HomeMy WebLinkAboutP&Z MINUTES MARCH 22, 1989~~a
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Those Present: Chairman:
Members:
Councilman:
City Clerk:
Planning & Zoning
March 22, 1989
John Millar
Mike Larson
Chuck Frost
Barry Genta
Chris Mix
Glen Pond
Rose Bagley
A motion was made by Mike Larsen and seconded by Barry Genta to
approve the minutes as mailed out. All Aye
The first item on the agenda is a change in a permit on a piece of
property zoned Limited Commercial at 359 South 5th West previously
known as Check Stop. It was changed by ordinance in October 1988 to
Limited Commercial.
Wes Lawrence said he thought it was recommended by the Planning &
Zoning to be changed to Commercial without. any limitations. He ask for
a review to see if the minutes showed the recommendation. Glen Pond
pointed out that that is a mute issue, because what the Gity Council
passes we are stuck with, and the council passes the ordinance for
Limited Commercial. Chuck Frost read from the ordinance. "The
following described property located in Rexburg, Madison County, Idaho,
is hereby zoned Limited Commercial:
SECTION II. If the commercial use for which a permit is issued changes,
or ownership of business or property changes, a new permit must be
acquired.1° John Millar said that is in accordance to page 33 in the
Funning and Zoning Ordinance.
Wes Lawrence said he wanted to make a recommendation that the zoning be
changed to .Commercial instead of limited Commercial.. Lawrence ask if
this pool hall is not permitted to go into that building, could they
go into a building dawn the street that is zoned commercial. and operate
out of that location. John Millar said the only concern is if it is
too close to the school. Chuck Frost said there was a lot of
opposition in September about zoning it straight commercial. John
Millar said a petition was sent around to all the property owners
within 300 feet of the property. Seven people signed the petition and
all of which objected to the tavern, and two property owners. refused to
sign. Parking was discussed, you would need one parking place for each
five patrons. So there would need to be a minimum of 8 parking
places. John Millar said the ordinance is quite clear, reading from
the ordinance page 33. The petition was sent around and 100 were
against it. Mr Whittaker said if he couldn't put the pool hall in the
location where check stop was could he put it up the street on
commercial property in the buildings that Garnet. Lewis owns. He was
told that if it is commercial property it will go to the City Council
for approval. Mike Larson told him we would have to go through the
same procedure even if a Floral Shop wanted to go into the property at
359 so 5th West. Mr Whittaker indicated that the reason there was
opposition was that it was on the front page of the paper, before he
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even was able to meet with the Planning & Zoning. Channel 8 news •
?~ called him to bother him and then had it on Channel 8 news. Craig
.Ienkins from Channel 8 news said he objected to that, he said they
didn't talk to him. Craig said they wanted to let him tell his story.
Mr. Whittaker said he didn't want the whole world to know about it.
Glen Pond. told him that he made it Public when he came. to city
council. Mr Whittaker felt like it was discrimination because there
were other businesses on that street, whey couldn't he put the pool
hall there. Sohn Millar said that it had been zoned. residential since
it was originally zoned. Glen said maybe the use has changed but the
zoning has not changed. A motion was made by Chuck Frost that the
request far the tavern at 359 South 5th West be denied because of
opposition and it does not meet the requirements of the ordinance
seconded by Chris Mix. Mike Larson abstained because his employer owns
property adjacent to the property in question. All other members
voting Aye
The other item on the agenda is for a proposed Cellular Telephone tower
up located up by the water tower. The tower would be 300 feet high..
John Millar said it would have to comply with height zoning and would
have to be lighted, and comply with the FFA Part 77 Air Space. The
building would be a modular move in. They are putting one in in Idaho
Falls, Shelley, and Pocatello. That area is zoned Rl Residential..
There are other antennas up in that area, plus the water tanks and a
potato seller. Chuck Frost said it should not be a problem as long as
it meets the height requirements and is well lighted. The committee
tried to decide where it would be located from the drawings. They
instructed the clerk to contact them to find out the exact location and
get a property description. before a decision could be made. They also
suggested that property should be re-zoned to allow that type of
construction. They suggested that the zoning be Industrial with
limited use. They had no real objection to the tower but felt it
should be done right and zoned right. Mike Larson stated that the
zoning book is dated 1968 and needs to be updated.
Chris Mix asked to reopen the discussion on the tavern. She felt that
it would be better to have the tavern at 359 South 5th West than have
it north on 5th West in the Garnet Lewis buildings. It would not have
as much of an impact on the citizens. Glen Pond said it would be
better than, having it closer to the school. Chuck Frost said the
ordinance says we have to have 80~ of the property owners not objecting.
to the business before we can okay it.
Meeting adjourned.
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