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HomeMy WebLinkAboutP&Z MINUTES JUNE 24, 1992~~ • Planning & Zoning 6/24/92 7:30 P. M. Those Present: Chairman: John Millar Members: Davawn Beattie Dave Pincock Marsha Bjornn Jim Long Scott Mortensen Excused: Mary Ann Mounts Representing the County: Richard Smith Jerry Jeppesen Councilman: Jim Flamm City Clerk: Rose Bagley A motion was made by Dave Pincock and seconded by Davawn Beattie to approve the minutes. All Aye RE: PLAT FOR MADISON MEMORIAL HOSPITAL PRESENTED AND ACCEPTED John Watson presented a Plat for Madison Memorial Hospital. They had discovered that it had never been platted. Mr Leavitt from Harper-Leavitt Engineering was at the meeting to explain the plat. They need this plat to clean up the deed. John Millar stated that it appears it is more a record of survey than a sub division, just house keeping basically. Nothing is changing. John Watson said they mainly want to define where the property lines are. A motion was made by Scott Mortensen and seconded by Dave Pincock to accept the plat as presented. All Aye RE: A DISCUSSION ON AGRICULTURAL ZONES John Millar said they had talked about having two agricultural zones, one in the city and one in the impact zone. The county stated that if it is agricultural, it will be used for agriculture and not commercial or industrial. They had discussed taking the impact area and determining the existing uses and putting together a map similar to the one Ranae did for us. Then establish a zoning map for .that area. Richard stated that in discussing it with the commissioners and the members of the committee, he thought the concern was where we would draw the line between agricultural and residential, and designate what constitutes agricultural and what constitutes residential. Marsha suggested a residential-agricultural zone. She said they had that in Ammon. John said we need to define if a sub division is in the impact zone, if they would fall under city requirements. Do we want to develop rural residential zones without curb and gutter. If we do that in ten years from now the city will grow around it and it will be an area that is not compatible. Jim Long questioned if Barney Dairy Road keeps developing will it need to be sub divided.John stated that the state law states if it is divided into five lots it will have to be sub divided. The city ordinance requires it be sub divided if it is divided into three lots. Jim Flamm stated that we need to protect those people who moved out of the city and are on small lots but moved there so they could have animals. Richard stated that if you established a residential zone it would not have the same regulations as the city. There would be Commercial and Agricultural zones. Anyone who wanted to build a sub division would be subject to sub division regulations. Anyone who wanted to build a home on a five acre parcel would fall within the agriculture zone. John said five acre parcels are allowed without sub dividing. Richard stated that if you start putting homes in too close you will run into problems with septic tanks, so there needs to be some provision made for small lot size. John said one thing the commissioners wanted to protect was the frontage along farm to market roads. Richard said that anyone that develops property should have to provide streets, curb and gutters and utilities. The commissioners wanted to establish somekind of a master plan and set some rules. John said his feeling was that the county wanted to zone everything as it is right now. If someone comes in and wants to put in a sub division then they will have to come in and have a zone changed. A question was do we want to develop a rural residential sub division ordinance. A discussion that five acres lots be allowed and if they want small one acre lots then they need to come with a plan. John said we would need to develop in the ordinance if they are a reasonable distance from the city whether they would have to hook onto the city sewer or not. Running the line would be the developer's expense. All developments in the impact would not be required to hook onto the sewer, we would need to set up the guidelines. (discussion) Richard stated that we need to have enough rules that they need to come to the P & Z, or City Council or County Commissior_ers to tell them what they are going to do. John said there are areas contiguous to the city that we need to restrict to regular sub division requirements. RE: MARY ANN MOUNTS APPOINTED TO DRAW UP A MAP OF THE IMPACT ZONE It was suggested that we have someone draw up a map of the impact zone showing the existing use. it was suggested that Mary Ann Mounts would be qualified to do this. A motion was made by Scott Mortensen and seconded by Jim Long to contact Mary Ann Mounts to hire her to draw a map showing the existing use of the property in the Impact Zone. The fee will be left up to the Mayor and Council. All Aye John said it was decided that any farm related residence that existed would just be part of the farm. Richard suggested that in Fremont County it stated on their deed that this property is in an agricultural area and you are acknowledging that there will be noise, dust etc. What this board does in the impact area will really set a tone. Pat Schess, 77 West 1st South was at the meeting requesting to put a fence along the side of her property and across the front. She was told it would be allowed if it was three feet high. It would have to be one foot behind the sidewalk. RE: SOME DISCUSSION ON SIDEWALKS, CURB AND GUTTER (BLAINE SHAW) f ~~~ The city sub division ordinance requires that curb, gutter and sidewalks be installed on a sub division. We have not done that on some. John discussed the one that Blaine Shaw is doing on 5th South 2nd West. Now he has 100 feet of frontage and eventually he will have 500 or 600 feet of frontage, so he was told by the Mayor right now that he does not have to put the 100 feet of curb gutter and sidewalk. We are getting more and more of it, where is the line drawn. In the sub division ordinance there is a provision that allows them up to two years to put it in if they post a bond for 110 of the cost of the improvements. Jim Long stated that if you look at Woodruff there are problems because it wasn't done when the building were built. John stated that for example the Walker sub division was built on a county road. The sub division ordinance requires that curb, gutter and sidewalk be put in and the road widened to that curb and gutter. Jim Long asked if Blaine Shaw understood that he had to put in curb and gutter. John said he understands that when he builds the next phase he will have to put curb and gutter in for the whole thing. Dave Pincock said the ordinance states if they don't put it in when they start the development they have to post the bond. John said he and the mayor had told Blaine he could put in the curb and gutter when he did the next phase. A motion was made by Dave Pincock and seconded by Jim Long that we follow the ordinance and require sidewalks, curb and gutter on new sub divisions. All Aye. i Scott Mortensen left at 8:30 P. M. RE: PUBLIC HEARING FOR A VARIANCE FOR CARL THURGOOD 8:30 P. M. Public Hearing for a variance for Carl Thurgood to allow a garage to be constructed. on the property line on the West and North aides of the lot owned by Carl Thurgood at the property located at 165 East 1st South. (copy on file). Jim Long stated that he was not at the last meeting. When the property was all in one ownership, the foundation was laid. Eph Willmore owned the property and was going to build a garage and go farther to the west but there was a maple tree there and Jim had talked him into leaving the tree. John said it appears that it is a retaining wall and not a foundation. Carl Thurgood stated that he had talked to Liz Willmore, who affirmed that Eph Willmore was going to build a garage there previously. Mr Thurgood presented a Drip Line easement from Autumn Arber. (on file) Joe Romney -53 South Millhollow. He owns the property on the West of the easement and has no objection. There is also a petition which was submitted by Carl Thurgood of • property owners not objecting. (on file) ~~ John said the Planning & Zoning board grants the variance and it does not go before the city council. A motion was made by Dave Pincock and seconded by Jim Long to grant the variance. All Aye. Carl Thurgood questioned in the beginning he had tried to go with a continuance. The mayor and John Millar had come over to look at it and saw the rebar. He wondered why they still have to go through the variance. John said they did not have all the facts until tonight. All we can do is go with the facts we have. The rebar could have been put in to put up a fence. Marsha said there was to many questions to allow it without a variance. The board told him if property owners change, a variance would allow for title insurance. The board also has to be consistent in all decisions. This would protect all parties involved. RE: A REVISED FINAL PLAT FOR THE WALKER SUB DIVISION John Millar showed a revised final plat for the Walker sub division. He had a conflict, but there would be no decision made tonight. The plat is done but has not been staked out and the final plat cannot be approved until it is staked. The final plat would be ready for review in two weeks. Discussion on curb, gutter and sidewalk on Technology Way. Jim Flamm was ask to check on an LID for curb, gutter and sidewalk on that street. The property East of 3rd East, South of the river, North of the canal, when it was annexed it was annexed as commercial. When the re-zoning process with our new ordinance was done last year, it was zoned to Industrial. That was not the intent of the board. A petition from the Walker family was presented for a re-zone for a change in the zoning to H.B.D. A motion was made by Jim Long and seconded by Marsha Bjornn to go through the process to re-zone the property to H.B.D. All Aye Meeting adjourned. ~~~t~os ~3 • EASEMENT This is an agreement between Autumn Arbor Townhouse Association, 44 South 200 East, city of Rexburg, Madison County, Idaho (Grantor) and Carl J and Suzanne R. Thurgood, 165 East 100 South, city of Rexburg, Madison County, Idaho (Grantee) granting an easement for an overhang on a garage being erected on the northeast corner of Grantee's property. Whereas: 1:' Grantor owns real property in the city of Rexburg, Madison County, Idaho, described as follows: Commencing at the Northwest corner of Lot 4, Block 37 of the city of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence South 255 feet, thence East 77.25 feet, thence South 75 feet, thence East 30 feet, thence Nort.r; 8v feet, thence East 57.75 feet, thence North ~s~ feet, thence East 165 feet, thence North l65 feet, thence West 330 feet to the point of beginning. 2. Grantee owns real property in the city of Rexburg, Madison County, Idaho, (adjacent to Grantor's property described in paragraph "1" above) described as follows: Commencing at a point 10 rods West of the Southeast corner of Lot 4, Block 37, of the original Rexburg Townsite, as per the ;;~ recorded plat thereof, Madison County, Idaho, and running thence North 80 feet, thence West 3 1!2 rods, thence South 80 feet, thence East 3 1/2 rods to the paint of beginning. ALSO: Commencing at a point 154 feet West of the southeast corner of Lot 4, Block 37, city of Rexburg, Madison County, Idaho, and running thence North 82.5 feet, thence West 11 feet, thence South 82.5 feet, thence East 11 feet to the point of beginning. 3. Grantee has obtained a variance from the Rexburg City Planning and Zoning Board and the Rexburg City Council to build a garage on the northwest corner of its property abutting Grantor's property, and the eaves of said garage will overhang Grant.or's property. 4. Grantor previously agreed in writing to the construction of said garage by Grantee. Now therefore, the parties agree as r~ollows: 5. For value received, uu^rantor hereby grants a perpetual easement to Grantee to permit the eaves of Grantee's garage to overhang, and to drip or drain rain, sncw, and other natural materials upon Grantor's property, and to hold Grantee harmless from any damage that might resul t f rom such natura ( runoff frcm . said eaves. " ~~ (Easement: Autumn Arbor, Thurgood) 6. This easement shall be perpetual and shall run with the' land. Dated ~-~ ~~- ~~~ Grantor: Autumn Arbor Townhouse Association b Y ~~~ its Dated '~~- ~ Grantee : ~'J - ~ a, ,1 Thur ood ,, .~ , G uzanne R. Thur od State of Idaho County of Madison On this /"ay of - 1992, personally appeared ~/ of Autu n Arbor Townhouse Association.. !rho ~~ •'.. du 1 y ac- kedged to me that they executed the within i ns~r3~rr~/ ~, - for and on behalf of said associate as it act nd deed.." ~'' ~ ~-:' ~~~ ',a: a,,.: ~' Residing at ~ •- °~(~ta _ ,;; ••~ My commission expires ~ - ~.~~'••••.•~~ '~ ~~~ „`t~ ~'S au • ,, ~~~ \~ State of Idaho '"'"~ • County of Madison On this ~ day of 1992, personally appeared before me Carl J Thurgood nd uzanne R. Thurgood, signers of:.the above instrument, who duly acknowledged to me that they exQCUted the same . ~ •~. - ~ t No ary bl i c '' ~ 7 ' `t Residing at d My commission expires ~~--1~~? r !~, ~ ~.:: ~ ~ ~'' ~ ~, ~®rt - ~~~~ y y ~3~J11 ,~ ~~_ . _-ounry of AAadison ) 5S ~''~` ~ ~ ' ' ~- y hereby certify that ;he within instrument was ^led 1 4 1992 9 at ~~ ~~ fit, and :corded on Fiin :~ ~ ~3 ~ ~_ r=ee~~ 6E~~-~-,EESE, R ~de< eputy n r' uest .,