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HomeMy WebLinkAboutP&Z MINUTES AUGUST 04, 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 August 4, 2005 Commissioners Attending: City Staff: Winston Dyer– Chairman Mayor Shawn Larsen Irma Anderson – Representing Rex Erickson Steve Zollinger – City Attorney Randall Porter Mike Ricks Kurt Hibbert – P&Z Director Joe Laird Ted Hill Bethany Caufield - Secretary David Stein Thaine Robinson Charles Andersen Roll Call 1.Minutes: July 21, 2005 Mike RicksRandall Porter moved to approve the minutes for July 21, 2005. seconded the motion. None Motion carried unanimously. opposed. Chairman DyerDavid Stein & abstained. 2.Public Hearings: A.Todd Smith & Rexburg Heights Annexation/Rezone Kurt Hibbert explained that the current zoning in the Rexburg Heights Subdivision would be maintained as Rural Residential 1 (RR1). The proposed zoning of the two parcels in Area 2 will be Medium Density Residential, which allows up to sixteen (16) units per acre. All of the parcels in Area 1 did not petition for annexation. David SteinKurt Hibbert asked how long Rexburg Heights had been on city services. replied about thirty (30) years now. Area 1: Chairman Dyer opened the public input portion. In Favor Kenneth Burt – 1339 Meadow View in Rexburg Heights. He had signed the petition. Didn’t feel the petition was opposed to the annexation. He was concerned about the snow removal. Written Input: Letter from Chuck & Linda Porter. They were in favor of annexing the referred subdivision. They felt it would be unreasonable to except that this neighborhood should be excluded from the City while all of the surrounding properties are part of it. Neutral Richard Smith – representing Brigham Young University of Idaho. He explained that the University did not request the annexation. They make no determination whether it is right or wrong. Their current intent is to continue the agricultural use for that property; they have no plans to do anything different on that property at 1 this time. With respect to the University’s position, they would yield to what ever the Commissioners and City Council determine orderly and necessary. Opposed Greg Moeller – 1302 Meadow View. He was asked by their neighborhood committee to serve as a spokesman to make an opening statement on behalf of the signatories to a petition that was previously filed to the City. Sixty-five (65) of the sixty-eight (68) neighbors signed the petition. The petition is characterized as opposed to the annexation. Some of the major concerns were the impact on taxes and fees and snow removal. They felt that one way to alleviate the tax increase would be a retroactive removal of the existing 33% water surcharge for this summer. That would provide some relief and allow people to be better prepared for the increased taxes. Regarding the snow removal, they were concerned about the City’s ability of meeting those needs. They felt the City currently lacks the necessary equipment. Those sixty-five (65) of the sixty-eight (68) residents petitioned the Mayor and City Council to join with them in a “Good Faith Agreement” incorporating the terms on Page 3 of the petition from Rexburg Heights. Robert Franz – 1281 Meadowview Ave. He agreed with everything that Greg Moeller had stated. He proposed that they make a table or postpone annexation at this time until the problems can be addressed properly. Donald Donahoo – 54 W Poleline Rd. Feels that no matter what happens, the County will continue to plow his road. He’s not concerned about the snow removal, but he is concerned about his neighbors. He supports Greg Moeller’s comments. He and his wife are worried about the tax increase because he is on a fixed income. He is opposed to the annexation until some of the issues already addressed are resolved. Jennifer Christensen – 1260 Fairview Ave. She likes the park-like setting. She is neutral about some of the things, but is against the annexation until the issues are resolved. She is concerned that in the future, they will be required to put curb and gutter in. She felt it would make it very difficult for her and her family to sell their home. She is also concerned about the snow removal. She requested that the City make sure they have the proper equipment with knowledge of how to use the equipment before they take on this task. She proposed that the property next to them (Valley View Estates) put in a park in that area so they have a park nearby. nd Shane Webster – 1370 S 2 E. He was not convinced that the County would maintain the roads like they have in the past. He felt that if the City and County have the opportunity to “pass the buck”, they are very willing to do that. He was concerned that if the City took on the responsibility of taking on Poleline Rd., they wouldn’t be able to do so. He was neutral as far as annexation. Ted Ashton – 1194 Fairview Ave. He concurred with Jennifer Christensen’s comments about the snow removal. He felt they would not be moving forward as a community if they were annexed. Pete Shaw – 1299 Meadowview. He commented that if it is not broken, don’t fix it. He felt that his community does not have any problems currently, but that they will have some if they are annexed. Written Input: Petition made by sixty-five (65) of the sixty-eight (68) residents of the Rexburg Heights subdivision. Chairman Dyer closed the public input portion. Charles Andersen declared a perceived conflict of interest because of his role and responsibility at the University. Randall Porter declared a perceived conflict of interest because he is a neighbor almost across the street from Rexburg Heights. 2 Thaine Robinson commented that he not going to declare a perceived conflict of interest because the college has declared that they are neutral in this, but he is also an employee of the college. There were no concerns expressed so the three commissioners remaining on the board. Mike Ricks commented that he had no problems as far as the area within the university, with the exclusion of the two properties in the university area. He felt that because of the length of time they have had with city services it would be appropriate that Rexburg Heights join with the City and help with the City since they have really enjoyed the biggest thing the City has to offer for thirty (30) years. He assumed that the County would continue to plow Poleline Rd. because it is a major Rd. and the property to the East and South would still remain in the County. He felt that regarding the snow removal, the elected officials make that decision on what they are going to do. Thaine RobinsonSteve Zollinger asked what equipment the County had that the City does not. reported that the County owns considerably heavier equipment of the same equipment the City buys. The City would be using basically the same equipment that the County uses for subdivisions. The reason they have heavier pieces of equipment are because they go out and plow considerably longer stretches of road at a considerably faster speed. He does not think that there is any question that Poleline Rd. will continue to be managed in a joint effort or that the County will continue to plow that road. Ted HillSteve Zollinger asked if there had been any response or discussion with City Council. explained that they have access to the petition and are aware of all the concerns of the neighborhood, but have given no formal response. David Stein commented that he is having a tough time coming to the conclusion that annexation is the right course. He feels it is important that the City be charging appropriate non-City resident rates for city services that are provided, and if that is not being done, perhaps it should be considered by the City. Thaine Robinson commented that the new development between them and Crest Haven Division is over one hundred (100) lots and there is a proposal from the Planning & Zoning Commission to possibly have a park (at least ten (10) percent) in there as one of the complainants was stating. To live outside of City limits and then take advantage of the park next to them in the City limits, it is difficult to justify both of those directions. Joseph Laird commented that there is storm drainage coming down a number of the streets that goes through one lot to another lot and cuts through them, going through many different people’s yards. Before that could be controlled, there would have to be curb and gutter. Another problem is the deterioration of the streets in that area. He didn’t see what value they are doing trying to annex the area because it has more problems than what we are capable of solving. Chairman Dyer noticed at the neighborhood meeting that many of the people who have had a great affect on the Community were not residents of the City. This particular subdivision has needed help on two specific occasions and it is interesting where they went for help. The first was when the septic tanks failed. Asking for the City’s help, the City came to the rescue and installed the sewer system and subsequently water. They were able to take advantages of the blessings of community living. The second was when the University recently had a plan to bring in power a different direction, which there would be an overhead power line. That created a great concern to the residents of Rexburg Heights. Legally, the City did not have any particular right to say anything in the outcome, but they were able to use their 3 influence and talk about the concerns raised. The University was very responsive and changed their plan of action. He supported some of the things they asked for, such as a relief of the surcharge this summer. He felt it should be considered for recommendation. The RR1 zone would protect their uses, and there would be no problem indicating in the record that the intent is to keep it that way. Snow removal is a big issue and something needs to be worked out before the City Council makes a decision. David Stein commented that if there is growth to the south, annexing the University piece would still keep it continuous with that, and perhaps at a later time Rexburg Heights could be annexed. Some of the concerns Joe have caused concern. He felt it should be kept in the County for now and let the County take care of the problems that they have. Randall Porter asked if it was realistic to expect that the impact zone will expand further South of Rexburg Chairman Dyer Heights or Poleline Rd. explained that the County recently asked the City to extend that the Kurt Hibbert next quarter mile. held up a map of the proposal of extending the impact zone. Mike Ricks moved to recommend annexation in all areas in Area #1, except for the two houses on the corner of the University property with the recommendation that the City Council consider the snow removal conditions with the residents in the Rexburg Heights Subdivision. Motion was dead No second was given. for lack of a second. Thaine Robinson motioned to recommend annexing Area #1 with the strong recommendation for the residents of Rexburg Heights Area that the desires of the petition try to find a resolve with the City Council; that they try Ted Hill to meet the conditions. seconded the motion. Charles Andersen asked about the piece of the previous motion talking about excluding Parcel Three (3) and Parcel Four (4); whether he wanted to include them or exclude them. Thaine Robinson amended his motion to exclude the two houses since they do not have City services at this Ted Hill time. seconded the amended motion. Joseph Laird commented that he would like to see as a condition that City staff look at the other areas of problems – the storm drainage and street conditions – and see if they feel like they are able to take care of these other problems. Thaine Robinson amended his motion to include that City staff review the storm drainage and street conditions Ted Hill to see if they feel like they are able to take care of these problems. seconded his amended motion. Randall Porter felt like they would continue to see the proposal again and again before the commission. If the Commission didn’t act on it now, they would continue to see the same group of people each time. He was in favor of the proposal as stated. Those in favor: Ted Hill, Thaine Robinson, Randall Porter, Joseph Laird, Chairman Dyer, Charles Andersen, Mike Ricks. Those opposed: David Stein Note: Chairman Dyer later realized that the motion for recommending approval for the zoning in Area #1 should have been included. (University District and Rural Residential 1). 4 Motion carried. Area #2: Kurt Hibbert reported that the petitioner came before the City Council in an emergency situation with failing septic tanks. They could not get a permit from District 7 Health Department. They petitioned the City Council to extend that infrastructure immediately pending this annexation process. The City Council honored that request and did connect the septic tank to the City system. They are now on the City of Rexburg’s sewer system. Todd Smith (Applicant) – 850 W 5000 S. Mr. Hibbert pretty much covered everything. Randall Porter asked if they had adequate parking to satisfy the needs of the apartments. Todd Smith replied that they do have enough parking. Thaine Robinson asked if there was anything else that would be out of compliance when coming into Medium Chairman Dyer Density Residential (MDR). explained that when bringing them in under existing land uses and conditions. Those things that are out of compliance with the code are then grandfathered in until the use is changed. Kurt Hibbert explained that it is annexable. It will conform to the density requirements under MDR, which is the recommended zoning. That is what is adjacent to it to the North. Chairman Dyer asked why the two parcels above the parcels in question were not included in the annexation. Kurt Hibbert reported that it was discussed at length with City Council. Council Member Erickson led the charge on discussing that situation. Mr. Hibbert was instructed to prepare and come prepared to include all of th the 5 West properties in a subsequent annexation. Joseph Laird brought up the point that there are places where there is not adequate right-of-way there. He asked Mr. Hibbert if there was any discussion with the applicant on getting the necessary right-of-way widths. Chairman Dyer asked Mr. Smith if he would be willing to make that a condition of annexation. Todd Smith replied that he would if it was a reasonable request. Chairman Dyer opened the public input portion. In Favor: None Todd Smith – 850 W 5000 S. He explained that he already had the City Council’s approval with the condition that he be annexed. The zoning fits with the surrounding area. Neutral: None Opposed: None Chairman Dyer declared the public input portion closed. Ted HillChairman Dyer declared a perceived conflict of interest. He works in the same office as Mr. Smith. Ted Hill asked if that would interfere with him making a fair, rational decision on this. replied that it would not interfere. 5 Mike RicksChairman declared a perceived conflict of interest. He is the applicant’s next door neighbor. Dyer Mike Ricks asked if that would interfere with him making a fair, rational decision on this. replied that it Chairman Dyer would not interfere. asked Mr. Smith if he was okay with Mike Ricks remaining on the board. Todd Smith replied that he was fine with it if Mr. Ricks felt it was okay. Ted HillMike Ricks Both and remained on the board. Chairman Dyer was in support of annexing Area #2. One of their charges is to protect the health and welfare through their planning and decision making. The only consideration he would give is to have a cooperative agreement that the property owner is comfortable with regarding the right-of-way problems. He suggested recommending to City Council to explore the options. Kurt Hibbert felt it should not be included in the motion; he felt it could not be linked because they don’t have anything to link it to. Mike Ricks thought it was a great move for him to be annexed into the City with the MDR zone. Charles Andersen motioned to recommend that the annexation go forward as to the request. Mike Ricks seconded the motion. Chairman Dyer commented that there was a great oversight on Area #1. It should have been stipulated the zoning that accompanied it. It was implied. He asked Mr. Andersen to clarify the zoning for Area #2. Charles AndersenMike Ricks amended his motion to include that they approve it as MDR zone. seconded the motion. Randall Porter urged the applicant to clean up the front yard, plant grass, and tidy the place up so it is more attractive from the road. Motion carried unanimously None opposed. . 3. Items Added to the Agenda: A. Impact Area Kurt Hibbert reported that on August 3, 2005 there was a tri-agency meeting with the City of Rexburg City Council, Sugar City City Council, and Madison County Commission. The main thing on the agenda was the discussion and presentation on the impact area that was discussed previously. He presented a map to the Commissioners. He did some projections on when the City of Rexburg would become the size of Idaho Falls, approximately fourteen (14) years if Rexburg grew at about half of what they are growing at currently. The map shows Rexburg in relation with the request of the impact area. The graphic plainly explains that the City of Rexburg has done better on their annexation control than the City of Idaho Falls. It does show self control and planning. Chairman Dyer reported that the County Commission was struggling because if they did go to a committee of nine (9) where there are three representatives of each entity, there would be three (3) from each city, and the County Commissioners would still have to break the tie. The County Commission would really like the two cities sit down and see if they can work out their differences and come to a compromise. 6 Mike Ricks commented that in the planning, it would be important to consider the number of High Schools. Idaho Falls has four (4) High Schools, and Rexburg only has one (1). B. Bike path Kurt Hibbert reported that Keller & Associates Company brought a projected lease to the three entities yesterday to have the entities make some commitments. They would like to build a separate off road system pathway between Highway 33 and the railroad tracks which would be transportation for bikes and pedestrians. There is an eighteen foot separation from the road and the pathway. They have agreed to work with the City and County in vacating certain redundant, and or improving certain unsafe crossings. They have a document on the table that is executable and as soon as they do that, construction can start as early as next spring with the County potentially doing preliminary work this fall. Chairman Dyer explained that Rexburg City Council voted on that last night to support that agreement on further review of legal council. They will ask the County Commission to do the same. Sugar City has some concerns, but there may be a compromise there. Charles Andersen asked what will be done with the space in between the pathway and the road. Chairman Dyer explained that it will be mowed and then over time, lighting and other amenities will be considered. C. Holes in the NBD zone Kurt Hibbert reported that the issue there is when they originally discussed Neighborhood Business District (NBD) zone it was about existing neighborhoods being able to take a home already constructed and converting that into business without having any major changes to the property. It is not quite described like that in the current NBD zone. The discussion was to take the nomenclature of NBD, pull it off what was just created, come up with something else for that, and apply NBD to a more residential friendly zone that has yet to be created. He requested to take it one step lower than the current complexity of use so they blend into the neighborhood a lot better. Chairman Dyer asked for clarification on if they are creating a new zone at a lower impact level and rename Kurt Hibbert the current zone, or are they taking the current NBD zone and altering it. replied that the Mayor would like to create a separate zone. He likes the NBD zone as the least complex commercial use in the neighborhood. He likes the current zone, but not the nomenclature of it. David Stein was concerned with creating a zone like that. He felt that having a business zone on the edge of a neighborhood is fine. It is controversial, but it would certainly reduce sprawl and traffic, etc. Commissioners will think about the proposal and continue the discussion in the August 18, 2005 P&Z meeting. Randall Porter requested that Kurt Hibbert write up some points regarding this issue, laying out the problem and potential solutions that have been thought of so far. Meeting adjourned at 10:30pm. 7