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.
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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
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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.
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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.
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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
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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.
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) Ted Whyte requesting annexation of 1 parcel on 863 South 5 West.
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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:
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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
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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.
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Joy Huskinson requesting annexation of 1 parcel on 668 East 7 North.
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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.
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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
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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.
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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
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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:
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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Discussion on changing zoning on South 2 East to multi-family.
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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.
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