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HomeMy WebLinkAboutP&Z MINUTES AUGUST 29, 1990~---~ .,-J ~ j ~~ w~. 'f 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 ~~ 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 ~~ ordinances. ~_ 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. ~, ' rv, ~„~, 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 ~~ 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. ~~-~ ~f ~ 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.