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.
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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.
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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.
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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.
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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
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