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HomeMy WebLinkAboutP&Z MINUTES MAY 05, 2005 ORM F EQUEST R RAVEL T P&Z LANNING ONING M INUTES 19 E. Main (PO Box 280) Phone: 208-359-3020 x326 Rexburg, Idaho 83440 Fax: 208-359-3024 www.rexburg.org comdev@rexburg.org May 5, 2005 Commissioners Attending: City Staff: Winston Dyer– Chairman Steven Zollinger – City Attorney Rex Erickson – Council Member Kurt Hibbert – P&Z Director Ted Hill Mary Ann Mounts Bethany Caufield - Secretary Randall Porter Stuart Wells Joseph Laird Thaine Robinson Mike Ricks Chairman Dyer opened the meeting at 7:15pm Roll Call 1. Minutes Corrections were made. Randall PorterThaine Robinson moved to approve the minutes subject to the clarifications. Motion carried seconded the motion. None opposed. . Mike Ricks arrived after the minutes were motioned and approved. 2. Public Hearings: None 3. Unfinished/Old Business: A. Code Amendment Review Kurt Hibbert reported that he and Bill Hamlin have been going through and making amendments to the Code that were published and advertised for public hearing. They have also noticed several other things so they will have to have a secondary round of hearing and amendment process. An example is in Chapter 8, the criteria of defining the zones and the restrictions of the zones were added. He and Bill have also been taking out erroneous references to City Code that they do not have. The use tables have been amended, both uses given by right as well as conditional uses. Kurt Hibbert commented that one thing that was brought up last night was to get the design standards for benches, lighting, etc. 1 Chairman Dyer asked if there were there certain provisions the commissioners need to be made Kurt Hibbert aware of that might change where they are headed. replied that there is nothing that the Commissioners have not discussed already. He said that Bob Sherry made the comment that Design Standards are wonderful, but it needs to be equally applied with standards in all of Kurt HibbertBill Hamlin the zones. and are also working on getting all of the loopholes eliminated. Randall Porter suggested that the man that came about six months ago who was interested in the lighting ordinance, Allen Morton, should be contacted to work with Kurt Hibbert in finishing the lighting standards. B. Impact Area Chairman Dyer reported there were no decisions or conclusions regarding the Impact Area in the tri-meeting prior to this meeting. Kurt Hibbert explained that GIS prepared an impact area request map. It does overlay that Southeastern quadroon of the North Rexburg interchange. With the request that came in for the Comprehensive Plan change from a developer, they drew a line and apparently negotiated with North Sun sunbow in Sugar City. On the South part, they went to a sixteenth section, a quarter section line, rather than 300 feet. Everywhere else in the impact area map, they followed the guidance and a criterion that was discussed two meetings ago. Chairman Dyer commented that Sugar City was most concerned that whatever is done in the impact area will have a profound impact on them; the quality of life and the direction it goes. C. Walgreen’s Update Chairman Dyer reported that the City Council did move to approve the development of Walgreens last night. Council Member Erickson thanked the review board that was set up for Walgreens; they did an excellent job. It turned out really well. He pointed out that had they not had those Design Standards in place, they wouldn’t have had the mechanism needed and ended up where they did. D. Request for a fence extension – Wendell Archibald nd Wendell Archibald – 360 W 2 S. He is putting up a fence and it is right on the border line of the Public Right of Way. He is requesting to put one more six foot panel. (Mr. Archibald passed out two sets of pictures that he took of his property). He explained that the first panel with be put right on the end of the public right of way, and the second panel is what he is requesting. The property is actually on a downward slope so the fence is actually shorter than six feet in comparison with the sidewalk. Putting up the fence will help lessen the noise from the trains that pass by behind his property. Mary Ann Mounts was concerned that the fence would conceal a train coming. 2 Kurt Hibbert arrived and explained that he went to the property to look at it. As Wendell Archibald described, there is a significant slope from the road down to his backyard. There is a huge tree which Mr. Archibald would like to get on the outside of it. Visually, the fence is not has high as what it would otherwise be because the road is so high. Kurt Hibbert also explained that there is nothing in the ordinance that allows one to treat a side yard or a back yard differently. There are active warning devices on both sides of the railroad tracks. Chairman Dyer felt that they do not have any business here putting a private fence out in the City Right of Way; they would never hear the end of it. He would be favorable to see the fence on the Right of Way, and allow it to be slightly higher because of the grade differential between the yard and the street. Mike Ricks does not feel good about putting things on the City of Right of Way. Mary Ann Mounts is concerned that it is a dangerous precedence unless it is a variance that the City caused by the fill, so other people could not do that same thing; so that everyone would not want to put a fence in. Chairman Dyer could not see any conditions that would allow such a thing. Thaine Robinson felt it would be wise to stay with the property line. Chairman Dyer asked if Mr. Archibald is going to plant and maintain the area between the fence and the street. Wendell Archibald confirmed that he is. Mary Ann Mounts motioned that he be allowed to keep the height, a 6 foot fence, because the Mike Ricks fill that goes down, but it has to stay on the property line. seconded the motion. Motion carried None opposed. . 4. New Business: A. Willow Brook Phase 3 Final Plat – Willow Brook Partners – 05 00128 Kirby Forbush - 3800 W 1000 N in Rexburg. In 2003, they presented a Preliminary Plat of phases 2-5, 55 lots. He wants to start this next phase which includes 15 lots on 8 acres. When they did this, it was in conjunction with the city extending the sewer across the highway so they could line up the roads and so the sewer would be in the road right of way. Thaine Robinson asked what the current zone was. Kirby Forbush answered Rural Residential Two (2) Zone. Randall Porter asked if the current zone or the current sub-development requirements require a certain percentage of green space for the overall development in talking tonight. Kirby Forbush answered that at the time this was approved, there were no requirements. 3 Randall Porter inquired about a Homeowners Association. Kirby Forbush said that they have established a review board that he and Dick Hill are in control of until the lots are built, then they turn it over to the owners and they continue with a Homeowners Association. Chairman Dyer reviewed the staff report. Staff found no problems with the plat. Chairman Dyer declared an apparent conflict of interest in that he has done work for Mr. Forbush before, but has nothing to do with this particular plat; therefore, requested to remain in deliberation unless anyone would suggest otherwise. (Commissioners had no problems with Chairman Dyer remaining in deliberation). Randall Porter asked if there was a plan for the water from the snow runoff for a place for it all Chairman Dyer to go. explained that in the RR2 zone, there are wide borrow pits where the water is able to drain, and that is how the storm drain is handled. That was done to create the countryside appeal. Thaine Robinson inquired for clarification that each house has an indent ditch in front of their Chairman Dyer house. confirmed that was correct. Mike Ricks asked if the roadway connects somewhere else by lot number 12. Kirby Forbush explained that there is a loop around the whole property, having two entrances into the development. Randall Porter motioned to approve the Final Plat plan of the Willow Brook Estate Division Mary Ann MountsMotion carried number three (3). seconded the motion. None opposed. . B. General Growth Area Kurt Hibbert reported that on the Annexation Policy Map they identified several areas that seemed really logical for subsequent annexations in the City. They either have projects that are happening there, subdivisions or other growth issues, or transportation needs or infrastructure needs. There are several different criteria listed that identified several areas of the City that if they receive an application in those areas, the City would to consider not just the individual parcel, but the entire area so that it would become a logical planning block. Chairman Dyer asked if they needed to establish policy on that and does it belong in the code book. Kurt Hibbert replied that he thinks it does. The discussion has been, if the City had an annexation policy and it was followed and based on the State Code as its foundation, and it was written and adopted by the city and also by the county, they would know what the terms were and the process if someone did request annexation, it would be clear as to why the City was initiating that process. 4 Mike Ricks asked how they prevent having all of these small properties slowly becoming Kurt Hibbert annexed instead of a large area coming in all at once. replied that he is working with Steven Zollinger on an annexation policy. 5. Non controversial Items Added to the Agenda: A. General Planning Discussion Kurt Hibbert explained that three years ago, a list was made of things he and the Commission would like to see get done. Most of them are taken care of, but it needs to be updated and get a new fresh list. It seems to work well when written down. Chairman DyerRandall Porter was excused due to an unexpected event. continues acting as Chairman. 6. Tabled requests: None 7. Report on Projects: None Kurt Hibbert Note: commented that Stuart Wells is graduated and will be leaving Rexburg. Chairman Porter thanked Stuart Wells for his input and enthusiasm for this work on the Planning & Zoning Commission and also for being able to take care of his schoolwork simultaneously. Meeting adjourned at 9:10pm 5