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HomeMy WebLinkAboutP&Z MINUTES MAY 06, 2004 CITY OF REXBURG PLANNING AND ZONING MINUTES Thursday May 6, 2004 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz - Excused Mike Ricks Mary Haley - Excused Steve McGary - Excused Jerry Hastings David Stein Joseph Laird Randall Porter - Excused Consent Agenda: The consent agenda includes items which require formal Planning Commission action, however they are typically routine or not of great controversy. Individual Commission members may ask that any specific item be removed from the consent agenda for discussion in greater detail. Explanatory information is included in the Planning Commission’s agenda packet regarding these items. a)Minutes from the April 1, 2004 and April 15, 2004, meeting Mike Ricks moved to approve the minutes for April 1, 2004 and April 15, 2004; Jerry Hastings seconded the motion; all vote aye, except Ted Hill who was not currently The motion carried. present at the meeting. Chairman Dyer welcomed Ted Hill to the Planning and Zoning Commission. Stuart Wells from BYU-I will also be on the Planning and Zoning Commission. Stuart will be joining the commission in August. Non controversial items: Kurt Hibbert brought up about the sidewalks at Valley Wide Co-op. 2. Public Hearing A. 7:05 p.m. Five Annexation request into the City of Rexburg as noted: 1) Futures of Idaho requesting annexation of 2 parcels south of Taylor Chevrolet. nd Kurt Rowland, Schiess & Associates, 310 N. 2 E., representing Futures of Idaho, they are requesting an annexation and rezone 12 acres south of Taylor Chevrolet. They are 1 requesting for an HBD zone. He mentioned that it goes along with the Comprehensive Plan. They are planning to put in office buildings, restaurants, and possibly a bank. Joe Laird asked about sewer, water, and storm drainage. Kurt Hibbert commented that the sewer is down the Yellowstone Highway to the lift station that is across the street from Wilcox & Sons. Water goes through this area also. Sewer will have to be extended about 16 feet. Water is in the front yard. Winston Dyer opened the meeting for public input on the proposal. Those in favor for the proposal: None Those neutral to the proposal: None Those that are against the proposal: None Winston Dyer closed the public input portion of the hearing. Joe Laird commented that public utilities would need to be going to those areas. th Mike Ricks talked about homes along 5 West and there would be no access from that side of the parcel. Ted Hill asked where the new south arterial road would be going in and how is the parcel going to be accessed in the future from this road. Discussion on if another street is planned to go through that area. Winston commented that there is quite a gap in between streets. Winston noted that Mr. Hastings was consulting the Draft Comprehensive Plan Map. Jerry Hastings commented that it fits the Comprehensive Plan both the draft and the existing plan. Winston, for the record this is consentant with the Comprehensive Plan in terms of proposed zones. David Stein moved to recommend to City Council that the parcels south of Taylor Chevrolet be annexed into the City with the Highway Business District zone because it fits with the Comprehensive Plan and it is adjacent to another HBD property with conditions as part of the development agreement that the appropriate city services be brought up to the property. 2 Mike Ricks seconded. Discussion on another access to the property. The Planning and Zoning Commission can move forward and talk about accesses when the applicant comes in with a master plan. Kurt Hibbert talked about the neighborhood meetings that were held with neighbors on th South 5 West. The neighborhood discussed zoning and possibly rezoning with annexation. There were a lot of questions with the south arterial going in. Jerry Hastings made a comment that we are just talking about annexation and zoning and maybe suggest that the City planners look at these properties and see about a street coming through this area. Put on alert that these are things to look at. David Stein amended motion to add a recommendation that the staff look at master planning for street access behind (east) of these properties. Mike okayed. All aye. None opposed. The motion carries. Winston requested to Mr. Roland please note this discussion about access and so forth to your clients so they will be apprised at the earliest opportunity and be prepared for that discussion. Group discussion regarding board members having business relationships with some of the applicants. That will require us to step down from the table during deliberations. th ) Ted Whyte requesting annexation of 1 parcel on 863 South 5 West. 5 Winston will step down for deliberations due to a conflict of interest. I can run the public hearing and get input, then I will step down before deliberations begin. Ted Whyte, 610 Taurus, owner of proposed property is requesting annexation with an MDR zoning. It is consistent with the zoning across the street and with the comprehensive plan. There is city water and sewer in front of this property and there is one home on the property on the west side which I would in the future make into a duplex and build two 4 plexes behind the home. Kurt Hibbert said water and sewer are to that point. Opened for Public Hearing Those in favor: None Neutral: nd Bruce Williams, 262 South 2 East, he is concerned with students parking in front of his house and there are more students having to drive since the university does not provide bus transportation. Those against: None 3 Public Input closed. Jerry Hastings will take the chair. Mike Ricks would say no because it is creating an island and it is a big piece of property and it is more than this one parcel. Discussion of who lives at those properties that will be in that island. Joe Laird commented that it would be nice if those properties were annexed but he did not see it necessary that they should be annexed. Mike Ricks commented that if there was a fire then who would come, the city or the county. Ted Hill does not see how they could deny this property if it complies. David Stein commented that the City Council will deal with the more political properties to be annexed. Mike Ricks moved to deny the annexation at this time until they can annex other properties along that area so we would be able to keep the city lines without having an island. No second. Motion dies for lack of second. Joe Laird moved to approve this annexation and request that the City Planner work with the property to the north to be annexed also. David Stein seconded. Question. All aye except Mike Ricks opposed. Winston came back to the table. th Joy Huskinson requesting annexation of 1 parcel on 668 East 7 North. th Randi and Karen Fogle requesting annexation of 1 parcel on 705 East 7 North. Ted Hill declared a conflict of interest and stepped down. Kurt: Both properties will be in LDR1 zone. Meeting opened for public comment: Those in favor: Karen Fogle, 166 2nd W. Sugar City, We bought this property to develop it and we have since split it into 2 one acre pieces. Because of the river running behind and the irrigation ditches in the front there is not enough room to put a septic system on these pieces and so it would like to have it annexed so we could actually build on this property. 4 Ted Whyte, 610 Tarus, Rexburg, this and all three parcels I’m in favor of and the City needs to extend services to that direction of town and annex this property. Neutral: None Those Against: None Public input closed. Joe Laird talked about the bike path along the river. Jerry Hastings clarified that the Fogle property is two 1 acre lots. Winston informed John Millar, City Engineer, the board is deliberating the potential annexation of these 2 easterly properties at the moment. The question has arisen about th the plans for 7 N being an arterial type facility which normally would tend to preclude any homes fronting directly on the street. That issue has been raised by some other interested property owners in the general vicinity. And yet you look at you look at the parcels and their land restrictions and so forth. So can you give any guidance to how this will be addressed or handled? John, where feasible we will be requiring that lots not come directly on the street. There are some instances where if you have 150 feet of frontage that currently exists in lots and is difficult to get any idea of access. As these larger parcels are developed they will be allowed to come on with just a road. There are a couple of lots that will require better access. Most o f the right of ways will have to come from the north. Large power lines are on the south side and will have to go in with the Fire easements. Bicycle path is going by the road in some areas but plans are not final. Winston commented that it was consistent with comprehensive planning. Discussion on requesting a different zone. Jerry Hastings commented that LDR would be a better zone for this area. Jerry made a motion that we approve this annexation to bring it in to be LDR. Joe Laird seconded. Discussion of the difference between lot sizes in LDR and LDR1 zones. All aye. None opposed. The motion carries. th Brian Partridge requesting annexation of 1 parcel on 658 East 7 North. Winston and David declared conflict Brian Partridge, 218 No . 60 east, Provo Ut., requesting an LDR1 zone with restrictive covenants. They have a 9 acre gravel pit 7 acre flat area. They would like to put 3 or 4 ponds in the gravel pit along with some green space areas. They are planning to put in Townhomes and desire to donate a city park with walk in access only and develop to share with public. Desire to take jogging path system that would drop down into the 5 ponds. They also have other options. They will get that finalized when they get it platted. Do it in 2 phases. The front half has a flat area. In PUD proposal in the first phase. LDR1 for the entire parcel. They are not proposing for a PUD proposal at this time. Brian commented that the 9 acres of gravel pit is a lot to lose and they would like to make it look as nice as possible. Jerry Hastings commented that they just are asking for an LDR1 zone. Brian commented that he wants this to be an upper look. Mike Ricks asked about water shares and safety from those ponds. Brian confirmed that he does have water rights from the ditches. He talked about the ponds and open space be maintained through a community development. Will have a mix of businesses, townhomes or condos, and homes. Jerry Hastings asked about Winston commented on development commitments do not come with a zoning request. Public Input: Those Infavor: nd Rob Ziegler, 134 E. 2 South, Infavor, this proposal is planned out and work well with this community. He thinks it is well Ted Whyte, 610 Taurus, watching the town growing and it leads to a nice residential growth. Looks nice and thought out. Bob Lamoreaux, Rigby, in favor of it because it would create an island that was just Neutral: Sheila Barney, 793 Barney Dairy Rd., they do farm the land and she is concerned with the water and how he is going to fill the ponds. And concerned with the ditch burning. She does not want the fire department called when they are burning their ditches. They bail hay at night. Those Against: None Public Input closed. Winston and David stepped down. Mike Ricks commented that he gets upset with people not watching for neighboring areas. He commented that he is concerned with the City taking care of another park. 6 Ted Hill asked about the water and sewer lines and if the City can take the services out to this property. Stephen Zollinger commented that the City could get the services there. Jerry commented that it is the property owners expense to get the water and sewer lines to those properties. Joe asked if Stephen sees a problem with no preliminary plat with this property. Stephen commented that if they want to see those lots go into LDR1 size lots. Jerry asked to maybe comment on Mrs. Barney’s comments. Brian talked about his land and wanting to clean up this area. Joe make motion to recommend to City Council to approve land for annexation in LDR1 zone and would feel better with a preliminary plat to see what would happen to it. Ted Hill seconded. All aye. None opposed. The motion carries. New Business A. East Main Neighborhood Association rd Don Sparhawk, 37 S. 3 E., president of East main neighborhood association. Don read a letter that talked about wanting to define Mixed Use. Winston talked about coming together and getting this defined within the comp plan with public hearing or pull from zoning book. Don wanted to know when it is defined then they can know what kinds of zones they want in it and then they can know if they are opposed or for the mixed use. David commented that they do need the definition. Don talked about the concerns not as a member of the association but as a concerned citizen. He finds the comprehensive plan hard to read and understand. He named specific sections. He talked about the writing of the old comp plan and it was well written. As he read the new one it was hard to understand. He doesn’t want to be critical and he would volunteer his time. He has a degree in planned use writing. He would be glad to help because he thinks that it needs to be easy to understand. He commented that it didn’t need to be that long. Winston commented that it is a draft document and he is aware that it needs improvement. 7 rd Ron Lindsay, 70 S. 3 E., homeowner in the area, not speaking for the association. He passed out sheets to the commission. He is writing this as a property owner. He would like to request zoning change from mixed use to _________. He read a letter. His commented that there are residents in that area are to stay that way. Winston would like to clarify that there special interest manipulating this area, there are none. Final for the Meadows Condominium “Phase 1” and “Phase 2” Bob Lamoreaux, 4115 E. Rigby, asked if Kurt could make the presentation. nd Kurt Rowland, Schiess & Associates, 310 N. 2 E., representing this proposal. They have made to necessary corrections to this plat. David Stein asked about the building forms meeting our codes. Kurt Hibbert commented that it does not meet the design standards. Discussion about lot lines. Joe asked Kurt Rowland about the common space and if these are individually owned. They have description of common comments. David Stein asked about lot spaces. David moved to recommend to approve Meadows final plat subject to other conditions and requirements of code is met, actions still requirements, Jerry Hastings seconded. All aye. None opposed. The motion carries. B. Kartchner Homes: Twin Home Lot Size Discussion Troy Kartcher, 601 W. 1700 S., Logan Utah, oakbrook subdivision next to Heartland project. Would like to create more buffering with twin homes next to this higher density and single family homes. Zoned out. Discussion on zoning this property in the past. Final Plat Valley View Phase #5 Bart Stevens, 210 NezPerce Ave., went over the plat on the overhead screen. Mike move to recommend to accept final plat. Joe Laird seconded. All aye, none opposed. The motion carries. Final Plat Rexburg Business Park John Millar commented that the right of ways have been widen and added sidewalks. John commented on the changes. 8 Jerry commented that he appreciates the City Council for following their recommendation. Jerry move to approve City of Rexburg Business Park Plat 2. Joe Laird seconded. All aye. None opposed. The motion carries. Comprehensive Plan Discussion & Town Meetings Kurt commented that they took the map to the town meetings and that have had discussion on it and made input. Kurt attended at Adams and Lincoln school. Winston attended the Middle School and Kennedy school. They had a lot of good group discussion. nd Gary Thompson, 241 S. 2 E., lives right by the college. Has seen a lot more traffic with the increase of students. He would like to see it rezone in the medium or high density so he can get rid of their properties. They have a lot of elderly people not be able to get out of their driveways and will not drive because of it. David asked if they are in the area within the east main association Discussion of where the boundaries of the east main association. Gary commented that he would like to see the change because he does not want to live in that area anymore. The area is mostly multi-family already. nd Bruce Williams, 262 S. 2 E., he has a big lot and could have a multifamily unit there. He would like to move out of the area. He has tried to sell his home and no one is interested if they were selling it for a single family home. If it were a multi-family home then there were a lot of people interested. He would like to see that it could be changed to go along with what is going on it that area. He just wants to sell his home. nd Rob Zigler, 134 E. 2 S., just purchased the property. They had built the home with an apartment already. He now needs a Conditional Use Permit unless he gets grandfathered and he thinks that it would be good that the students live near the college so that the students could walk to school. Bruce Williams commented that he knows that there is some objection to this proposal but change does happen. Joe Laird talked about some of the comments that he has received. He talked about the nd south arterial going all the way up to 2 East. Discussion on residents wanting the airport to move. The commission decided that it would not happen. 9 Discussion on the south arterial road. Went through the comprehensive plan amendment applications that were received. They agreed there should be single family in front of Smith Park. nd Discussion on changing zoning on South 2 East to multi-family. nd Decided to leave it single family on S. 2 E. Don Sparhawk commented that there should be no mixed use zone altogether. Jerry suggested having if businesses come into the area then they protect the homes. Stephen suggested putting into neighborhood business zone that have businesses to have certain business hours. Don suggested having control over size of building and size of parking lots. Winston said that they want to make the mixed use to be 2 different zones Discussion on extending the impact area toward Sugar City. 10