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Home My WebLink AboutPLANNING AND ZONING MEETING - 06-00272 - Frandsen - Impact Area - Site PlanNone opposed. Motion carried. Chairman Dyer opened the p��blic input portion for area #3. In favor.; done Neutral: None OPPOSe"d.; None Written Input: None Chairman Dyer closed the public input porcion for area #3. Mary Anti Mounts said this could set a dangerous precedent. If they are annexed, they should have to try to address the design standards now. The ConuTussionets discussed this issue. David Stein motioned to recommend to City Council that area #3 be annexed as Community Business Center with the condition that the recently approved building north of Rexburg Motor Sports be built �n compliance With the Conunercial. Design Standards for the City of Rexbur9 . Ted Hill seconded the motion. Mike Ricks said he doesnt feel like we should Penalize this development when thexe are other developments that look worse. The building is already framed. Chairman Dyer reminded the [Commission that there are three (3) representatives on the Commission fronri the impact Area. The unanimous vote of those three (3) can trump the zest of the commission, since the area in question is outside the city hrnits. David Stein said when the building came to the Design Review Committee, it was after the parts wexe builtand the hale was dug. Much of the discussion was co rnng up with Design Standards that would allow them to eoniply -W within what they had already bought and. started. There tiv, as a great deal of accommodation on the patt of the city . There axe things that can be dome to the balding to talo what is there and make it what was agreed to. Mike Ricks said since the county allowed it to be built that way, it was built legally. The Cornmissionets discussed Design Standards in the Impact Area. Those in favor: Chapman Dver Dan Hanna David Stein Maty Ann Haunts Ted Hili Thaille Robinson Motion carried. Those opposed: Mike Ricks 4 � .12-1 (10 ( 0 (-Cl is 100 feet for 7' South; which happens to be the requirement. f le wants to do a study for a r tonal purnping station for waste water plus a storm water facI * in the area. Council Member Stevens followed up by sa nothingwill e de cl ped until the- Public Works Department ]-)as a long terser Nifaster lila. Council Member Stevens moved to approve the annexation request With the c diti t � i the applicants agree to provide the right-of-way for 7" SL-)utb as it has been master planned at no cost to the, city withan LDRI Zone; CouncA Member Mann seconded the tiers: is cu s si n: Noting the 100 foot -tight -of -way. X11 voted F aye, non opposed. Thi motion carried0 2. Parcel at 801 West Main Street — Sally Snuth . Parcels at 40 & 42 Pioneer Road — Ms.. Niederer Sally mite at 460 Roffing Hilis Drive Rexburg said the- ci 'asked this ro r r to be ari a e.d it i's in the aitport overlay zone. 't'hey are in a negotiation with the city to sell the property to the city. It is comprehensive plan d for nercial development. The T have been sitting on the negation process for a yearno-w; while the wbeels of progress turn sly w. 1. She is anxious to have sorne closure. Sally Smith is also rep-resentings. Tied r�er who was not able t attend. Ms, Diederr�s . main c ncertj is that she would f c to reinain in her home with a. life estate. It is c omfor table and a good location for her. Ms. Smith said we do not t se the annexation. She wished things could move along as she has wart d 6 years. Council Member Young opened the public he.a Those lit favor of the proposal - NONE Those neutral to the proposal NE Those against the }proposal - NONE Council Member Young closed the public hearir1 . Discussion. Council Member Erickson asked i the agreement for the cm,, to putchase the ro rtic s has been formalized yet. Public Works Director mar is waidng on a s c c and appraisat from theme appfalSer. City Attorney Zolfinger said negations with the, Smiths and the iedcrer's woWd ha pen irrespective of whether the J)foperty is in the city r in the county. Council Member Encs on moved to approve the annexation of the three parcels Nvith owners in area one with the existing 7,on e, k ura l Residential RI .- Council Member Schwendirnan seconded the motion; all voted aye,.one- opposed. The motion carred. . Parcels at 883 South 12thWest — F-Lands—en Planning and Zoning Administrator L ikness explained the area on the overhead screen. The area north of University Blvd would like to be annexed into the city limits. ne current Z01=g is Con-irminity Business Center one. They would like to maint the existing n which meets the comprehensive Man. e1 ��xxa�r�i��i� i c r. mended annexation with the existing zoning on the condition that the bading would be brought up to design standards, '11e Design Review Commttee did not have their rec rrirncn ations followed. City Attorney ZoUinger asked if the City Council wasdi ed to annex this property with a restriction. advise pity Council to avoid the condition�e i n the current de i orn standard however, the des' . sta .d ds agreed t the Desi Review t � nimittee wort d be applicable. Coursed Member Young opened the public harp Those m favor of the proposal - NONE Thr ,se neutral to the proposal - NONE Those against the proposal - NONE Council ember Young eios� the public he,,iring+ . i�cussion: Council Memb+ ir Mann asked City Attorney Zollinger how the standards w ul'd be F enforced if the property. was annexed. City Attorney Zollingersaid the l F has already setit the cornph n c officer out to the property. Mien the county -as asked t follow-up n the inspection design- � standards, they were not able t enforce the city's code in their its : act area. Now, if the property is n.nc ed-, the cit will be able to enforce their ori nal agreement with us. We arc simply restating the original agreement e made with the before they recognized the need to be sexed. Council M'e .bex Erickson explained the applicant carne to Plannirig andonin n beblf of� t e county t get the badi- n approved. Planning and ZonIng applied bUildin design standards to the budding nd the couxity agreed- but failed to applythe city's design standards for this budiding. The county has failed to put de sY -1 standards in place at the county level. The applicant h 11t the building as they desired. Once they had the building With county approval, they wanted to be annexed Into the city fot city services. Planning and Zoning gave them the instructions .(-)n bringing the building up to design code but the county did not require a design standard. Planning and Zoning made their recommendations that the city annex this building under the condition that they bring the building up to des'- 1,911 standards presently in effect. Finance Officer Hornet confirmed this rccon-imendation by PlanIn g andZonj'ng. Council Member Erickson added the city is cre.tn :n island which the City Couticil agreed we would not do. His exarnple was two properties on University Blvd; the propane company and a bulk fuel plant. We h vc created an island cuff of University Bled that"is not in the city. Sometime the cite will ba e to step up and mp buildinga islands andannex the hole niece. I le was opposed to creating islands. Council i'viember Youngasked if anyone lea d p ro ached the property owners on this matter. CiTAttorneyZollinger said th e v were approached cin a prior annexat n but not this one. At that point therewas no incenti e t bring 'in a Propane distributor and a gasoline bialk distributor pito the city. The city could not offer them any amerritie..,9 this has already gone thr -u h f=ell publication, which i what costs the city money, we Fouad not he able to allow any piggy -backing. Chairman Winston Dyer of Flan and Zoning said, Planning and o def,), not lie to have islands e th cr. The first que s don they �d a s ask i "h . c the others been -a-pprop"ately invited and contacted."' This is our normal protocol; ho e er i� failed to happen this -ie. Council Member Erick -son said we shoLAd try to annextheme in the near future. Planning and Zoning Administrator Leikness asked i f the refer to %wait for requests fore '�'r an annexationn l ember Frrc sc n said It would he a good idea t 1 them t Piggyback n another annexation recluest r£ it c �� }� mut. �� Member � Yung confirmed hip feelings t invite people t annex into ebur t Council Membef Schwiendirnan asked if city services would be provided to Bowen Oil and the propane company. Council Member Erickson noted they were not on city Semces. The services are i n the area; h o e er, they are not hooted u . ityAttorney1 er and Public Works Director i ill r explained the ciuT pan re wire thein to hook up city -sewer if annexed- however they can use existing wells for eater inside the city. Council Member Stevens asked how tbi.s propertyis currendy zoned. It is currently CBC f)InK Council Member Schwendiamn moved, to annex parcels at 883 South 12'b West as advertised with the condition to bring the new building up to re i usl agreed � d upn dcsin. standard by the applicant, the. Design Reviewon�n�i to I�� nein and P --Jr niri oun c cm er Erickson seconded the motion- Discussion: The annexationwill be rescinded eight non the if bttilding is not 1n COMPrIjance with d esi n s t i ndard s. .a it vo to d a ye, n one opposed. The motion carried. 4