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HomeMy WebLinkAboutP&Z MINUTES JUNE 03, 2004 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 cathyw@ci.rexburg.id.us June 3, 2004 Members Attending: Chairman, Winston Dyer, Mary Haley, Jerry Hastings – Absent, Ted Hill, Joseph Laird, Stephen McGary, Randall Porter, Mike Ricks, Robert Schwartz – Absent, David Stein Others Attending: Kurt Hibbert, Community Development Director, Cathy Winters, Secretary Chairman Dyer: Called the meeting to order ant 7:05 p.m. and welcomed the visitors and board. He then asked if there were any additions or corrections to the minutes of May 6, 2004. Ted Hill: Requested a correction on page 4, he declared a conflict and stepped down on Fogel Property May 6. David Stein: Correction on page 4, the council will deal with the political annexation of properties. Randall Porter: Asked about Don Sparhawk, he wanted clarification regarding Mr. Sparhawk offering to help write the Comprehensive Plan. Is it appropriate? Review the minutes to see what he was saying. Motion to approve. st Mr. Ricks: made the 1 motion to approve May 6 and May 20 minutes with corrections. Mr. Stein 2nd the motion Abstained, Mary Haley and Stephen McGary The motion carries. Mike Rick’s annexation information should be required on parcels that should be a specification. Kurt many municipalities infra structure require reports be submitted along with the applications for annexation in an ordinance. We could develop requirement specific information to be submitted with an application. Chairman Dyer: Can that be written in the zoning ordinance? It is a big surprise when they have to have detailed information. Chairman Dyer: Moved into public hearing process and explained the process to the board. Josh Clark: Conditional Use Permit for Car Sales Kurt Hibbert: The Clarks have requested a conditional use permit to sell automobiles. David Stein: Selling retail? Mr. Clark: Acknowledged they would be selling cars retail. Kurt Hibbert: Showed the board they planned on parking for the cars on the northern part of property. Mr. Clark: A white vinyl fence will separate repair and sales. Parking will be available and we want to pave the front of the property making a retail car lot. Mary Haley: Who owns property? Mr. Clark: Josh and Dan Clark, my sons. Mr. Clark explains surrounding property. Randall Porter: How long have you owned the property? 1 Mr. Clark: I bought in 1995 then sold to my sons in 1999. Chairman Dyer: Explains the discussion should be directed to the CUP. Randall Porter: Do we have anything in the ordnances to prevent this area from being cluttered? Kurt Hibbert: In an industrial zone it is allowable to have cars and parts on the premises. Joe Laird: Does public works have any problem with right of way. Kurt: The right of way is acceptable. Chairman Dyer: What about driveway control? Mr. Clark: The curb cut is 40’. Chairman Dyer: Opened for public comment. No one signed up to speak. David Stein: Since there is a green space requirement in the highway business district would there be one required here. If required for other car lots why not here? Stephen McGary: Commented they are in an industrial zone and are not required for green space. Chairman Dyer: Referred to page 52 of Zoning Ordinance 6.13 B3. Be designed and constructed in a manner to be harmonious with the existing character of the neighborhood and the zone in which the property is located. There are provisions if you think there is merit. Stephen McGary: Referred to page 53 6.13 B4 Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibration, improperly directed glare or heat, electrical interference, odors, dust or air pollutants, solid waste generation and storage, hazardous materials or waste, excessive traffic generation, or interference with pedestrian traffic. Page 53 6.13 B6 Not generate traffic in excess of the capacity of public streets or access points serving the proposed use and will assure adequate visibility at traffic access points. Randall Porter: Any plans to do landscaping? Mr. Clark: The white fence and we currently have a planter out front. Do you want us to move the planter? Chairman Dyer: If the permit is to be issued will they do a site plan? Kurt Hibbert: Describes and shows property map along with site plan. Chairman Dyer: Asks if there is enough parking. Mr. Clark: There are only five vehicles we will be selling at one time. We will have full view when customers back out of parking lot. Randall Porter: You are only going to be selling 5 cars at a time? Mr. Clark: Yes Chairman Dyer: Board may consider adding conditions regarding public safety to the approval. Stephen McGary: What about signage? Mr. Clark: We are keeping the same sign, it is 4 x 8 and we will change the name only. Mary Haley: Can we limit number of cars being repaired? Kurt: It is permitted use in industrial zone; we cannot limit number of cars. Chairman Dyer: See page 28 in use tables, under Repair Services in an Industrial Zone Auto Repair is permitted. Kurt Hibbert: There is no place in the ordinance to limit the number or cars. Randall Porter: What is the time limit of a CUP? Kurt Hibbert: There is not a time limit. Commissioner Dyer: Asked for a motion. David Stein: Moved to grant approval with conditions of appropriate staff review regarding safety of parking and entrances. Stephen McGary: 2nd the motion. Randall Porter: Requested the applicant keeps overall property in a neat an orderly manner. Commissioner Dyer: See the Conditional Use Permit on Page 52 6.13B 1-9 in the Zoning Ordinance Book Commissioner Dyer: Called for vote. 2 Motion Carries. Cheryl Colvin Condition Use Permit for Dormitory Style Housing Kurt Hibbert: Explained the need for the CUP being the need for additional parking. Additional parking of 8 spaces has been leased from Hyde Park. Mary Haley: Leasing for how long? Chairman Dyer: Asked for a copy of lease agreement. Kurt Hibbert: Stated there is more than enough parking to lease from Hyde Park, he and Mike Ricks reviewed the parking and they have at least 30 additional spaces. Chairman Dyer: Asked about the location and proximity from the apartments. Kurt Hibbert: Informed the parking is within 200 feet of the apartments. Chairman Dyer: That would be in violation? Kurt Hibbert: Hyde Park developed more parking than required. MaryHaley: Did we approve that on the plat? Kurt Hibbert: Yes, and it is private property that can be leased as long as they have met the requirements for their apartments. Ted Hill: Asked, on the apartment project aren’t there multiple owners? Who owns the parking spaces? Chairman Dyer: The lease has to be singed by homeowners. Chairman Dyer: Emphasized the focus on understanding the proposal and opened for Public Hearing. Mr. Randall Foster, 728 S. 5th W, Rexburg, my home is across the street from the property. The street has been widened so there is not enough property left for parking. Who will monitor the parking to see that the owners get to use parking? There is no such thing as too much parking. No curb and gutter, no sidewalk, no room for parking at this time. CUP for this building is for more than one family living in this home. We don’t want any more apartments in this neighbor hood. Mr. Darin Call, 740 S 5th W, Rexburg, across the street from this property. I have slowly watched my residential neighborhood be dismantled by money hungry developers and realtors with the blessing of Planning & Zoning and the Rexburg City Council. I know I am not alone when I say enough is enough! WE DO NOT NEED DORMITORY HOUSING IN OUR NEIGHBORHOOD. Please look at the past mistakes that have been made in this neighborhood and make your decision very carefully. Chairman Dyer: Mr. Call has written input to be recorded as testimony also. Susan Foster: 728 S 5th West, when Darin bought this property, he was last on the sewer and has all kinds of trouble with sewage backing up. Now the house on corner is a party all night with inadequate parking and problems with garbage. Jeff Jacobs, 806 S 5th W, Rexburg, I want to support what these people have said I’m new in neighborhood and I don’t want to see any changes. Public input closed. Chairman Dyer: In keeping with our philosophy and to keep proactive in our planning. We would need parking commitments from at least 60 owners. I’m not supporting this conditional use permit. David Stein: In our Zoning Ordinances see page 41 Parking Regulations, 5.3 A, B.1, B.2,B.3 on joint use of parking. Also see Page 53, B.4, not to create a nuisance. . . I’m against dorm style housing. Mike Ricks: I think that if properties don’t have adequate parking they should use this for other type housing. What if they don’t pay for parking? Then we would have a worse situation on our hands. 3 Mary Haley: Mr. Chairman I make a motion to deny Cheryl Colvin’s conditional use permit because it does not stand on it’s own with adequate parking. Randall: 2nd the motion. Motion Carries Golden Beauty Hospitality – Conditional Use Permit AmercInn Sign Height Terry Wilcox: I live in the city limits at 626 Gemini Dr. I’m one of the owners of Golden Beauty Hospitality and of the AmericInn franchise. We are located at the South Interchange, the area has high profile, and we need a tall sign so people can see the sign in time to exit off highway. We are seeking good restaurant to build along beside us. Mr. Ricks: Is the road too narrow for truck traffic and customer traffic? Will you install curb and gutter? Do you need turn lane access into property? Chairman Dyer: How did the street come into the city without meeting city regulations? Terry Wilcox: The city designed the street. Stephen McGary: If should be 35’ wide. Mary Haley: What is the height of overpass? Chairman Dyer: 25’ Stephen McGary: What is the height of the Chevron sign? At least 50 feet Kurt Hibbert: The standard is 24’. Chairman Dyer: Please mail a copy of the sign ordinance to each board member. David Stein: A picture of the sign is needed? How many other signs will there be? Kurt Hibbert: Explained the ordinance. David Stein: Interpreted the ordinance to read that the total sq footage should be 147sq feet for free standing signs only. Any other sign allowed will be a wall sign on building. Chairman Dyer: Asked about Valley Wide Coop signs. Chairman Dyer: Do we want to table for 2 weeks to see a copy of the sign? Stephen McGary: Ask as condition to see a copy of the sign. Chairman Dyer: Stated case in point Teton River sign. David Stein: This is inconsistent as to how we approached sign ordinance in the past. Randall Porter: Made a motion to table sign until we could see pictures. Mary Haley: 2nd the motion Motion Carries Chairman Dyer: I have a keen interest in new school locations. Mr. Wilcox: I thought you were going to supply someone to the board. Kurt Hibbert: We have Two Gentleman here to discuss the Comprehensive Plan. Chairman Dyer: Commissioner Roger Muir Roger Muir: We have to back up several years, the comprehensive plan came in to play in 1992, Renee McGee in 1997. Part of the direction they gave us is that the comprehensive plan is a mold of the future, to protect private property rights, and have individuals to guide them. Boundaries are set but they need to be set to move and sway. Perception when we adopted the Comprehensive Plan is that we can tell them no this cannot happen for 10 years. I’m not representing the county; I’m representing my neighbors and myself. Have you been told that you can’t do what you want with your property? I don’t want to see industrial surrounding the cemetery. For example a piece of land that shows Ag use, you are saying they can’t sell property to anyone that wants it 4 that could be takings. The area on the map shows all farms lands approaching the river bottoms have been zoned industrial. Do we want that? These are the people that live out there; these people consider themselves as living in Madison County not the impact area of Rexburg. When advertising meetings on impact area, they think they are not affected because they think they are in the county. Railroads are industrial which is good. You changed a request that was approved a few years ago by this committee. On the zoning map, this impact area affects our income potential, I raise cattle and so do my neighbors. These areas should be zoned as Ag 2 but are zoned Ag 1. The bad perception is here, when we went in and had discussions about zoning we thought it was resolved, and then it was zoned different than we discussed at the meetings. The residential area previously discussed 4 years ago was residential with Ag around it. We don’t want 2nd E to look like 17th street; we have already turned it into a five-lane road. We don’t know what some of the other people want to do, but most of us want to stay Ag. Brad owns river bottom, another piece is owned by the airport as open space. I don’t feel any of the neighbors want this including Mack Shirley. I don’t know why you would put that industrial as American Potato uses it as waste ground. Chairman Dyer: The current concept is huge commercial growth. We were looking for places that would not want residential development for some time, plus we will need access roads to the highway. Mary Haley: Where would you propose having industrial area? Roger Muir: We are looking at this area pointing to the map. Steven McGary: We hadn’t thought about cemetery. Roger Muir: When you put the agricultural area in the impact area you are asking for takings. Chairman Dyer: The highest and best use is commercial and this is a matter of timing. Roger Muir: The Comprehensive Plan is a vision of the future. Mary Haley: I’m concerned they think we have gone behind backs with the plan. Rodger: Perception yes reality no. Mary Haley: How else can we include these people? Terry Munns: I thought we discussed that this area was Ag 2. Mary Haley: The people have a responsibility to come to these meetings. Brad Archibald: You can wave your wand and change things; I was shocked that you changed our land to industrial. David Stein: This is first draft by no means is this the final draft. Brad Archibald: As a private property owner, I supposedly own land but feel like we rent as we are loosing our property rights. Randall Porter: Part of this is protecting you as a landowner. We need a give and take process. Brad Archibald: We have to have something going on don’t put my pasture in open space, a guy in Jackson they put his ranch in open space, he had a developer that wanted to buy it, and then he couldn’t because it was open space and thought he had retirement income but he didn’t. We want to be protected by being at least Ag 2, if it is in industrial, it limits whom I can sell to. Roger Muir: The way this looked with defined lines sets this property apart for commercial. What we are looking at for me it is the opportunity to look into the future. At this time we are Ag and in the near future we are Ag. This area and around the cemetery needs to be preserved. Kurt Hibbert: There is flexibility on the comp plan with 200’ discretionary distance. Joe Laird: Where do we put industrial, what will the comprehensive plan show? Kurt Hibbert: We have marked maps incorrectly that means we need to make corrections. Randall Porter: It looks like we have a higher percentage of industrial than we will ever need, we could place industrial along the railroad tracks? Roger Muir: I didn’t come in to cause problems; you guys do a good job. Mary Haley: What brought you to this meeting? Roger Muir: I heard you were doing a new comprehensive plan and assumed you would do Ag, and then we saw it in paper. 5 Mary Haley: So you saw the publishing of the map? Terry Munns: We are so tied up in farming that we don’t have time. It causes conflict with our work. Roger mentioned it to me, he said there was actually talk about curb and gutter and we felt like it is interfering with our life. Chairman Dyer: We will have public hearings on this document, meetings with city council; they will have to approve change. Brad Archibald: It gives me the protection right now, but if someone comes to me to and makes a great offer and wants to put houses, then we have to come to you and ask to change from industrial to residential. Chairman Dyer: The open space we looked at, looked un-build able. Roger Muir: In 1997 water was knee deep on my horse. In closing, if it is kept in Ag we will have a better chance at changing from Ag than from industrial Mary Haley: Would you like to see school out there? Roger Muir: Either there or on Sakotas. You need to have in-depth meeting with Sugar Planning & Zoning, Madison County Planning & Zoning, all three comprehensive plans will intertwine we need a flow to work together. Kurt Hibbert: The input you have given us is very good. Thank you. Chairman Dyer read a letter received from Bryce Rydalch. Mr. Rydalch touched on many subjects to improve the Rexburg area. Those we need to work on very soon are: Ordinances regarding light pollution. Trailer parks and codes required up keep and maintenance. Bridges: Another bridge over the Teton River, plans are in the works. Industrial Discussion Industrial locations must be well thought out; the railroad tracks are conducive to industrial as Randall Porter pointed out, Artco built in its location because of the railroad tracks. Artco only uses railroad 25% of time. Light industrial in that area would be an incentive. A percentage of people will come if there is a railroad siding. Mary Haley mentioned not only the railroad siding but also the additional east highway access. The beautiful views were not thought of at the time we should have explored other options. Consideration needs to be given to developing more Agricultural on the Comprehensive plan and less industrial. It was suggested we leave more Agricultural and less industrial as long as necessary. Kurt made notes on the Comprehensive Plan Map. Design Standards Discussion Revision Dated June 2, 2004 Kurt noted that Stephen Zollinger needed to review and Mr. Erickson has reviewed the latest revisions. Suggested changes were to eliminate the other cities mentioned in paragraph 1. The square footage for Big Box development should be 15,000 – 40,000 square feet. Chairman Dyer asked if there was any more discussion, if not a motion is needed. Randall Porter made a motion to submit the ordinance to City Council with the conditions that to qualify for ‘Big Box” the building would have to be 25,000 square feet or more. Mary Haley 2nd the motion Motion carries by a 5 yes and 3 no vote. Side Walk Discussion Chairman Dyer opens with request for sidewalk definition. What is intent for sidewalks on public streets or sidewalks on private streets? 6 The City of Rexburg is putting in sidewalks because we are making others build them. If we require developers to put in sidewalks they must plat them and build them. It must determine where we want sidewalks. The reason we are getting private streets is because they can develop to lesser standards. Everyone agreed we needed sidewalks. The sidewalk ordinance will need to be amended. Further discussion on sidewalks. Kurt Hibbert: We need clarification on sidewalks on private streets. Mary Haley: I propose to amend ordinance to provide for 5’ sidewalks on any public and private street. Joe Laird: 2nd the motion Unanimous Zoning Complaints New Ride Auto is in an industrial zone with requirement for landscaping, and no drainage onto the street. Cowboy Feed in violation of parking spaces. Green Gables back of buildings not meeting all design standards need shutters on back. Andrews’s addition needs shutters or something additional to dress up building. Ray Peterson, south of Arctic Circle 2nd E and 2nd N 200 ft curb cut, site plan went directly to staff. Nettie's Place has illegal business on 1st S with several different violations. Contractors live in house owned by Burt Flamm managed by Rentmasters give phone # to Dick. Corner across from Hyde Park has 10-12 people living there; CUP turned down twice then went to City Council. Valley Wide gates on back for storage and sales plus too many signs check minutes for conditionals. Storage must be moved to back. 7