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HomeMy WebLinkAbout2002.03.14 CITY COUNCIL MINUTES MINUTES OF THE CITY COUNCIL , March 142002 7:30 P.M. STATE OF IDAHO, ) County of Madison ) SS. City of Rexburg ) Present were the following: Mayor:Bruce Sutherland Council Members:Paul Pugmire Nyle Fullmer Donna Benfield Glen Pond Shawn Larsen Marsha Bjornn City Clerk:Marilyn Wasden Finance Officer:Richard Horner PFC:John Millar City Attorney:Stephen Zollinger Mayor Sutherland discussed the meeting and set the rules. He stated he would go through each item one at a time, he admonished the citizens to take their time and identify the items they are most interested in, they will then discuss each item in an order beginning with the one that has the most people here to testify. The Mayor stated testimony will be held at two minutes maximum. Anyone is welcome to speak but if the testimony had been stated before and is in the minutes, unless you feel very strongly please do not repeat and there will be no toleration of discussion among the parties either pro or con. All statements will be directed to the Council. Pledge to the flag. Introduction of scouts. Paul made a motion to approve the minutes of March 6, 2002, seconded by Donna. All voted aye, none opposed. Mayor Sutherland asked for those in attendance to stand when he called the number on the Comprehensive Plan in order to accommodate the most controversial items first. th #6 - Jackie Toll - 137 N. 5 West 1 th Clinton Parkinson - 75 N. 5 West - Single family to multi-family th Wilma Parkinson - 75 N. 5 West th Wilma stated her desire to have the status on her property located on 5 West changed to a multi- family designation. She is a live-in landlord and takes pride in the ownership of her apartments, they have a vacant lot that basically has no use for anything other than apartments and would appreciate this change in order to make use of that property. nd Tom Williams - 246 W. 2 North Tom represents Tolls in this transaction. His testimony is recorded in the past minutes, this property is within walking distance or bicycle distance of the college so it will not impact the college parking. David Daniels - 138 K Street David distributed a petition signed by those in opposition to this change. The change that took place previously allowed the Summerwood Addition to go in with the understanding that this property was zoned LDR. This change will reduce the value of his home and others, there are 22 homes in that area that will be effected by this change. He asked for those to stand that were in opposition to this change, these people have invested their money in new homes. He does not feel this land is worthless without the zone change and hopes this change will not take place. nd Jody Rawlings - 508 W. 2 North Jody prepared and distributed ideas on how residential homes could be put in this area so it would not be a weed patch. The zoning can be left as is to go into homes or condominiums without any change. The Comprehensive Plan was designed for orderly growth. Planning & Zoning recommended the zoning not change and there is no reason are argument that would necessitate this change. A vast majority of those living in this area do not want the change, the City made a commitment to Summerwood Addition and they request this commitment be honored. John Hawk - 126 K Street John is in opposition to this change. He invested in his home depending on this zoning. He understands the voting on this should not be swayed by majority vote but it is the majority vote that puts these people on the Council and he expects that through their office they would protect the citizens in this neighborhood. Mike Thueson - 581 Summerwood Mike sat on the Committee that put the Comprehensive Plan together. It was the desire of the committee to make this LDR, he understands there was a change some years ago, it has been 10 years since this change was made. Since the college made their change it has brought an economic desire for this change to be requested. He would hope the Council would protect the interest of the neighborhood, they made financial decisions on this zoning and would appreciate their investment being protected. 2 Dave Ricks - 30 K Street His family has lived on K street for 36 years and no one else has lived on that street that long except the Smiths. He remembers it as a cow pasture, he wants the neighborhood to grow, the city made some changes a few years ago which caused an attitude. Those in the Summerwood addition moved into the area expecting the City to keep this Comprehensive Plan. They invested a great deal of money, there are plenty of apartments on that particular end of the road with high traffic. He believes it would be to the best of the community to keep this LDR. Sonja Thueson - 581 Summerwood Sonja counted today and there are 45 parking stalls at Park West, is this change going to double so they are looking at 100 cars. Buildings are fine but you add the parking and traffic and you are looking at a used car lot and believes this will not make the area look beautiful. Public testimony closed for this parcel. Glen made a motion to concur with the Planning & Zoning Commission and deny the request. Donna seconded the motion. Discussion. Marsha reviewed that this is only a Comprehensive Plan change there would still need to be a zone change if this were approved. They were not opposed to townhouses but it would have to be changed on the Comprehensive Plan to even accommodate this. Discussion of the ability to plat this area into smaller lots, adjacent lots, the building of duplexes, of what other purposes this property could be used for. Paul feels this is an area that may be a transitional area and should be looked at in the future but for tonight feels it should remain as it is. Discussion of breaking out the Parkinson property from the Toll property, Marsha made a substitute motion to make the Clinton Parkinson property multi-family and deny the change on the Jackie Toll property. Substitute motion died for lack of second. Voting on Glen’s motion as follows: PaulayeMarsha nay Donna ayeNylenay Glenaye Shawnaye Motion passed ndstnd #9 - Trevor Cardon - 2 East, 1 and 2 South ndstnd Don Harvey, 2 South, 1 and 2 East - single family to multi-family rd Steve Oakey - 25 So. 3 East Steve commented that someone had knocked on his door and offered to buy his home. He has no desire to sell, he plans to die in that home. During the conversation it appeared there seems to be 3 a lack of appreciation for historical homes in this town. He feels we are witnessing the continual degradation of historic homes in the town, there are many cities where the old neighborhoods have the most valuable property. He used the example of Cornell Street that has good homes in good condition making for a nice neighborhood compared to College Ave. that had nice homes but are now apartments that are not maintain and has made not a very desirable neighborhood. nd Bruce Williams 272 So. 2 East Bruce has his property for sale with several people looking at it and there is no interest from a family because of all the other development in the area. He is here, he does not have to sell his property but it would be more convenient. He likes the neighborhood but it is fading away into rentals. He would like to see the City come up with a solution so the problem goes one way or another. He feels spot zoning, conditional use permits and all these other things is nonsense. If the City was to go for student housing that is fine but they need to make it a uniform type situation. There needs to be a decision and make it uniform. There needs to be an ordinance so that rental property is properly taken care of, snow shoveled, sidewalks maintained or do something different. Make a decision and be done with it. Preston Haley - 275 E. 1st South Preston moved to Rexburg in 1978, there was a gas shortage going on with cars lining up two blocks to buy gas. He did not know what the future held, but he located in a place he could walk to church, to his job, to the grocery store and has enjoyed that location. He likes the neighborhood with the exception of the Kenwood Apartments which should not be in that area. There are enough apartments there, they do not want more. He appreciates the opportunity to speak, there are many that want to say we have enough and please do not allow more apartments in the neighborhood. nd Tom Thornton - 225 E. 2 South As Tom looks at the situation he fears for the safety of people living in that area. He raised his family and has watched the increase in traffic. If there are apartment buildings around that neighborhood he feels sorry for children in that neighborhood. The safety should be a high point of consideration in approving this zoning change. He disagrees with the change and believes it should remain as single family homes. st Mike Olsen - 26 E. 1 South Lives next door to Preston Haley. He enjoys the neighborhood, the fact that it is single family residential. During the summer it is nice to sit outside, not have all the traffic and business of high density residential with the exception of Kenwood Apartments. He does not want traffic increased, he had two boys 2 and 4, he likes the values in the neighborhood and does not like what he sees in apartments and rental areas. Mike has a friend on the NE corner of 1st So near college rentals, he at various times expresses the disapproval of activities in the rental units, they haul furniture out and make things unsightly, they play football in the street, the neighborhood does not require that increase in traffic and lower standards. He is opposed to the change. 4 nd Toby Thornton - 225 E. 2 South Toby was born and raised in the area in question, he loves it tons. He sees all the college housing and feels sorry for the changes people want. He feels the change would be a big downplay and a bad mistake and would be better to keep it as it is. Testimony closed on this issue. Discussion on location of property and the recommendation of Planning & Zoning. Paul pointed out the homes which have already been purchased by one person, and the reason he makes this point is that property lines are no longer any consequence. If this is changed you open it up to a bull dozer with one owner. He reviewed what a neighborhood is in his mind. If approved as recommended it would open up a fundamental change. Discussion of zoning in that area and this would bring the Comprehensive Plan into compliance. Zoning takes precedence over the Comprehensive Plan because zoning was already in place at the time of the Comprehensive Plan. Discussion. Paul feels this is a transitional neighborhood which places a larger requirement on planners to do a good job, it makes sense to square up and clean up the block to make it consistent with the zoning. He is concerned with what this neighborhood could become in the future. Paul moved to accept the recommendation of the Planning & Zoning to bring the southeast corner of Block 50 into compliance with the current zoning. Nyle seconded the motion on the basis we are doing housekeeping and Planning & Zoning will protect residences already there. Discussion. Paul stated that as this area develops he intends to hold the developers to the line. All voted aye, none opposed. Marsha made a motion to keep the Don Harvey property as is recommended by the Planning & Zoning Commission. Motion was seconded by Nyle. All voted aye, none opposed. Motion passed. Clarification of conflict of interests. thth #7 - Greg Luce - North Main - 4 and 5 West Ralph Brian - 450 W. Main When Ralph purchased his home 15 years ago it was zoned single family dwelling and he purchased the home under that pretense. He realizes some of these properties have been sitting there vacant for years. He is not against development, he feels the property is a size that could warrant subdividing and keep single family designation in that area. Everyone is trying to jump on the college gravy boat and Rexburg is going to become an undesirable place to live if this is not watched. He is concerned with a young family, the traffic and congestion on Main Street is bad enough but to throw a multi-family development into that area would be detrimental. He is extremely opposed to this change. 5 st D. J. Barney - 410 W. 1 North D. J. owns a portion of this property which is considered a non-conforming use. His grandfather clause would let him increase the use of this property at will. He cannot go outside the perimeter of this property but he could expand what he is doing currently. He knows the neighborhood is opposed to what he does at that property. He is looking at moving his businesses out of this area and there are certain things that would need to happen first. Would you rather have multi-family use or a commercial business. If he keeps this property it would be developed into commercial. This change would allow the property to become a conforming use allowing the city and neighbors to have more control. The city owes it to the neighborhood to be stringent as to the zoning level and site plans but feels this change is the right use of the property. Testimony closed on this issue. Marsha pointed out the location of this property and questioned how you could tell someone one thing and someone across the street something else. There are no apartments from the corner of Main Street to First North, she feels a discrepancy here. Review of the location and zoning of the property nearby. Much of this block is in the situation of the zoning taking precedence over the Comprehensive Plan. Discussion of zoning versus comprehensive plan. Nyle made a motion to approve Planning & Zoning’s recommendation on that property, seconded by Glen. Discussion. th Marsha made a substitute motion that the homes on the east side of 5 West street not go in with th multi-family residential and the lots behind them to 4 West go into what has been proposed. Motion was seconded by Paul. Discussion. Marsha amended her motion to include the homes which were already zoned medium density. Voting on Marsha’ motion as follows: PaulayeGlennay Donnaaye Marshaaye Shawnaye Nyleaye Motion passed. #18 - Benfield Property - 150 E. Cemetery Rd. - commercial to multi-family Donna declared a conflict of interest and left the room. Ken Benfield - 201 Millhollow Ken has 3.1 acres on the back portion of his property he would like to change to multi-family usage which would be a transition area from the single family homes which would be finer than the commercial it is now. 6 Rudd Phillips - 211 W. 1500 North Rudd was opposed to having this property zoned commercial, they are still opposed to it. However, they were told business is coming toward them. If business is coming toward them why put apartments right in the middle, it doesn’t make sense. Single family would make sense, there are already single family there, if business is moving there it does not make sense to make this change to multi-family and he is opposed to the change completely. Brad Bischoff - 131 W. 1500 North Brad’s is the first home after the pasture. He was concerned when this was changed to commercial and now his question is why were they not notified of this change? He would like to know what they are looking to as zoning. The Mayor clarified the Comprehensive Plan versus the zone change. He is opposed to this change, they are spot zoning, this is a residential area and it would not fit in with the Benfield business on the front and the residences in the area. Henry Benevidez - 191 W. 1500 North Henry is the fourth house from the corner. He is opposed to this change, single family would be fine, he was opposed to having anything in his backyard but understands changes come but 16 units per acre would crowd the area with cars and too many people. The road would have to be expanded, it would change the whole area. Change is coming but for right now he would hope the Council would hold off on this type of change. Joe Allen - 17 W. 1500 North Joe has the house on the corner of Salem Highway. They have had the property listed for sale for over a year now, they have a sale and he is the one requesting the zone change. Joe feels this would be an improvement over zoning from Highway Business District and over what could go there now. He is in favor of the change. Testimony on this issue closed. Discussion of zoning immediately to the south, location of sewer lines, houses already in area on septic, approximately 500 feet would be left commercial on the plan, feelings and thoughts of Planning & Zoning as to future development of this area, could be used for single family but not efficiently. Marsha questioned the neighbors if they preferred this to stay commercial over what is being proposed. The neighbors responded they preferred it to stay single family. Glen felt that Planning & Zoning did not address the area except for this one spot, if planning is for the future the whole area should be covered. Comments if this is approved it would be creating an island and it is an uncomfortable situation. Marsha made a motion to approve this as recommended by Planning & Zoning and make the change to multi-family. Motion died for lack of second. Shawn made a substitute motion to deny this request. Discussion that this area can be looked at for future planning. Motion died for lack of second. 7 Discussion. Paul made a motion to deny the recommendation of Planning Zoning and leave this as it is. Motion was seconded by Shawn. Voting as follows: PaulayeMarsha nay Glenaye Shawnaye Nyleaye Donna returned to room. #13 De Jones - 1500 W. 500 South, single family to multi-family th #14- 7 So. West of RR , industrial to multi-family #15 - agriculture to multi-family #16 - agriculture to multi-family #17 - industrial to multi-family st De Jones - 107 E. 1 North De is requesting the change to multi-family, he feels this would be better, it would not be conducive for a single family home next to storage units and the highway. Russ VanAllen - 932 So. 1560 West Russ does not feel this property all falls into the same area. He wants to testify on the area of #13, the home there would be isolated by storage units and apartments. #14, the area is directly south and he is concerned that we are not taking into consideration current residents. He feels this property has not been industrial but is agricultural, if this is corrected he has nothing more to say. Rod Jones - 3660 W. Mountainview Rod has the L shaped parcel of property, it makes sense with townhouses and storage units going in that area. Multi-family would be a good breakup. Brent Anderson Brent would ask the Council to go along with recommendation of Planning & Zoning on the area #14. To the east of the property is medium density and high density zoning, on the south is a subdivision which borders the south of the property, on the west side of the property is the highway and on the other side of the highway are apartments in the county and on the north is storage units. None are great environments for single family dwellings and this change would be the best use of this ground. Ted Whyte - 610 Taurus 8 Ted stated that near #13 there is an additional piece which borders the canal to the storage units and includes 5 acres also for a change to multi-family. Stan Rowland - Youngward, Utah Stan represents property south of #12 and east of #13 and #14. He feels if this is all approved there will be a little island of Low Density left, if it was good planning to put Low Density there then some Low Density should be left close to it. If #12, #13, and #14 are changed it would leave the Low Density undesirable. If #12, #13 and #14 are approved for change he requests his property be changed. Planning & Zoning had recommended to not change #12 but to leave it Low Density Residential. Russ Van Allen - 932 So. 1560 West If this is the type of logic why is #14 being made into multi-family area. Why is there not more residential backing up to current neighborhoods which would be more fair and consistent. Mark Andrews- 666 Rimrock Dr. Mark stated in reference to area #14 he has looked for areas where there are open areas developing and leaning toward multi-family, this area is already building up in this regard. The area #12 was denied by Planning & Zoning for change and to leave it as residential. The #14 is bordered by a long stretch of freeway, the north is storage units and a large illuminated Wal-Mart bill board and would serve better with multi-family, this area would not be served well for single family. Testimony closed on this issue. Area #13 - Discussion. Nyle feels the recommendation from Planning & Zoning is good and he hopes they will take into consideration the homes in the area with buffering. Discussion of use of property. Nyle moved to approve Planning & Zoning’s recommendation on Area #13. Glen seconded. All voted aye, none opposed. Area #14 - Marsha made a motion to approve the change on recommendation of Planning & Zoning. Motion was seconded by Paul. Discussion. Paul will want to do zoning in such a way it takes into consideration a transition area of the neighborhood on the south side. Nyle feels they need to be cognizant of those people already located in the area. All voted aye, none opposed. Area #15 - This area is not in the impact zone. The County would like this to go into the City and will be fully cooperative. The Comprehensive Plan can go beyond the Impact Zone but the City will have no control 9 Paul made a motion to approve on the recommendation of Planning & Zoning, seconded by Nyle. All voted aye, none opposed. Area #16 - This area is also outside the impact zone. Nyle made a motion to go to single family as recommended by Planning & Zoning, seconded by Shawn. Discussion. All voted aye, none opposed. #17 - No action taken. It had been requested to leave this parcel off the changes. #11 - No action taken. It had been requested to leave this parcel off the changes. nd #5 - Earnest Jones - 255 W. 2 North - single family to multi-family rd Norman Ricks - 174 N. 3 West His wife testified last time and he will let that testimony stand showing they oppose the change. nd Norman Kington - 259 W. 2 North The Kington property adjoins the subject property which is not big enough to put an apartment house on it. The neighbors do not prefer to sell property for that purpose. nd Tom Williams - 246 W. 2 North Tom represents Jones in this transaction. He lives across the street and desires to do this so they could put two duplexes, where it is it has to stay with one mobile home. If the mobile home is moved a duplex could be put in there. They would like it done but understand it is spot zoning. Glen made a motion to deny this change on the recommendation of Planning & Zoning. Nyle seconded, all voted aye, none opposed. th #12 - Henderson Subdivision - 1500 West to 5 West - single family to multi-family nd Bill Henderson - 1535 So. 2 East Bill is building Phase 1 of this subdivision then they propose to build Phase 2. Earlier testimony has made mention of the fact that there is commercial and multi-family in the area, they would like their property zoned as multi-family to buffer from existing commercial so they could have control of their destiny. No one likes the idea of someone building apartments next to their home, but these people do not have to buy lots if they don’t want to live next to multi-family. He would use this as a transition. It will be an extremely nice subdivision, they would donate some to the city for a jogging path along the canal. Kurt Roland - Forsgren & Associates They are working with Hendersons on this project. The west side is all Medium Density, there is some commercial and everyone else is proposing Medium Density, this would be a good buffer between residential and commercial. 10 Close testimony on this issue. Glen questioned Planning & Zoning on their denial. Winston stated there was a strong statement on leaving it to single family, it seems to the commission they would like to see it remain single family. Marsha made a motion to deny this request on the recommendation of Planning & Zoning. Shawn seconded. All vote aye, none opposed. th #10 - Rik Wadholm - 347 So. 4 West - single family/commercial to multi-family th Rik Wadholm - 347 So. 4 West He is requesting this change to multi-family for this area which was approved by Planning & Zoning. Closed testimony. th Discussion that Planning & Zoning included the transition area but excluded properties facing 4 South. Glen made a motion to approve the recommendation of Planning & Zoning which was to change to multi family the transitional area on the map but to exclude those properties facing 4th South. Marsha seconded the motion. All voted aye, none opposed. #1 Teton View Drive-In, single family to commercial Nyle moved to approve Planning & Zoning’s recommendation to change to commercial, seconded by Glen. All voted aye, none opposed. #2 Walker Property - North Barney Dairy Rd. - AG1 to multi-family Nyle moved to follow the recommendation of Planning & Zoning and approve the change to multi-family. Motion was seconded by Shawn. Discussion. All voted aye, none opposed. nd #3 Lorin Clements - 7 East 2 NorthSingle family/open space to multi-family - Stephen read a letter which had been submitted by Lorin Clements. Discussion. Stephen reviewed the location of the property in question, the north half would be changed to accommodate a 4-plex. This would have to serviced by a hard driveway. Nyle feels this would be a spot zoning situation. Nyle moved to follow the recommendation of Planning & Zoning and deny this request. Motion was seconded by Marsha. Discussion. Nyle withdrew is motion, Marsha concurred. 11 Paul made a motion to take the north fifty percent of the Madsen, Clements and Harris properties and change to multi-family on the Comprehensive Plan. Shawn seconded the motion. Discussion. Voting as follows: PaulayeNyle nay Marshaaye Shawnaye Donna aye Glen aye Motion passed. nd #4 - Zollinger Construction - 2 North by RR tracks - industrial to multi-family Nyle moved to approve on the recommendation of Planning & Zoning. Motion was seconded by Paul. All voted aye, none opposed. #8 - Scott Hurst - Westside Estates Trailer Park, single family to multi-family Nyle made a motion to follow the recommendation of Planning & Zoning and leave as is. Marsha seconded the motion. All voted aye, none opposed. Motion passed. #19 - Airport & Baker Trailer Court, industrial to commercial st D. J. Barney - 410 W. 1 North No particular interest in this property but his interest is that his business is industrial in the Comprehensive Plan. Where does the City Council see his type of business located. Erickson Pontiac has a towing business but is small compared to his. When he is looking at relocating would the Council rather him locate to Industrial or Commercial. Discussion. Nyle moved to approve this change on the recommendation of Planning & Zoning. Motion was seconded by Paul. All vote aye, none opposed. Paul complimented the staff for their superb effort and support in these hearings. Meeting was adjourned at 11:15 p.m. __________________________________________ Bruce Sutherland, Mayor 12 ________________________________ Marilyn Wasden, City Clerk 13