allow this zone change. The plan would have to be amended which would be a big problem which Stephen explained to the Barneys. The Jack Covington property is a non-comforming use for this area. Other uses for this property were discussed. The right to go to public hearing was discussed as well as the possibility of spending the time and money and being turned down on the request. Stephen reminded him that with the current use the property could be used for commercial or industrial, he could build 1100 square feet of storage plus a little more because of the Kington buildings, he can use that much for that purpose, he can put in a truck terminal or some of the other things that had been talked about. The only benefit to the zone change would not be to change its use because it is already grand- fathered as industrial and commercial. What would be gained with the zone change is the ability to use the entire parcel and not be limited by the square footage grandfathered at this time. If they cannot build several buildings they are not interested in building only one storage building. The Barnevs will check with neighbors and discuss other options to comply with the present zoning. Ted Whyte asked the Board for a feel of the possibility of a zone change on property on the Salem Highway near Ultimate Direction from Ag to Highway Business District. The map was reviewed, the roads were discussed, the Board felt there should be no large problem because at some point this may be HBD down the entire Salem Highway. The meeting was adjourned. 2 DATE: (051399) Planning & Zoning 5/13/99 7:00 P.M. Present: Chairman: Davawn Beattie Members: Ted Whyte Raymond Hill Roger Muir Mike Thueson Doug Smith Bobbette Carlson Marilyn Hansen Gary Steiner City Clerk: Rose Bagley Attorney: Stephen Zollinger P.F.C.: John Millar RE: LILJENQUIST RESIGNS FROM PLANNING & ZONING COMMISSION TOPIC: (500,178,,, LILJENQUIST*BRAD,PLANNING & ZONING) Stephen told the board that Brad Liljenquist has resigned to accept employment out of the area. Davawn Beattie has been appointed by the mayor and City Council as Chairman of the Planning & Zoning Board and Raymond Hill has been appointed as a new Board Member. A motion was made by Ted Whyte and seconded by Marilyn Hansen to approve the minutes. All Aye RE: D.J. BARNEY REGARDING GRANDFATHER RIGHTS AT 407 W 1ST N TOPIC: (500,178 ... BARNEY*D.J.,GRANDFATHER CLAUSE,IST N.) Stephen explained D. J. Barney has some old buildings on his property where he and his father has a business located at 407 West 1st North. These buildings are old and run down. His concern is if he tears them down to clean up the lot, if he can't afford to rebuild them within a year will they loose their Grandfather Right and how long can they go without rebuilding before they will loose that right? Under our ordinance it appears that once the building is torn down, if they are not reconstructed within one year they would loose the right to reconstruct them. His alternative is to leave the old buildings there until such time as he can afford to replace them or what he is seeking is an agreement with the Planning & Zoning board. He would like the agreement to acknowledge that the buildings exist and that he intends to replace them and have a specific time set greater than one year during which he could replace them. He would like to remove them and abate the unsightly nature of the buildings now and replace them sometime when they can afford it. D. J. Barney arrived at the meeting to explain. His father purchased the Jack Covington property last fall and there is three smaller buildings on the property they would like to tear down. They would like to be able to rebuild these buildings later without loosing the grandfather option. They would like to clean up the property. They are hauling the scrap metal away. They would like to be able to rebuild when they can afford it in a few years. He said if they can't tear them down and rebuild them later,then they would leave the buildings there. Stephen told him it would take an agreement reached by them and the city to allow them to remove the buildings and preserve their structure rights that exist right now. This would have to occur before he actually tears down the structure. Paul Pugmire stated that it would require him to come before the council and would require a council agreement. Davawn Beattie tabled the issue to proceed with the scheduled Public Hearing. RE: PUBLIC HEARING ZONE CHANGE AT 3RD SOUTH & 2ND WEST FOR DEAN BIRCH TOPIC: (500,179,,, ZONE CHANGE,PUBLIC HEARING,3RD S.,2ND W.,BIRCH*DEAN) Stephen Zollinger read the notice of Public Hearing to change the zoning. 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. Legal description is on file. John Millar showed a map of the location of the rezone. The majority of that block is zoned H.D.R. other than the Sandwich Shop on the corner and Erickson Parking Lot. The proposal is to change the zone from H.B.D. to H.D.R. Dean Birch was not in attendance to the meeting. Davawn asked if anyone in the audience wanted to testify, there were none. Close Hearing and turned it over to the board Discussion. That area is mostly apartments at the present. Stephen told them at the present time he plans to build a 6 or 8 plex on the vacant lot as far east and south as he can build it. A motion was made by Mike Thueson and seconded by Ted Whyte to recommend to the City Council that the zoning on this property be changed from H.B.D. to H.D.R. All Aye RE: D.J. BARNEY ISSUE TOPIC: (500,180,,, GRANDFATHER CLAUSE,BARNEY*D.J.,1ST N.) D. J. Barney issue- Discussion. A motion was made by Bobbette Carlson and seconded by Mike Thueson that because it would be an advantage to tear these old buildings down that we recommend to the city council that they draw up an agreement with the Barneys that if they tear these buildings down that he be given permission to rebuild them and that he and the city council come up with a time frame so he won't loose the grandfather right. All Aye Mr Barney also told the board he has some fencing material to fence in his property that is used for a business. He is also going to plant some trees and shrubs for screening. RE: Z.O.C.O. EVERGREEN SUB DIVISION TOPIC: (500,180,,, Z.O.C.O.,AIRPORT,ZOLLINGER*STEPHEN, EVERGREEN SUB DIVISION) Z.O.C.O - Evergreen Sub Division- John Millar showed the plat and also the Sawtell and Henderson Preliminary Plats which would tie into this plat. Stephen stepped down from the table so it would not look like he had a conflict even though he is not a voting member. The issue before this board is the final plating of the property located on West Main directly South of the Airport. The current zoning of this piece of property is L.D.R.1. The property has 77 lots and will provide for a one acre of green area. Their is one lot that would front onto highway 33. The other lots would have access either to the east through Starlite Addition or when it was originally plated a road was planned and had been constructed coming out of the Starlite Addition going toward the west and that extends for about one lot depth and there is a berm across that now. The primary access would be onto 1500 West at a point of about 200 or 300 feet south of second curve coming from the State Highway. There is a future access that would be added with the church property where the Park Street Church is. There is a proposed Subdivision that has a preliminary plat that has been approved some years ago and that has a cul-de-sac in the center of it showing the road that would be between the church and the Sawtell Addition which would access a road which is the extension of Park Street over onto 1500 West. Some years ago there was a preliminary plat approved for a development that is south of the Park Street Addition which would also provide for continuation of the road through and over onto South 5th West. Those are both preliminary plats and have not proceeded.beyond that point. For the wastewater handling for this Subdivision, there is a line that comes from the main pump station located at the south east corner of the Golf Course. The existing line comes across Highway 33 and terminates at the corner of this property. It is of sufficient depth to provide service to this property. Water for the facility would come from the line through the Park Street Addition. There was also a 12 inch line over to 1500 West that serves the Comfort Inn and also services the Solid Waste Transfer Station. Storm Drainage would be handled by an existing line that serves the Starlite and Park Street DATE: (102898) Planning & Zoning 10/28/98 7:00 P.M. Present: Chairman: John Millar Members: Mike Thueson Ted Whyte Doug Smith Jim Long Gary Steiner Roger Muir Mary Ann Mounts Davawn Beattie City Clerk: Rose Bagley Engineer: Joe Laird Attorney: Stephen Zollinger A motion was made by Jim Long and seconded by Gary Steiner to approve the minutes of 10/14/98. All Aye A motion was made by Ted Whyte and seconded by Gary Steiner to approve the minutes of September 23. All Aye It was decided because of Thanksgiving that the Planning Board would not meet on November 25. RE: DALE ALLEN REGARDING PARKING PROBLEM AT SUMMERSET TOPIC: (500,128,,, PARKING,APARTMENTS,C.U.P.,5TH S.) Dale Allen owner of Summerset Apartments was at the meeting regarding a Parking Problem. He brought some plans for a proposed parking lot and was requesting a Conditional Use Permit. They are proposing to put the parking lot on the property directly south of Brenchley South Apartments on 5th South. They are going to buy the corner piece of property and the piece directly to the west of the corner piece. They will not do anything with the corner piece right now. They just want to develop the flat spot directly to the west of the ditch. He thought he could get about 110 spaces. He showed the Sketch and explained. They have structured their pricing next year two ways so if they want to park on sight it will cost a little more than if they don't bring a car or if they park off sight. This parking is two blocks away but he had talked to two guys yesterday if they would use it and they said they would park anywhere, it would be worth it to them just to bring a car and will park off site. This will be right across the street from Brenchley Apartments. Mary Ann asked if each tenant has an assigned spot? Mr Allen explained how he has done it. They have contracts for those that don't bring cars and they have to sign an agreement saying they will not operate a car from November 1 to March 1. Jim suggested that Logan has a big parking lot and run a shuttle bus. Mr Allen talked to a fellow from Iowa that suggested we do the same as they do. They have narrow streets so on the odd days they park on one side of the RE: D.J. & D.R. BARNEY PURCHASED JACK COVINGTON PROPERTY TOPIC: (500,129,,,BARNEY*D.J.,COVINGTON*JACK,IST N.) D.J. Barney was at the meeting. His dad with D.R. Barney Trucking had purchased the property at 407 West 1st North from Jack Covington where he has his shop. He will take possession on November 1. He went into the City Hall to get a business license and Rose had a question if this business would be grandfathered and asked him to come to this meeting. He was told that if they deviate from the same type of business that Mr Covington has now it would not be grandfathered. The board recommended that he get with the City Attorney and get his recommendation. Meeting adjourned. DATE: (051497) Present were: Chairman: Members: Excused: City Clerk: Engineer: Attorney: Council Person: Minutes: Planning & Zoning 05/14/97 7:00 P.M. Mary Ann Mounts Davawn Beattie Jim Long Richard Smith Roger Muir Mike Thueson Ted Whyte Doug Smith John Watson John Millar Rose Bagley Joe Laird Stephen Zollinger Marsha Bjornn DaNiel Jose A motion was made by Jim Long and Seconded by Davawn Beattie to approve the minutes of 4/23/97. RE: ARCHIBALD INSURANCE AGENCY TOPIC: (400,186,,,SILVERTREE BUILDERS,MURDOCK TRAVEL,RAINBOW PARK, ARCHIBALD AGENCY) Troy Hasting of Silvertree Builders, showed a plot plan for improvements to Archibald Insurance agency. Their would be an addition to the west side of the existing building of 3000 square feet. A pad would be put in the back for future retail use. The plans showed that the parking would exceed the regulations for HBD. The building will be 120 feet from Rainbow Park parking lot. The parking lot will merge with the existing parking lot behind Murdock Travel Joe questioned the exit out drive way by Murdock Travel and what was the plan for the snow removal. Would the French drain have to be moved? There is a storm drain in the back. Troy indicated that the plans show drainage over the sidewalk. Was not completely sure where the storm drain is located. Discussion. Davawn Beattie made the motion to approve the plans Jim Long seconded,all aye. RE: DEAN BIRCH APT. SITE PLANS APPROVED TOPIC: (400,186,,, DEAN BIRCH,APARTMENTS) George Benson showed the plans for the Dean Birch Apartment site plan. Davawn Beattie accepted the plot plan Ted Whyte Seconded, all aye. RE: D.J. BARNEY IS REQUESTING TO HAVE AN AUTO REPAIR SHOP IN A RESIDENTIAL AREA. TOPIC: (400,194,,,BARNEY*D.J.,ROWBERRY,AUTO REPAIR,IST NORTH) D.J. Barney is requesting to have an auto repair shop in a residential area. Dale Thompson summary of background on property at 410 West 1st North. Rowberry's had a commercial business of truck repair etc. they were there since 1987. In 1994 the Barney's bought the property from the Rowberry's and continued doing auto repair there. D.J. came into get a business license because he had been operating with out one. The business license was denied because he operating a business in a residential area. The question is he grandfathered because he is operating the same sort of business as the Rowberry's, or does he need a Conditional Use Permit or to rezone? The Planning and Zoning thought that this was more of legal issue than a Planning and Zoning issue. The Planning and Zoning Committee thought that is was the same sort of business. D.J. Barney said that he will continue to do improvements on the lot as his money permits over the years. He would like to put a sign on the building. Jim Long asked about parking in a residential area. D.J. showed the plot plan improvements he indicated he was going to put up a 6'cedar fence, he's planning to be on the city LID to put in sidewalks, put in grass and trees, the parking will be right around the shop. D.J. Barney agrees to not put up any sign or other forms of commercialization. The Planning and Zoning agreed that it was a Continuation of a Non -Conforming Use Permit. Richard moved for it to be a Continuation of a Non -Conforming Use Permit. Davawn Seconded. All Aye. Note that the Planning and Zoning would like to addresses truck in the Zoning Ordinance. RE: VANCE REQUEST FOR A DAY CARE IN THEIR HOME TOPIC: (400,194,,,C.U.P.,DAY CARE,VANCE*NATHAN) Nathan and LeeAnn Vance request for a Conditional Use Permit for a Day Care in there home located at 269 Rodney Dr. They have converted the basement of there home into the Day Care. The house has been brought up to fire code. The fire department said there is room enough for 26 occupancy. They have made additional parking in the front of there home. Mary Ann asked if the Vance were licensed by the State to operate a day care. LeeAnn indicated that they had not yet applied for the license from the State because they were waiting for the City to approve it. It will not be a drop in day care there will be a registration fees. Stephen stated that an affixed sign is not allowed. Stephen indicated that the day care doesn't qualify for the home occupation. This is classified a day care. The Planning and Zoning Committee determined that if they have 12 or less in there home at one time then they can operate it as a home occupational. If they are to have more then 12 then they need to Conditional Use Permit. Richard Moves that it goes to Public Hearing. Jim Seconded it. All Aye.