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HomeMy WebLinkAboutP&Z MINUTES MARCH 16, 2006 ORM F EQUEST R RAVEL T P&Z LANNING ONING M INUTES 12 N. Center (PO Box 280) Phone: 208-359-3020 x312 Rexburg, Idaho 83440 Fax: 208-359-3022 www.rexburg.org planning@rexburg.org March 16, 2006 Commissioners Attending: City Staff and Others: Rex Erickson – Council Member Kurt Hibbert – P&Z Administrator Winston Dyer– Chairman John Millar – Public Works Director Mike Ricks Mary Ann Mounts Steven Zollinger – City Attorney Joe Laird Thaine Robinson Natalie Powell – Compliance Officer Randall Porter Mary Haley Emily Abe – Secretary Chairman Dyer opened the meeting at 7:03 pm. Chairman Dyer introduced Dan Hanna, who will be appointed to the Planning & Zoning Commission. Roll Call of Planning and Zoning Commissioners Mary Ann Mounts, Thaine Robinson, Randall Porter, Joe Laird, Winston Dyer, Mary Haley, Mike Ricks, Dan Hanna David Stein, Ted Hill, and Charles Andersen were excused from the meeting. Minutes: A. Planning and Zoning meeting – March 2, 2006 Corrections: - P. 10 – Voting on the motion - Chairman Dyer and Thaine Robinson’s voting positions are reversed. - P. 7 – Under Kurt Hibbert’s comments - change “Lue Clements” to “Louis Clements.” Mike Ricks motioned to approve the minutes for February 16, 2006 as amended. Thaine Robinson seconded the motion. Dan Hanna abstained. None opposed. Motion carried. Compliance: Chairman Dyer introduced Natalie Powell, Rexburg’s Compliance Officer, and invited her to report on recent compliance issues. 1 Natalie Powell handed out copies of the City of Rexburg Notice of Violation. She invited the Commissioners to fill out the bottom portion of each violation notice they use and return them to her so she can follow up on the different situations. The Commissioners will also receive a form at the next meeting to track and report compliance issues. Natalie explained she has been working on various compliance issues, from life safety issues to complaints received at the Mayor’s office and Chief’s office. Several of these issues are now closed. Natalie gave each Commissioner her contact information and asked them to contact her with any concerns. Public Hearings: th 7:05 PM – Rezone request from RR1 to GBD at Highway 33 and 12 West – (“My Storage” and Neighbors) Kendall Christensen: Project manager and contractor, representing Dave Christensen. He presented the plan for the Christensen property, which includes various types of storage units. They plan to develop the property in phases. Chairman Dyer reminded the commissioners that this is a rezone request, and approving the rezone would not be an action of approving the presented plan. Thaine Robinson pointed out this property is in the impact area. He asked if the applicants needed City services in the area. Chairman Dyer said the application indicated they wanted to connect to City services. He explained that in the past, the City has not extended their services beyond the City limits, but they have changed their policy to allow this on a case-by-case basis. Kendall Christensen said Dave Christensen has talked to the City and they have agreed to provide water and sewer services to the site. Chairman Dyer said the new policy also says if you do hook up to City services outside the City boundaries, it is an implied consent to annexation at some point in time. Kendall said this is understood and is not a problem. Chairman Dyer noted a very clear statement of one of the applicants that they do not want to be annexed into the City, because they would lose their liquor license and rights to sell on Sunday. He wondered what this applicant thought about the implied consent to annexation. James McFarland said he doesn’t want to be annexed at this time, and he doesn’t need the City services. He only wants the zone change. th Joe Laird said they would have to look at the right of way on 12 West to possibly accommodate a wider street. He is also concerned with the flood plain in the area. Kurt Hibbert said the properties are outside the flood plain. Thaine Robinson asked what the effect would be on the small road on the property. Kurt Hibbert said the road is dedicated with a forty (40) foot right of way most of the way, but there is a piece that is drawn incorrectly on the th map. The neighborhood is working to make it a through-road with access onto 12 West. Randall Porter asked if this rezone conforms to the Comprehensive Plan. Chairman Dyer answered the area is commercial in the plan. Chairman Dyer opened the public input portion. In Favor: None Neutral: th Robert Casper: 109 North 12 West. He stated concern with the possibility of a wall being built. He wondered how tall it would be and how far back it would be set. 2 James McFarland: owner of Mother Hibbard’s Country Store. He is not in favor of annexation, neither now nor in the future. th Rick Hill: 111 North 12 West. He does not want to be annexed into the city, and is worried about what effect this change would have on his property. He is worried about property value, traffic, and extra noise. Sidney Pierce: owner of the property adjoining David Christensen’s land. He does not want to be annexed. He is also worried about the effect this change would have on his property in the future. Opposed: None Chairman Dyer closed the public input portion. Chairman Dyer asked Kurt Hibbert to clarify that this is not an annexation request, but is a rezone request. Kurt Hibbert affirmed this as correct. Chairman Dyer re-stated that if the city agrees to extend City utilities to the property, it is an implied consent to annex in the future. Kurt Hibbert said not all of the applicants are requesting City services. Mary Ann Mounts reminded the Commission that this is only a zone change request, and they should focus on whether or not it complies with the Comprehensive Plan. City Attorney Stephen Zollinger pointed out the road is not included in the request. The map that was sent out to the neighbors included the road, but this is not included in the rezone application. Mary Haley commented perhaps the applicant should have asked for a different zone, since what they are planning does not fit into the zone they have requested. Mike Ricks agreed. Chairman Dyer noted the area is commercial on the Comprehensive Plan. He said the commission should deliberate and make a decision on the question that has been brought forward. The Commission discussed this issue further. The applicants expressed a desire to withdraw their application. Mary Haley motioned to deny the rezone request, due to its inconsistency with the applicants’ plan. Mike Ricks seconded the motion. Mary Haley amended her motion to include the recommendation that the City not charge the applicants for a subsequent rezone application on the same property. Mike Ricks seconded. Dan Hanna abstained. None opposed. Motion carried. New Business: A.Final Plat – Willow Brook Estates, Division 4 Kirby Forbush 3800 W. 1000 N. He presented the final plat to the Commission. The only difference between the previously approved preliminary plat and the current final plat is the phase number of the development. The phone company didn’t have enough cable to reach in the direction they initially intended to develop, so they are developing phase 5 before phase 4, but calling the current development phase 4. Chairman Dyer asked if anything else had changed from the Preliminary Plat. Only the phase number had changed. 3 Joe Laird asked why they did not dedicate all of Artic Willow Drive. Kirby Forbush said they did this so they could have control over what would go on the other side if it ever developed. The Commissioners discussed the need for a development agreement on the spite strip on Artic Willow Drive. Mike Ricks asked about the right of way. Kirby Forbush said the preliminary plat was approved with a fifty (50) foot right of way. This phase will be developed as approved on the preliminary plat. Randall Porter asked where the drain off is. Kirby Forbush said the sidewalks are adjacent to the right of way, and there is a twelve (12) foot drainage swell that goes around the whole perimeter of the property. He said the soil has a lot of clay, and it is advantageous to remove the clay and put sand with grass over it. They don’t want to ground to stay wet all summer long. Randall asked how he keeps those areas from becoming weed patches. Kirby said they can’t put pavement in; they will put in grass. Mary Haley motioned to approve the Final Plat for Willow Brook Estates, Division 5, recommending the phase be changed to division #5, with the stipulation that an agreement for dedication of the right of way on Artic Willow Drive be executed by the City. Thaine Robinson seconded the motion. Dan Hanna abstained. None opposed. Motion carried. Chairman Dyer called for a five minute break. Unfinished/Old Business: A.Comprehensive Plan Kurt Hibbert said he had a few good comments on the SWOT analysis, and asked any commissioners with anything to add to let him know as soon as possible. Kurt Hibbert presented the proposed Preferred Land Use map amendments. He explained the City had received a petition from a property owner on the North Interchange. He showed how the flood plain had been superimposed on the map. He also pointed out some proposed roads that have been put on the map. Mary Haley pointed out a proposed road missing on the map. Chairman Dyer pointed out there is a master plan for other roads that could be included on the map. Mike Ricks asked if there had been any talk about having another way across the Teton River. Attorney Zollinger said the traffic study conducted last year recommended a second crossing. The commissioners discussed the possible location of this crossing. They pointed out other areas that did not show up very well on the map. Kurt Hibbert said they will have a follow-up discussion on the map presented. Eric Smith from the GIS department will describe some of the options to the Commissioners at the next meeting. The Commissioners discussed possible changes to the Comprehensive Plan map. Chairman Dyer said the joint City-County Committee has been looking at the designations around the jurisdiction boundaries and trying to adopt some common terminology and definitions. They want the designations to mean the same thing in all the jurisdictions. The Committee listed categories existing in each of the jurisdictions and tried to match them up across the board. They determined Rexburg should add a designation for manufacturing, separate from industrial. Manufacturing would be for more enclosed production, whereas industrial would be for 4 more open production. Chairman Dyer said the committee also discussed using a trans-agricultural designation in the place of the agricultural designation to recognize that they expect these areas to transition to another type of land use. He said Sugar City agreed to make some changes to their designations as well. The GIS departments will work to have similar color schemes. Kurt Hibbert said the point was made that all the jurisdictions were willing to refer to the City/County GIS department to recommend the colors. Non controversial Items Added to the Agenda: Chairman Dyer said the minutes from the previous public hearing on Bonnie Anderson’s Comprehensive Plan change request were included in the Commissioners’ packets for their information. Randall Porter asked if the City had anything in the ordinance on where storage units could be built and what they should look like. The Commissioners discussed this issue. Something needs to be added to the ordinances concerning this. Tabled requests: st A. Rezone request from MDR1 to CBC at 330 West 1 South – (Interwest Cabinet) th B.Rezone request from RR to LDR2 at 1139 East 9 North – (Titan Development) Report on Projects: None Building Permit Application Report: None Heads Up: Chairman Dyer adjourned the meeting 9:27 pm. 5