HomeMy WebLinkAboutP&Z MINUTES AUGUST 29, 1990~---~ .,-J ~ j
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PLANNING & ZONING
08/29/90
Those Present: Chairman: John Millar
Members: Mary Ann Mounts
Jim Long
Chris Mix
Dan Hess
Scott Mortensen
Mike Larson
Excused: Chuck Frost
Also Present: Councilmember: Glen Pond
City Attorney: J. D. Hancock
City Clerk: Rose Bagley
Building Inspector: Glen Bean
Other councilmembers present: Nyle Fullmer, Farrell Young, Brad
Liljenquist.
RE: APPROVAL OF THE MINUTES.
A motion was made by Jim Long and seconded by Dan Hess to approve the
minutes. All Aye.
RE: REQUEST FROM THE NELSON FAMILY FOR A-VARIANCE AT 211 5 3RD W.
Andrew Nelson Family request for a variance at 211 South 3rd West.
Nylyn Nelson and a David was at the meeting. David Nelson presented
some facts. They would like to establish something of historical
significance, something with dignity, something of value to the city.
One thing missing in the culture is an era in history of the LDS
church, which many people lived. They would like to create a living
example of that. Jim Long ask if they had contacts of maintenance. Mr
Nelson said they visualized some sort of a transition from the present
and would seek support from the LDS Church and College. Jim ask his if
he was aware that there was a registering at the National Historical
Society. They had not looked into it.
Chris Mix ask how many years they expected to be in transition and how
many years did they anticipate using it as a residence during the
transition. Mr Nelson said it would depend on the funding. Chris ask
if he was asking for a conditional use permit. Mr Nelson said he
didn't know what term would be used. Mr Nelson understood that because
it was zoned com~-nercial, they could not do anything to restore it or
maintain it. The group told him that was not correct.
Chris said she had called Mr Humphreys at Wheeler Farms in Salt Lake.
He suggested that liability would be a problem. Mr Humphreys also
stated that any remodeling that is done if a variance is granted would
have to be under a commercial code. The group discussed other
historical farms in Utah. Mary Ann Mounts ask if they had contacted
the college about restoring the property. David Nelson said they had
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contacted Salt Lake about it and they thought it was a good idea but
did not have funds to put in it.
Jim Long told Mr Nelson about a book written by a man from New York
about Mormor. Landscape. He identifies villages all over the West and
one he talks about if one is Lewisville. You can identify in the block
where the four original houses were.
John Millar told them the problem is the livestock and ask what the
plan is on the number and types of livestock. Mr Nelson suggested that
we let research answer that question.
Scott Mortensen told them everyone has rights and we have ordinances in
the city to protect everyone's rights. When we grant a variance to an
ordinance that usually means that we have to take into account all the
neighbors that surround that property. He ask if we grant a variance
if things would just remain the same until a fund is established to
develop the plan. Mr Nelson said he couldn't answer that.
Dan Hess stated that he was familiar with the Jenson and Wheeler Farm
and that he had a museum in Ashton. He stated that the Jenson Farm has
a $400,000 budget at year, with a staff and two PHDs on 40 acres. He
suggested that if the Nelson's want to do this that they put it out of
town with plenty of parking and no problems with variances or
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Jim Long told about a place in California where the city grew around
the farm and everyone was concerned about the smell of the animals. It
survived because the way it was cared for. It is possible, it can
happen in the city.
John Millar said the city took a petition around to all the property
owners within 300 feet, 16 did object and 8 did not object making a 2/3
objection to the proposal. Almost universal the objections centralize
around the pigs.
Nyle Fullmer was at the meeting and ask what if the pigs were relocated
on the property. He ask if the livestock is essential to the plan. If
a variance was not given for the livestock would that shatter the
plan. Another concern is each letter says after the variance is given
then the plan will be developed. Mr Nelson only stated that it would
be a long term project. Nyle stated that problem is the livestock for
the variance, they can do what they want with the property.
J. D. Hancock stated that with the Grandfather Ordinance you cannot
increase and expand the amount of livestock from the original amount.
John Millar state that we need more definition. Chris Mix said we
would need a plan on which we base our decision for or against the
. variance not a concept on paper.
Mr Nelson ask the Planning & Zoning if they could define what would
satisfy them.
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John Millar stated that the variance issue is on livestock. We are
going to need plan on the number of livestock and how they are going to
be taken care of, and how they are going to be housed. It is based on
the present situation and not on proposed.
Chris Mix stated that she would like to go on record as agreeing with
what the Nelsons are trying to do in concept but not wanting to make a
favorable recommendation to the City Council until we have a plan and
would like to see some letters of intent or interest from Ricks College
or from whoever else. You need a financial plan. We need a feasible
study.
A motion was made by Mary Ann Mounts to has to comply with the number
of livestock that was there whey. the zoning ordinance was made and deny
a variance at this time. Seconded by Chris Mix. Those voting aye:
Scott Mortensen, Mike Larson, Chris Mix, Mary Ann Mounts. Abstaining:
Jim Long and Dan Hess.
Brad Liljenquist was at the meeting. His question was do we enforce
the ordinance. It appears to him that they are in violation of the
ordinance. Glen Pond said the issue is if there is a variance of
maintaining the livestock.
Mike Larson told the Nelsons that without a plan they could not approve
a variance. A motion was made by Chris Mix that the Nelsons come back
with a plan. John Millar told him we would need a site plan. Nyle
Fullmer told him we would need to know how many and what kind of
livestock. Chris told them with the new plan bring a plan as it is
today with the changes. The motion was seconded by Dan Hess, all aye.
RE: DISCUSSION OF DR. CROUCH'S REQUEST FOR A `JARIANCE.
The next item on the agenda was Dr Max Crouch and Gary Aimen requesting
a variance to build a pharmacy and doctor's office on the property just
east of the Rexburg Medical Center. John Millar ask them if they were
aware that that land was a landfill. They would need to be concerned
about building with the methane gas. You will need to verify this.
EPA has tests and studies that can be done. Mike Larson stated that he
should withdraw because he might have a conflict because he is on the
hospital board. The clerk told him as long as he states his conflict
it will not be necessary. Dr Crouch said he needed property close to
the hospital. After a long discussion. A motion was made by Mary Ann
Mounts and seconded by Jim Long to grant a Conditional Use Permit for
the Professional Office and Pharmacy. All Aye. {on Thursday Mr Aiman
called the city clerk to say after doing tests the property they would
not be able to build on that property.)
RE: REQUEST AND APPROVAL FROM HANNON PROPERTIES FOR AN ANNEXATION AND
A ZONING CHANGE FOR A COMMUNITY SHOPPING CENTER.
The next item on the agenda was Nick Hannon of Hannon Properties to
request the annexation into the city and the to have it zoned
commercial for a community shopping center restaurants, financial •
institutions and any other non-industrial related commercial use the
property just north of the city now owned by the Walker farm. This
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would be a 28 acre parcel of property. Mr Hannon showed a site plan.
There are two homes there that will be moved or torn down. He stated
that he and his partner own and operate about 100 shopping centers
through out the United States. Jim Long ask if they had done any
economic studies. He said they had done a lot of study and looks
feasible. Entertainment units will not be in this parcel. There will
be two anchor businesses in the parcel. You are talking about a six or
seven million dollar project. John Millar told him it was in the flood
plan and they would be responsible for this. Jim Long ask
about landscaping. They spend about $130,000 on landscaping. Keith
Walker was at the meeting and said he did not object to the annexation
subject to the sale of the property. Mr Hannon said they were not
totally convinced they want to be in the city, but as a good citizen
they would like to come into the city. Mr Hannon stated that sales
from the mall would bring about 30 to 50 million dollars a. year to the
city. They are planning on having it ready by Christmas Season of
1991.
Jim Long ask what kind of an obligation does Planning & Zoning and the
City Council have to the downtown area. John Millar said his
understanding is as long as he complies to the requirements meeting our
laws, we can not preclude it because it might cause competition to
someone else.
John Millar told the group that the Master Plan showed that a corner of
that property is Industrial and part is in low density residential the
rest is commercial. We would have to amend the master plan because it
within the impact zone. Mr Hannon said that this type of a
development could be devastating to certain businesses in the downtown,
but he could also demonstrate to them that it would be a draw into this
community and keep people from going to Idaho Falls. In reality it is
a pretty stable community. The strong will survive and the weak will
suffer.
Mike Larson ask him if all his developments were in the east and this
is the first in the west, why Rexburg. Mr Hannon said he had looked
all over Idaho and found two communities that interested them and this
is one.
Jim Long again questioned the impact on the downtown area. Mr Hannon
stated that as a county property, he thought he could comply with our
requirements if annexed to the city. He would like to work with
community, but he could do it with or without the annexation to the
city. A discussion from the group followed.
A motion was made by Chris Mix to recommend to the city council that
we annex the property to the city, amend the master plan and zone the
property Cl contingent to the sale of the property to allow a community
shopping center, restaurants, financial institutions and any other
non-industrial related commercial use. Seconded by Dan Hess. Those
voting aye: Chris Mix, Dan Hess, Scott Mortensen, Mike Larson,
abstaining: Mary Ann Mounts and Jim Long.
The city clerk was ask to get a petition taken around.
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RE: APPROVAL OF THE PLANS FOR A SENIOR CITIZENS COMPLEX.
John Millar showed a set of plans for review for a Senior Citizens
Complex for 2/3 of a city block on 4th South and 3rd West. A motion
was made by Jim Long and seconded by Chris Mix to approve the plans
upon the plan review of the city staff. All Aye.
RE: DISCUSSION ON THE ZONING ORDINANCE.
Re Nee Mc Gee was at the meeting to discuss the zoning ordinance. A
discussion on too much commercial property and no substantial pieces of
property near the hospital for professional offices. She
told the group that there is too much multi-family housing.
Neighborhood meetings was discussed. Ms Mc Gee was to get with Rose to
set up these meetings.
RE: DISCUSSION OF BUILDING REQUIREMENTS.
Building Permit requirements were discussed. John Millar gave handouts
about these to the members to study and talk about at the next meeting.
Meeting adjourned.