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Home My WebLink AboutP&Z MINUTES MAY 10, 1978~ ', _.__ MINUTES OF THE REXBURG CITY PLANNING AND ZONING COMMISSION Present: jim Keller, Chairman • Bob Purrington Whitey Brock ~ . Alice Tout jim Flamm Gale Weber Wood Miller Leonard Longhurst Meeting held Ma_y 10, 1978 , at the City Council- Chambers , City of Rexburg. Meeting called to order at `7 ~ 3 6 p . m , by Chairman ; Jim Keller . Minutes of the meeting held April I2, 1978 were read, corrected and approved. Follow-up Items from the previous minutes 1. Alice Tout reported concerning the possibility of a platted street into the Zachreson property at 3rd South. The Court House shows the City deeded the land in question to Barrick & Nielson some years back and indeed 3rd South ends at .5th West . 2, jim Keller reported that Gill Hathaway's property at 122 N. 4th East did indeed meet the City's lot size requirements fora 4-plex.~ The City discovered Mr. Hathaway actually owns. the land 4 East is built on in front of his land . The City Council ruled that Mr. Hathaway's property line would begin 5 ft. behind. the existing curb which would make Mr. Hatha~ay's lot 100' x 107' . Also, Mr. Hathaway agreed to increase the ``~'a~~of the 4-plea units by 2 ~t {to acquire the needed 800 sq . ft . of floor space per unit. iz~=aft ,.~~-~ 1~,,~~r~ ~,,~- .. _ ~. { r "t g' f~I ~ d~ t i ~ n' tG'~~ t' ~ ~ rj ~a,{_- 3<` ~~ ~ LC`L_[C'~ A ,9..f L (_~'i~G" y 04"i K~ te., i~ ~ hQS~ :~_ New Business: F«v~.er~ Item $~l Mr. Charles M. Feely was present to present a proposed apartment complex at 147 S 1st E . He requested a zone change. from R2-R3 to allow a three story building of 42 units . The lot configuration is approx as sketched His drawing showed the complex built on the property line in back. The Board informed Mr. Feely that the City requires a rear 20 ft. set back unless the back wall is a fire wall which sometimes allows a 15 ft. set back. The Board requested Mr. Feely get a letter from the Fire Chief regarding the allowable set back . After considerable discussion involving the involved hearing process of amending the Board approved comprehensive plan and attached maps , as well as the required approval of 50% of property owners within 300 ft. before the zoning change could even be considered, Mr. Feely withdrew his request for rezoning. The new comprehensive plan shows Block 50 (including Lot 3 of Mr. Feely's) as medium density. The new proposed zoning ordinance for Rexburg allows 6-plexes in R2 zones but it will be sometime before this ordinance is passed .~ The Feely proposal was tabled for further review. %s -2- • Item #2 Mr. Burt and Mr. Arlo Nelson were present to show the completed pre- liminary plat of the townhouse development of the Zachreson property called the Pinefield Village and the single family subdivision called Westpark . The Pinefield Village plan showed many 5 plexes and some 6 plexes in an R2 zone . The plan also shows an area of apartment units , also not allowed in an RZ zone . Mr. Nelson discussed the bylaws and the Homeowners Association for the Pinefield Village . The Board recommended that the City Attorney review the bylaws as a condition of approval of the final platting. The Board discussed the naming of the street coming off 5th West. The developers suggested Forest Avenue but the Board felt perhaps 355 S would be more in line with the present street numbering system. Mr. Nelson felt the Pinefield Village would be developed first with Westpark soon after. Even though Mr. Nelson challenged our interpretation of multi dwellings allowable in the R2 zone as being no more than 4 plexes, he did agree to abide by it. The proposed road to-the 3rd Ward Church House from the Zachreson property • now included in a City LID was discussed with its effects on the Zachreson property development . Garbage,. parking, postal delivery, street lighting, narrow streets. and need for more recreational vehicle parking were discussed . A motion was made by Gale Weber to recommend that the City Council approve the preliminary plat plans for the Pinefield and Westpark development by Zachreson with the following conditions: 1. The maximum building size allowed will be 4-plexes. 2. The street Forest Avenue will be 50' back to back with a 66 ft. right- of-way all the way through . 3 . The street Pinefield Court will be 44' back of curb to back of curb . 4. The parking access streets to be 28' . 5 . The parking areas to be 65' in width . 6 . The parking spaces to be 10 ft . wide . 7. That Forest Avenue be numbered approximately 355 South to confirm with present street signing. The motion was seconded by Leonard Longhurst and passed unanimously. Item #3 john Zircher appeared before the Board to protest Hathaway's development of a 4-plex at 122 N 4th East. %eG -3- Item #3 (continued) The Board reviewed the action taken by the Planning Board and the City Council regarding the project . The Planning Board denied the 4-plex request because the 800 ft. minimum floor space was not met. There was also considerable question if the minimum lot size was met since the exact lot size was in doubt. The proposal was then taken to City Council after modifications were made , before coming back- to the Planning Board . The Council discovered that 4th East was built on unplatted property on the east side and that Mr. Hathaway actually owned the property the street was built on in front of his land . Since the ruling was made by the Council to establish his property line 5 ft. behind the curb, this gave him a lot size of 100' x 107' meeting the minimum lot size requirement. Since no variance seemed to be required, he did not come back to the Planning Board but obtained a building permit. at City Hall . Mr. Zircher contends that the requirements of the zoning ordinance v~rere indeed not met; specifically: 1. Front set back--Mr. Zircher contends that since most of the homes average about 40' set backs, Mr. Hathaway should be required that established set back also. 2 . Rear yard requirement--On page 7 of present zoning ordinance , a rear yard is defined as an open unoccupied space on the same lot with building. Mr. Zircher contends using required rear yard for parking does not constitute an open unoccupied area. • The Board recommended that Mr. Zircher contact the City Attorney to rule on the set back required of Mr. Hathaway... He could also check with the City Attorney regarding the legality of parking in the rear yard requirement . Gale Weber was assigned to follow through for the Board by contacting Mary Smith, the City Attorney, for a ruling regarding parking in the required rear yard. Item #4 Concern was expressed by the Board regarding the increasing lack of parking for Ricks College; particularly for the new Fine Arts Building :under construction . jim Keller will invite Rex Bennion to come to our next Board Meeting to discuss parking at Ricks College and also the 7th South Street question. Item #5 A petition was shown to the Board signed by Keith L. Peterson for the LDS Church , Boyd Holdaway, Blair Manwaring , Robert Perkes , Owen Slaugh and Lynn Speth, requesting annexation to the City of Rexburg to obtain sewer hook-ups onto the sewer system now being installed by Kent Jolley for Crest Haven Subdivision . The petition is attached . Leonard Longhurst made a motion that the petition be referred to Mary Smith and the City Council for consideration to jointly annex these properties with the Crest Haven Subdivision. Whitey Brock seconded the motion which passed unanimously. ~7 -4- Item #6 Committees were assigned to study the new proposed Rexburg City zoning ordinance and subdivision ordinance prepared by Arlo Nelson, Planning Consultant . Zoning Ordinance Committee Wood Miller, Chairman jim Keller Leonard Longhurst Gale Weber Will meet May 24 , Utah Power Auditorium , ? : 3 0 p . m . Subdivision Ordinance Committee Alice Tout, Chairman Chuck Frost jim Flamm Bob Purrington Whitey Brock Will meet May 2 5 , Tout Realty Office , 7: 3 0 p . m . • Reports of committees will be due at next month's meeting. Meeting adjourned at 10:30 p.m. •