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HomeMy WebLinkAboutP&Z MINUTES MARCH 28, 1984MINUTES OF PLANNING & ZONING March 28, 1984 eeting of the Planning & Zoning of the City of Rexburg, Madison County, held rch 28, 1984. Present were the following: Acting Chairman: Bob Purrington Chairman arrived Chuck Frost at 9:00 P. M. h9embers: Gerald Taylor Dan Hess Chris Mix Mary Lee Hi 11 Jim Keller Glen Pond Also Present: Rose Bagley, City Clerk Bob Purrington called the meeting to order. Rose Bagley read the minutes of the meeting February 22, 1984. A motion was made by Dan Hess and seconded by Jim Keller to approve the minutes. All Aye. Bob Purrington read a request for a Beauty Shop at 250 Melanie. (Petition on file) A petition was circulated by the building inspector, Nile Brown. On the petition there s two no's from her two nearest neighbors, the balance said yes. Jim Keller said order to give her permission they would have to grant a variance. Glen Pond suggested that we need to proceed with caution on granting a variance. Jim Keller said the state had given us some guide line for granting variances, and they are suppose to be based on hardship due to the nature of the property. A motion was made by Gerald Taylor and seconded by Jim Keller to deny the variance. All Aye. Boyd Price, representing Price Investments in Idaho Falls, was at the meeting to request putting a Dairy Queen on the North East corner of North 2nd East and East 2nd North, which is zoned commercial. The question that needed to be discussed would be the parking and the curb cuts. Mr. Price showed drawings. He would have 40 parking spaces; the curb cut on 2nd East would be a 30 foot cut 155 feet away from the corner and on 2nd North he wanted to put a 40 foot curb cut 150 feet from the corner fora drive through. The set back for the building would be 65 feet from the curb on both streets. There will be a 30 foot patio with a playground on 2nd East. He said they would like to start construction on the lst of May. His request was to have a larger curb cut along 2nd North, there is 16 feet from the curb up to the asphalt. Jim Keller stated after looking at the drawing that most of the parking was on-city right-a-way. Jim also told him he would be scepticale to allow him to rely on parking on 2nd East because of the traffic, as the City grows it would probably go to a 4 lane. The board felt that he would qualify if he would move everything back 6 feet, he would have enough parking. A motion was made by Jim Keller to recommend approval on the basis that he moves his oarking back and provides adequate parking without using the city property and uses a standard curb cut. Seconded by Mary Lee Hill. All Aye. ~` A group of citizens from block 18 boardered by East 2nd North and North 3rd East was the meeting to request that this block be re-zoned to Ri, Louis Hart served as ~okesman. Mr. and P1rs. Ted Garner was also at the meeting concerned about the re- zoning of this block. Mr. Hart said the people on this block wanted to make it known that they did not want their block zoned R3 which was shown on the comprehensive plan, and requested it be re-zoned to Rl. (Petition attached) Bob Purrington asked Ted Garner how he would feel about re-zoning it to R1, they did not want it zoned to Rl. They said they had a big investment on that property, and R1 would make it too re- ~trictive and they could not afford to pay the taxes. The county had agreed to put fill in so they could build on the property. They have 9.87 acres. The Medical Center owns about 6 acres. Per. Garner said they had paid a lot of money from Brownings for the property by the canal. Mrs. Garner said the school is also looking at their property. Mrs. Garner suggested that most of the houses were there when the gravel crusher was there, so they built them around that. Jim Keller told them it is pretty tough for a city to down zone a piece of property without the property owners permission. If the use is such that the property owner wants to re-zone it they really curtail that individuals hand. He suggested that what they might do is to proceed to re-zone their own lots R1 and that would require a buffer zone to be constructed between your homes and any R2 development. Jim Keller reviewed the comprehensive plan which showed that area as R3 and Commercial. Ted Garner asked what was meant by a buffer, Jim Keller explained that there would have to be a six foot fence put up, you can`t build right. up against the property, there has got to be a 20 foot set back. He said if we changed it to R1, we would first have to have a public hearing to change the compre- hensive plan, and then have to have another public hearing to change the zone. Dan Hess pointed out that they would not re-zone the whole block because of the objections of the Garners, so they would have to come back and ask for just their area to be re- zoned. Ted Garner ask who ~vould be responsible to build the fence for the buffer, Jim Keller told him the R2 property owner would be responsible. Bob Purrington advised them if they still feel like it is worth it they would have to come back with a new request to have just their property re-zoned and then there would have to be a public hearing to change the comprehensive plan and another one to change the zoning. They would first come to the Planning & Zoning and they would make their recommendation ~o the City Council. ,~ J. D. Hancock was at the council with a plan for two four-plex on West 2nd South. He said the railroad tracks is on the West side of the property, it is just west of Porter Park. Reed t~Jyatt is building an apartment house on the property east of his lot. The floor plans proposes to have three-bedroom apartments, 40' X 28', with a ground entrance for each of the four units. He said he had given an offer to buy the Whittle property which is at the back of his property. His is zoned R2 and four-Alex's are r~ermitted. To the east of this property Reed Glyatt has constructed a six-Alex. J. D. said he had sold the property to Reed ~Jyatt, and at the time of the sale to Mr. !~Jyatt, he had told him that all you could build in R2 is four-Alex, or single family units. .The reason he had come to Planning & Zoning is the minimum square foot require- ments for a four-Alex is 4500 square -feet plus T500 square_fe.et for'ea,~ch dwelhing',ani~t, and that would total 16,500 square feet. The lot is 907 square feet short of the minimum requirements, for both apartments. If he is able to aquire the property from the ~sJhittle estate, that lot is 19,008 square feet, so that would give him plenty of room. In an R3 zone it would be allowed with the footage that he has now. The other problem is Reed Wyatt is going to put his parking along the boundry line of the properties, but the four-Alex should have a side set back of five feet, and it is only 12 feet or if he is able to purchase the other property it could be moved so that the five feet requirement is there. He said he had five additional parking places. The rear _yard would be 10 feet short, the committee said they didn't think that would be a problem. Chuck Frost told him he would need to work something out on the side yard to get 5 feet. Dan Hess made a motion to recommend that a variance be granted to allow him 10 feet on the rear yard, require the side yard 5 feet as per code, and approve the ultimate plan as designed recognizing the ultimate plan meets the requirements of 9oning but the first unit does -~ot because he does not have enough property. Seconded ~y Gerald Taylor. A11 Aye. Terry Bagley was at the council to show to the council a proposal to build a retirement home on commercial property. He presented drawings to the committee. It would be a two story building, with an elevator with 46 units built on 97,000 square feet of land. said he wanted to have gardens, greenery, and landscaping. This would adjoin Ricks lege property on 7th south and 2nd west. It is south of the College Trailer Court and east of the Armory. He has over two acres. Jim Keller said at one time 7th south was to be widened but Chuck said now it will be 9th south that will be the through street. Mr. Bagley said he had made a survey of the Retirement Centers, in Idaho, "1ontana and Utah trying to create a nice unit. The purposes of this center is for social reasons, to give nice housing, to give them three square meals a day and have someone to watch them. .The lot will be a good size so they can walk around. It will be built with State regulations for a shelter care home. If they need medical help they will be moved to a hospital or a nursing home. They will have to be physically capable of taking care-of themselves. Jim Keller told him he would have to put curb and gutter around it. Chuck Frost said that the zoning does not spell out the regulations for this type of unit. Ne said he will have 49 parking spaces, in making a survey only 50% of the residents will have a car. He will have 46 units and can put two or three people per room, with each room having 288 square feet each. There will be 12,500 square feet per floor. Jim Keller said if we go by the regulations for apartments he would need to-add ten more parking places. A motion was made by Jim Keller to except the plan as long as it will comply with parking requirements and curb and gutter requirements. After discussion, Jim Keller ammended his motion to allow a variance on parking to have less than the required parking and to have curb and gutter and meet all other requirements. Seconded by Gerald Taylor. All Aye. Jim Keller told him he would also have to provide for surface drainage. ck Frost told the group that the committee had met and went through the Sub Division finance and made a number of changes. The committee felt good about it and had read and discussed every word. Every future subdivision would be required to have sidewalks. Jim Keller said he thought that all developers shnuld be required to put in X dollars for storm sewer. They should be assessed a drainage fee to be put in a fund, or we need to separate ordinance requiring every developer to build a drainage on sight. Up to now drainage has not been considered a problem. Chuck Frost said that on page 21 there is a clause that might handle it, or it could be added to page 30. Mrs. Bagley was asked to have the City Attorney check this out. A motion vas made by Dan Hess to recommend to Ordinance with any changes the City Attorney Seconded by Gerald Taylor. All Aye. the City Council the new Sub Division or the City Council feel necessary. Adjourned