Loading...
HomeMy WebLinkAboutP&Z MINUTES NOVEMBER 16, 2006 Planning & Zoning Minutes November 16, 2006 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 Fax: 208.359.3022 www.rexburg.org Commissioners Attending: City Staff and Others: Winston Dyer – Chairman Gary Leikness – P&Z Administrator Ted Hill Thaine Robinson John Millar – Public Works Director David Stein Mike Ricks Emily Abe – Secretary Dan Hanna Mary Ann Mounts Chairman Dyer opened the meeting at 7:02 pm. Roll Call of Planning and Zoning Commissioners Mike Ricks, Dan Hanna, Winston Dyer, David Stein, Thaine Robinson, Mary Ann Mounts, Ted Hill Charles Andersen and Randall Porter were excused. Minutes: A. Planning and Zoning meeting – November 2, 2006 Corrections: P. 4 – Thaine Robinson did not vote on the motion, since he had stepped down with a conflict of interest. P. 3 – Under David Stein’s comments, change the first sentence to “…this conditional use is allowed by right, and we are charged to put conditions on the use.” Mike Ricks motioned to approve the minutes for November 2, 2006 as amended. David Stein seconded the motion. Dan Hanna and Mary Ann Mounts abstained for having not been present. None opposed. Motion carried. Public Hearings: 7:05 pm – Annexation & Rezone – Eaglewood Enterprises, etc. Gary Leikness introduced the Annexation and Rezone application. He pointed the areas out on the map. Area #1 Sally Smith, 460 Rolling Hills Drive, owner and applicant of area #1. She said the property is in the overlay zone for the airport. They are negotiating with the City, who has made an offer on the property. They want the property 1 annexed, since it raises the property value. She also represents Leola Niederer, who owns the other property in this area. The Commission discussed this area. Area #2 Judy Hobbs, Realty Quest, 117 West Main Street. She said this property is an island surrounded by City property. It is a proposed sale, and the new purchasers are visiting with the City. They have discussed that perhaps the th applicant would have to agree to the right of way for 7 South in order to be annexed. The purchasers of the property are willing to do that. They are requesting the highest zone, LDR1. th The Commissioners discussed 7 South. Gary Leikness said a condition of annexation could be an agreement between the applicant and the city for the th dedication of the right of way for 7 South. Area #4 Gary Leikness said the subdivision and the road have already been platted on the property. This is a clean-up item. Area #3 Gary Leikness pointed out area #3 on the map. John Millar said the applicant has constructed a new building, and seeks to connect to city sewer. The City Council has said that in order to connect to the city services, you have to be annexed if you are annexable. David Stein said a few months ago they spent at least three (3) hours on the design review of the building on this property. The specifications were not met, since he is not in the city limits. The building is now built and it does not adhere to the city standards. He asked if it is now being annexed so it can be hooked up to city services. He asked if it would have been known in the design phase of the building that it would need to be part of the city to be attached to city services. John Millar said the county issued the building permit. He said the city required the applicant to apply for annexation in order to hook up to city services. The Commissioners decided to hear and deliberate each area individually. Area #1 Chairman Dyer opened the public input portion for area #1. In favor: None Neutral: None Opposed: None Written Input: None Chairman Dyer closed the public input portion for area #1. 2 Chairman Dyer declared a perceived conflict of interest. He is the City’s agent for acquisition of the right of way. However, he does not have any material interest in the outcome of this discussion. The Commission and applicant did not have any objections to his participation. Thaine Robinson said he does not see any problem with the annexation, but the RR1 zone does not fit there. David Stein said he would only change the zone if the intent is for it to be used as a different zone. He would leave it as it is until the sale goes through. The Commissioners discussed possible zoning for the property. Mary Ann Mounts motioned to recommend to City Council to annex area #1 with the with the current RR1 zoning. Dan Hanna seconded the motion. Chairman Dyer abstained. None opposed. Motion carried. Area #2 Chairman Dyer opened the public input portion for area #2. In favor: Ted Whyte, 369 Eagle Court. He represented the Eagle Court Townhome Association. He supports the annexation. He knows annexation is a stepping stone for developing, platting, and subdividing. In behalf of their subdivision, they would like this land to be developed with the same standards, size of lots, and quality. They would like larger lots as platted in the Harvest Heights and Eaglewood subdivisions. Eaglewood Phase 1 would like to be involved in the future development of this property. Neutral: None Opposed: None Written Input: None Chairman Dyer closed the public input portion for area #2. Dan Hanna motioned to recommend to City Council to annex area #2 and zone it LDR1. Mary Ann Mounts seconded the motion. Dan Hanna amended his motion to recommend to City Council to annex area #2 and zone it LDR1 with the th condition for the extension of the right of way for 7 South. Mary Ann Mounts seconded the motion. Mike Ricks said this easement ought to be in writing, prior to the annexation of the property. John Millar said it would be appropriate to complete an annexation agreement. Dan Hanna amended his motion to recommend to City Council to annex area #2 with an LDR1 zoning designation, with the condition that a written annexation agreement be developed between the owner and the City th of Rexburg to address the alignment and right of way for 7 South. Mary Ann Mounts seconded the motion. 3 None opposed. Motion carried. Area #3 Chairman Dyer opened the public input portion for area #3. In favor: None Neutral: None Opposed: None Written Input: None Chairman Dyer closed the public input portion for area #3. Mary Ann Mounts said this could set a dangerous precedent. If they are annexed, they should have to try to address the design standards now. The Commissioners 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 in compliance with the Commercial Design Standards for the City of Rexburg. Ted Hill seconded the motion. Mike Ricks said he doesn’t feel like we should penalize this development when there 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 from the Impact Area. The unanimous vote of those three (3) can trump the rest of the commission, since the area in question is outside the city limits. David Stein said when the building came to the Design Review Committee, it was after the parts were built and the hole was dug. Much of the discussion was coming up with Design Standards that would allow them to comply within what they had already bought and started. There was a great deal of accommodation on the part of the city. There are things that can be done to the building to take 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 Commissioners discussed Design Standards in the Impact Area. Those in favor: Those opposed: Chairman Dyer Mike Ricks Dan Hanna David Stein Mary Ann Mounts Ted Hill Thaine Robinson Motion carried. 4 Area #4 Chairman Dyer declared a perceived conflict of interest, in that he is employed by the applicant. He does not have a material interest in this particular decision. The Commissioners did not oppose to his participation. Chairman Dyer opened the public input portion for area #4. In favor: None Neutral: None Opposed: None Written Input: None Chairman Dyer closed the public input portion for area #4. Thaine Robinson motioned to recommend to City Council to annex area #4 with an RR2 zoning designation. Mary Ann Mounts seconded the motion. None opposed. Motion carried. Unfinished/Old Business: New Business: A.Preliminary Plat – Valley View, Division 6, Phase 3 Chris Park, Schiess & Associates. This plat is a continuance of the other divisions of Valley View that have already been platted. Sunrise Drive will comply with City standards. Fifty (50) feet of right of way will be dedicated on their side of the road, regardless of the current width of the street. He discussed city service connections. The Commissioners discussed the plat. Gary Leikness pointed out some possible conditions of approval for this plat. 1) Installation of curb, gutter and sidewalks on Sunrise Drive to city standards. 2) No access from the lots will be allowed onto Sunrise Drive. 3) The cul de sac shall be named prior to final platting. Mary Ann Mounts motioned to approve the Preliminary Plat for Valley View, Division 6, Phase 3 with the condition that City staff approval is obtained prior to final submittal. Thaine Robinson seconded the motion. None opposed. Motion carried. David Stein was excused at 8:34 pm. B. Comprehensive Plan Map Amendments Schedule Gary Leikness said we had a deadline of November 1, 2006, for city members to apply for Comprehensive Plan Map amendments. We have received two (2) applications. Staff needs more time to define the city initiated 5 Comprehensive Plan Map amendments. The citizen applicants are in no rush to get the designation on their property changed. He proposed that we hold the public hearing for the Comprehensive Plan Map amendments on January 4, 2007. The Commissioners discussed this issue. Mary Ann Mounts motioned that due to the change in staff, we postpone this public hearing for Comprehensive Plan Map amendments until January 4, 2007, with the understanding that barring any other unforeseen problems, we don’t do it again. Motion died. Thaine Robinson motioned to postpone the public hearing for Comprehensive Plan Map amendments to January 4, 2007. Dan Hanna seconded the motion. Those in favor: Those opposed: Thaine Robinson Chairman Dyer Dan Hanna Mary Ann Mounts Ted Hill Mike Ricks Motion carried. Emily Abe pointed out the possible staff-initiated proposals for amendments to the Comprehensive Plan Map. Gary Leikness said staff will bring a more complete map for discussion to the next meeting. Compliance: Non controversial Items Added to the Agenda: Chairman Dyer introduced a letter from Michael and Shannon Packer, who own the parcel in the Northwest corner of Harvest Heights subdivision. He said Shoshone Avenue, if extended, would run into the house. Half the street has been dedicated by the adjacent subdivision. There was a deviation of the alignment proposed to keep the road to the west of the Packer property, but immediately adjacent to it. Shoshone Avenue offers the opportunity to th collect traffic and get it from neighborhoods to 7 South, a major transportation arterial. Mary Ann Mounts asked how close the road would be to the Packer’s property line. John Millar said there are three (3) feet between their house and their property line. There would be twelve (12) feet from the property line to the curb. There would be fifteen (15) feet from the edge of his house to the curb. Chairman Dyer clarified that we are not asking for any action or decision on this. They only want the Commission to be aware of a very legitimate concern, so that as additional development proposals come forward, these things can be taken into consideration. Chairman Dyer said he was given a private copy of the letter, and asked that each of the Commissioners receive one. He appreciates Mr. Packer’s positive, upbeat attitude on the situation. __________ John Millar suggested the Planning & Zoning Commission recommend to City Council that they formalize an agreement between the City and the County on administration on areas in the Impact Area. 6 Mary Ann Mounts motioned to recommend to City Council that they formalize the development agreement between the City and the County on administration on areas in the Impact Area. Mike Ricks seconded the motion. Gary Leikness said staff would draft a letter for the Planning & Zoning Commission to sign regarding this request. None opposed. Motion carried. __________ John Millar said we need to bring to light the importance of getting rid of islands inside the city limits, so we have better control of what is built. He said we need to work on this piece by piece, without forcing annexation on anyone. The Commissioners discussed this issue. __________ Chairman Dyer proposed that with all the service the Planning & Zoning Commission has rendered throughout the year, we vote to dispense with our December 21 meeting and let everyone enjoy the Holidays. Mary Ann Mounts motioned to cancel December 21, 2006 meeting. Dan Hanna seconded the motion. None opposed. Motion carried. Report on Projects: Tabled requests: A. Discussion on pages 76 through 240 of suggested Development Code Revisions Gary Leikness said he is not yet comfortable bringing suggestions before the Commission concerning the Development Code, since he has not had time to finish reviewing it in depth. He recommended postponing this discussion on the development code. He reassured the Commission that this is a top-priority for him, and he is working on it. He suggested breaking the discussion down into thirds of the ordinance. He will try to have the first 1/3 of the ordinance ready for discussion at the January 4, 2006 meeting. Building Permit Application Report: Heads Up: A.Rezone – Powell Subdivision Public hearing will be held December 7, 2006. B.Conditional Use Permits – Powell Subdivision Public hearing will be held January 4, 2007 C.Comprehensive Plan Amendments Public hearing will be held January 4, 2007 Chairman Dyer adjourned the meeting at 9:53 pm. 7