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HomeMy WebLinkAboutP&Z MINUTES DECEMBER 14, 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 planning@rexburg.org December 14, 2005 Commissioners Attending: City Staff and Others: Rex Erickson – Council Member Shawn Larsen - Mayor Winston Dyer– Chairman Kurt Hibbert – P&Z Administrator Ted Hill Randall Porter Blair Kay – City Clerk David Stein Thaine Robinson Richard Horner – Chief Financial Officer Joseph Laird Mary Ann Mounts JaNell Hansen – Secretary Charles N. Andersen Mary Haley Michael Ricks Mayor Larsen turned the meeting over to the Planning and Zoning Commission. He indicated that he Mayor Dalling and , of Sugar City, have requested that both Cities put a moratorium on this annexation rd action until Friday the 23 of December. This will allow the City Councils to meet next week to discuss . the issues between the two Cities He believes that the two cities must cooperate to ensure good future relations. There was a comment made from the audience that the meeting was advertised as Joint City Council & Planning and Zoning Public Hearings: Mayor Larsen thanked the individual for the comment. He turned the meeting over to Commissioner Thaine Robinson to conduct the Planning and Zoning Public Hearing on Annexation of Properties south of the Rexburg North Interchange to Hwy 20. Planning and Zoning Commission Chair Winston Dyer was not present at the meeting. Commissioner Thaine Robinson took control of the Planning and Zoning meeting for the Public Hearing on the Annexation of Properties south of the Rexburg North Interchange to Hwy 20. Roll call was called for by Commissioner Thaine Robinson. 9 members were present. Mary Ann Mounts, Thaine Robinson, Charles N. Andersen, Joseph Laird, Mary Haley, Randall Porter, David Stein, Michael Ricks, and Ted Hill. Winston Dyer was excused. Planning and Zoning Public Hearings: 7:35 P.M. – Annexation of Properties south of the Rexburg North Interchange to Hwy 20. Commissioner Stein reviewed the “recommendation role” of the Planning Commission to the City Annexation of Properties south of the Council. He suggested tabling the Public Hearing on the Rexburg North Interchange to Hwy 20 . Commissioner Mary Ann Mounts moved to table this item as Mayor Larsen suggested until sometime rd Commissioner after the 23 of Decemberso the City Councils from each City can meet together. Mary Haley seconded the motion; Discussion: City Attorney Zollinger discussed the process and suggested that the Planning Commission set a specific date for the continuation of this Public Hearing. Commissioner Mary Ann Mounts amended her original motion to hold a continuance of the meeting 1 th Commissioner Mary Haley on Thursday, the 29 of December. seconded the amendment to the The motion carried. original motion. All voted aye, none opposed. Commissioner Thaine Robinson indicated the further written testimony will be allowed for the next meeting. 8:00 P.M. – Annexation of Properties in the southern area of Rexburg going east of the South Interchange to Hwy 20. Commissioner Thaine Robinson reminded the Planning Commission of the Legislative purpose of this Public Hearing for an annexation of properties into the City of Rexburg under the Idaho Statutes. He pointed out four points to consider in this action. 1. Development of the City. 2. Effective Economic Infrastructure. 3. Provision for Private landowners to develop their properties. 4. equitable allocation of plot with City infrastructure. The process will be as follows. The petitioners will present the proposal, then testimony will be received for those in favor, neutral, and against the proposal. The public testimony with be closed at that point and the presenter will be given an opportunity for rebuttal. At that point, the Planning Commission will go into deliberations on the proposed request. Planning and Zoning Administrator Kurt Hibbert gave a presentation on the overhead screen explaining the concept of orderly growth for Cites in the State of Idaho as outlined in the State Statute. P&Z Administrator Hibbert reviewed the State Code 67-8202 on Legislative authority as follows: The Legislature finds that an equitable program for planning and financing public facilities needed to serve new growth anddevelopment is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety and general welfare of the citizens of the state of Idaho. It is the intent by enactment of this chapter to: (1) Ensure that adequate public facilities are available to serve new growth and development; (2) Promote orderly growth and development by establishing uniform standards by which local governments may require that those who benefit from new growth and development pay a proportionate share of the cost of new public facilities needed to serve new growth and development; (3) Establish minimum standards for the adoption of development impact fee ordinances by governmental entities; (4) Ensure that those who benefit from new growth and development are required to pay no more than their proportionate share of the cost of public facilities needed to serve new growth and development and to prevent duplicate and ad hoc development requirements; and (5) Empower governmental entities which are authorized to adopt ordinances to impose development impact fees. P&Z Administrator Hibbert explained that the County and the Cities (Rexburg & Sugar City) have worked together to develop planning (Impact) areas for future growth. These planning areas were negotiated in 1991 and solidified in 1995 with City/County agreements between the public entities. The City of Rexburg has twice negotiated to expand its impact area to accommodate several high growth areas in the City. The City of Rexburg has Comprehensively planned the impact areas and both 2 annexations proposals on the agenda tonight are within the area of impact for the City of Rexburg. The City of Rexburg has extended public facilities into or towards those urban growth areas proposed for annexation on the agenda tonight. Water and Sewer is available within 1,000 feet of the proposed north annexation area. It is immediately adjacent to the west side of the property on the south annexation proposal. Rexburg has participated in a County wide Transportation Plan that includes these areas as part of Rexburg’s twenty year build out analysis. Rexburg and Madison County have officially adopted the Madison County Transportation Plan. P&Z Administrator Hibbert reviewed an impact area map on the overhead screen for the public. It showed the impact areas for Rexburg and Sugar City that was approved by Madison County. The City limits have changed (grown) since the adoption of the impact areas in 1995. P&Z Administrator Hibbert indicated that tract three on the south annexation proposal was not a petitioned annexation. Tracts one, two, four and five were petitioned for annexation. Commissioner Randall Porter asked about tract four going south. It was not included tonight. Commissioner Mary Haley mentioned that tract two is an addition to Rexburg Motor Sports development. Commissioner Thaine Robinson gave rules for a public hearing.He then opened the Public Hearing for the petitioners. P&Z Administrator Hibbert reviewed Tract 1: It was a petitioned annexation as a coat tail annexation Blair Heinz. by He asked that they be included in the Annexation. There are two homes excluded from this hearing on the Heinz property. P&Z Administrator Hibbert reviewed Tract 2: It was a petitioned annexation by Jared Burt for Rexburg Motor Sports, who wants annexation of a small addition to their current property. P&Z Administrator Hibbert reviewed Tract 3: It is a forty acre block of several parcels owned by the Steiner Family. It is contiguous to Tract 4. It is east of the Ray Loveland property. If Tract three was not included in the annexation proposal, it would create an island. th Atsu Fuimoto at 1094 S. 5 W. reviewed Tract 4: Atsu & his brother and sister-in-law own this property that is currently zoned agriculture. He reviewed some slides on the overhead screen for his property boundaries. One map showed the proposed new extension of University Boulevard through the th Fujimoto property. The property is bordered by South Yellowstone Hwy on the west and 5 West on the east. He asked for the land to be rezoned as a Rural Residential 1 (Tract 3), Regional Business Center (Tract 4), and General Business District (Tract 4). It will help with the Construction of University Boulevard, and the growth of the City will make it hard for them to farm their land. He asked for the approval of the annexation proposal. Kurt Hibbert explained the staff recommendation. He explained the reasons for the proposed zones. It will be conducive to the development of the new Boulevard. The Planning Commission agrees with the Regional Business Center and the General Business District Zoning plan. nd Richard Smith reviewed Tract 5: It is part of the 2 addition to the development of Harvest Heights. It is a forty acre tract of land that will be a small part of the Harvest Heights Subdivision #2 that needs this annexation to complete the plat. The proposed zone is Rural Residential 2 to match Harvest Heights Subdivision #1. 3 Joseph Laird asked to hear from people in Tract 3. Also, he mentioned that the common line of Tract 3 and Tract 4 should be reviewed for street location considerations. The road locations will be reviewed at a later time when developments are proposed for the different parcels of property. Commissioner Thaine Robinson opened the Public Hearing of public input. Those in favor of the Annexation of these five tracts: Mr. Atsu Fugimoto indicated that he and his family are in favor of the annexation of their property. Those neutral to the annexations: Bill Moss at 410 Partridge Lane in Rexburg commented on Tract 3. It was not a petitioned request for annexation. The desire of the proposal was to not create an island, and yet several islands are created. He reviewed several examples of islands created in the City. He would like to know how these other islands are justified within the City. Gordon Steiner at 3987 East 460 North in Rigby, Idaho, owns property in Tract 3. They are not part of the annexation and do not desire to be annexed until some questions are answered. They are neutral at this point. He asked: 1)Why is the Boulevard road bellied so far to the South? Why not use straight lines which are adjacent to the property line? This would make addresses easier. He wanted the road to run straight between Steiner’s and Loveland’s. He wanted to know how many accesses would be off of the north side of the Boulevard. They recommended two or three accesses off the Boulevard to the north. 2)Why does the road taper abruptly and curve by his sister’s lot instead of going straight up the hill? 3)If they are annexed, they would like to go along fifth west, and talk about sewer hookups and water hookups. They have their own systems at this time. What will they see in benefits from the City? 4)What is in it for the Steiner family? If these questions are answered, the Steiner family will recommend whether or not they would like to be annexed. Gary Steiner at 36 Mountain Drive, in Hibbard, reviewed the original layout of the Boulevard. He produced an old drawing that shows the road going parallel right by his property. He would like to know why the boundaries were changed, and the road is no longer straight. He was concerned with the th Mr. Fujimoto intersection of the road on 5 West due to the hill at that location. indicated that the road location was approved as shown by the City/State through negotiations. Public Works Director John Millar indicated that the road was moved away from the property line to cross the tracts at the South Yellowstone Hwy. Early discussions with Fujimotos moved the road to the south into their property going east. It was advantageous to the Fujimotos to move the road to the south. 4 Richard Smith answered the question of aligning the road to the north of a straight line from the west when it goes east and enters the University property. It is University property; however, the Boulevard design was established before the University purchased the property. Gordon Steiner asked about an access off of the University Blvd to his property to the north of the Boulevard at no expense to the Steiner property. Commissioner Thaine Robinson reminded the public that the Public Hearing was for an annexation proposal. The comments on the location of access points to University Boulevard would be taken under advisement. Gordon Steiner indicated “good.” Ray Loveland had a question about the streets for the properties. He indicated that there should be a P&Z Administrator Kurt Hibbert street through the properties to access University Boulevard. encouraged the owners to come into the City and work with the Staff to decide road alignments. Those in opposition to the Annexations: - NONE Commissioner Thaine Robinson closed the public input. Commissioner Hill asked to review one Tract at a time. The proposed zoning for each Tract was reviewed: Tract 1: Rural Residential 1(RR1) Tract 2: Community Business Center (CBC) Tract 3: Community Business Center, Rural Residential 1 Tract 4: General Business Center, Regional Business Center, Rural Residential 1 (GBC, RBC, RR1) Tract 5: Rural Residential 2 (RR2) Tract 1: Commissioner Mary Haley reviewed the 2 homes on the property. The rest of the property is farm P&Z Administrator Kurt ground. She asked why the homes are not part of the annexation proposal. Hibbert indicated that they are different owners than those who requested the annexation. She would like those properties annexed too. She doesn’t think it is good planning to leave that property out of the annexation. P&Z Administrator Kurt Hibbert i ndicated that they will be annexed in the future. He also explained that Tract 1 will be Zoned Residential Rural 1. Tract 3 will be zoned as a Community Business Center, and Rural Residential 1. Tract 2 No opposition. Tract 3 Commissioner David Stein would like a Master Street Plan to be included for the properties owners in Tract Three. The annex is supposed to promote orderly growth, which would include road master planning. Commissioner Mary Haley reviewed the ownership of the separate parcels of ground in Tract 3. These parcels are owned by four Steiner family members that still live on the property. 5 City Attorney Zollinger indicated that the Commission can prevent land locking. They can require access as part of the development of the properties in future development hearings. The development hearings would be appropriate for access planning. It is not appropriate to do development planning in annexation hearings. The Steiner family concerns are genuine and legitimate; however, they should be addressed at the appropriate time when development starts to occur. The question was asked if the Steiner’s could oppose the annexation of their property at a future meeting if they remain neutral tonight. City Attorney Zollinger indicated that the Planning Commission can require access to the Steiner properties in a future development hearing to make certain that the Steiner parcels do not become landlocked. The public hearing process is to gather public input on the annexation proposal. He indicated that from an annexation concept, the property is either annexed or it is not annexed. The roads can not be determined in the annexation hearing. Commissioners & Attorney Zollinger discussed state statute 50-222 (A) Category A. If there are less than 100 parcels and more than 50% of this land mass being annexed, then it is reasonable for the City to annex these properties. There are conditions to seek de-annexation which can be exercised by the landowner if they can prove they are not part of the City. Commissioner Mary Ann Mounts asked if the land was still being used for agriculture. They indicated that ninety percent of the Steiner property is agricultural. The Steiner property was reviewed th to see where the homes were located on 5 West. Tract Four This property will be zoned as a Regional Business Center. Commissioner Joseph Laird reviewed the road anticipated on Tract 4. He believes that the road layout deserves some discussion before final decisions are made. City Attorney Zollinger mentioned with the exception of the road alignment that was already presented, any other roads, driveways, parking lots, or structures will be submitted to the City for approval. Commissioner Mary Ann Mounts asked about the connection requirements for Steiner’s sewer. The north parcel sewer connection would be an agreement between them and the city, all other parcels are voluntary for their sewer’s useful life, and they do not have to take the City’s connection on water. Tract five Commissioner Mary Haley mentioned that it meshes very well with what has already been developed. Commissioner Charles Andersen moved to recommend to the City Council the annexation of tracts 1,2,3,4, and 5 with zones as currently recommended by the Staff; Commissioner Mary Ann Mounts Discussion seconded the motion; : Commissioner Mike Ricks indicated that there was excess commercial zoning at this time. He would like to see more residential zoning. He is not comfortable with the proposed zoning. Commissioner David Stein indicated that the Comprehensive Plan shows commercial growth in this area. He supported the proposed zoning. Orderly planning in compliance with the Comprehensive Plan was discussed. Commissioner Mary Haley thought that it was logical to have commercial zoning in this area. Commissioner Ted Hill has a problem with Tract 1 excluding homes. He wanted Tract 1 and Tract 3 excluded. Tract 4 is ok. Commissioner Mike Ricks concurred with excluding Tract 1, accepting Tract 2, Tract 4, and Tract 5, and denying Tract 3. Commissioner David Stein acknowledged that the Commission can’t do road plans tonight. Ray Loveland indicated that he would like his property excluded if the Steiner property is excluded. If the Steiner’s can get their 6 questions answered, they would be in favor of annexation. City Attorney Zollinger indicated that the road access questions are development questions and they can not be part of the annexation process. He went on to say that the City would not allow the Steiner property to become landlocked. The City can not indicate today where the Steiner access will enter the Boulevard. The property accesses are decided through the development process. The City requires right-of-way to enter the property; however, the City does not require the construction of the road by the property owner unless they are using the road. Gordon Steiner asked how many accesses there would be off University Boulevard. City Attorney Zollinger indicated that it was a development question. Property owners of Tract Three are opposed to the annexation. City Attorney Zollinger reviewed the costs for annexation public hearings. The Fujimotos paid for this annexation hearing. The other properties were boot strapped to the Fujimoto’s annexation hearing. City Attorney Zollinger indicated the public hearing and other costs for this annexation have already been paid. He discussed the Steiner’s options for delaying their annexation and paying annexation fees at a later date. Commissioner Mary Haley discussed the judgment of the Commission to have good planning. They are aware of who they are dealing with and their opinions. We look out for you when you are in the City of Rexburg. Gordon Steiner indicated that because he believed the City Attorney and the Planning Commission, they will accept the annexation proposal and trust the words of the Commission. Commissioner Ted Hill made a substitute motion to exclude Tract 1 and accept the other four Tracts. Discussion: Commissioner Mike Ricks seconded the substitute motion; on excluding the homes in Tract 1. Commissioner Randall Porter asked to include Tract 1 because there are other islands in the City. These homes could be annexed with these other islands at a future date. Commissioner David Stein agreed however, the City Council will decide this issue. Commissioner Mike Ricks showed other areas east of Tract 1 that will eventually be annexed. Those voting aye: Those voting nay: Commissioner Ted Hill Commissioner Mary Ann Mounts Commissioner Mike Ricks Commissioner Charles N. Andersen Commissioner Joseph Laird Commissioner Mary Haley Commissioner Randall Porter Commissioner David Stein The motion failed. Commissioner Thaine Robinson called for a vote on the original motion to annex all five Tracts as proposed; Those voting Nay: Those voting Aye: Commissioner Ted Hill Commissioner Mary Ann Mounts Commissioner Mike Ricks Commissioner Charles N. Andersen Commissioner Joseph Laird Commissioner Mary Haley Commissioner Randall Porter Commissioner David Stein The motion passed to annex five Tracts as proposed. 7 Planning and Zoning Public Hearings (Continued): 8:30 P.M. – Conditional Use Permit to construct and operate a Head Start Early Childhood Education Center. – Eastern Idaho Community Action Partnership. Kay Howard of4064 East 376 North Rigby asked the Commission for a Conditional Use Permit to nd build a Head Start Center at 55 W. 2 N., next to Twin Pine Apartments. The head Start Center will serve thirty-six students who will attend classes Tuesdays through Fridays. The Center will include seven staffers and volunteers and a handicap playground. Parents will bring their students to the center each day. No transportation will be provided. The Center offers low-income education, emergency use, and other services that are planned for the future. P&Z Administrator Kurt Hibbert reviewed the site plan on the overhead screen. Zoning is already appropriate. The Staff is working with the Engineer to approve the building to comply with the design standards.The architect is willing to shift the building slightly in order to comply. Commissioner Mary Ann Mounts asked for drop off times. They are planned from 8:00 to 8:30 A.M. and 12:00 to 12:30 P.M. Commissioner Mary Ann Mounts it is a great thing for Rexburg to get. It is a really great program nd that is needed for Rexburg. Her only concern is traffic on 2 North at 8:00 A.M. when people are leaving for work. Commissioner David Stein asked about impact on adjoining property buffering. There will be a chain link fence around the playground. Commissioner ThaineRobinson asked if Staff would be involved in the development of the site plan. P&Z Administrator Kurt Hibbert said yes. There will be an open atmosphere design. The drop off for cars will be off of the street. The front entrance is designed as a turn-around, which adds to the children’s safety. Commissioner Randy Porter asked if this fits with the emergency services regulations. The site plan can still be adjusted for staff approval. Kay Howard wants to open by next fall. Commissioner Thaine Robinson opened the Public Hearing. Those in favor of the proposal: rd Loraine Flannery at 138 North 3 East in Rexburg is a teacher at Head Start who feels that they need a better facility. The children need more space. This will meet the needs of the children, so she was in favor. rd Carol Flannery, alsoof 138 North 3 East, indicated that the current conditions are deplorable. The children need a better facility. There is a waiting list. There is not a play ground for the children. Rexburg deserves better. It does not take local tax dollars, it is federally funded. She would like the City Council to look very hard at this decision so Head Start won’t lose that funding. She was in favor of the proposal. 8 Gary R. Martin sent in a letter in favor of the proposal (letter is on file). Those neutral - NONE Those against - NONE Commissioner Mary Ann Mounts moved to approve the proposal; Commissioner Mary Haley Discussion: seconded the motion; This the first time the Planning Commission has seen the proposal. It has not been delayed by the Planning Commission. Commissioner Mike Ricks said it is a good use of The motion carried. tax dollars. All voted aye, none opposed. Commissioner Thaine Robinson closed the Public Hearing meeting for the Planning and Zoning Commission and turned the meeting back over to Mayor Larsen. Adjournment of the Planning and Zoning Commission. 9