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HomeMy WebLinkAboutP&Z MINUTES JULY 22, 1992 Planning & Zoning 7/22/92 7:30 P. M. Members present: Chairman: John Millar Members: Jim Long Marsha Bjornn Mary Ann Mounts Jeff Walters Scott Mortensen Davawn Beattie Councilman: Jim Flamm City Clerk: Rose Bagley Attorney: J. D. Hancock A motion was made by Jim Long and seconded by Scott Mortensen to approve the minutes for July 8 and July 15. All Aye RE: DISCUSSION ON THE CLOSURE OF HARVARD John told the board the council would like the board to make a recommendation of the closure of Harvard Avenue. Mary Ann said we need to try to decide the merits of just closing Harvard irregardless of the building of the apartments. Jim Flamm stated that the street has no ~" use now, but as he goes back and looks at every street in the city that has ever been closed, he wishes they were still open. John Millar said he was not sure that street would every be built. Jim Long stated that if we close that street we should go clear down to the corner and close that as well. Mary Ann asked if Mr Henderson needed the parking next to the apartments and across the road as well, because if he doesn't need both the parking lots, he doesn't need our approval. The only reason he needs the street closed, is because he can't cross the street from one parking lot to another 5.5-C. John told the board that on the original plan in the restrictive covenants that lot he wants for parking was set up as a parking lot for developments. The people that bought the lots next to that lot should have been aware of that. (discussion) J. D. Hancock stated that the City does not have funds and will not have funds probably for several years to develop that street so it will stay just like it is, whether we abandon it and give the property to the owners or leave it like it is. The board felt that 5.5-C was an error in our ordinance and was not worded correct. We did not want parking in LDR1. L Jeff Walters stated what it comes down to is what is the city's interest in keeping the street open. Are they going to need the street for expansion and future use or does the city have an interest as part of the zoning to help maintain the property value of those that have . residential homes. He said he hated to see a street closed, but he did not see any chance they would develop the street. Aspen Apartments is ~(~ right in the way for the street to go through further south and Harvard that ie developed is too narrow to put much traffic down it. If there isn't an interest to develop the street, then there is a question of the property value of the others. At the time those people bought their lots they could have had an apartment next door because it was zoned for apartments. It looks like the city doesn't have much interest in keeping the road open. Jim Long said it doesn't sound like we would be defensible in court. Jeff said he wasn't sure he could compel us just because the city doesn't have an interest in keeping it open and didn't think he could go to court and compel us to close it because of that. If Mr Bird and the other property owner along that street decide to put in an apartment complex and want to put more than one access to their apartments, the city can't stop them. That traffic then would have access to Harvard. There is a potential that there could be an increase in Harvard traffic. Davawn asked if we have any proof that this would devaluate the property. He was told evidence of apartments around the city hasn't made a lot of difference. Davawn said he agreed, it hasn't made a lot of difference in other cities. Mary Anne Mounts said their proximity to apartments isn't going to change, there will be one more apartment there. They are already close to apartments. They should have noticed how close they were to apartments when the bought their property. ~~ (discussion) If there are 24 or more apartments Mr Henderson will have to have a Conditional Use Permit. If he builds less than that, it is a permitted use. If he meets requirements we have no logical reason to turn down a Conditional Uae Permit. A motion was made by Jim Long to not close Harvard. No second, motion died for lack of a second. Davawn Beattie said the reason he would probably vote to close the street is it doesn't go anywhere. Scott Mortensen stated that he has a bad feeling about. putting parking in an LDR1. If it was going some place he would not vote to close the road. RE: P & Z VOTE TO CLOSE HARVARD AVENUE Jim Long made a motion to close the street, but to close the entire street to the corner, from 4th South to South 3rd East, because he couldn't see any practical use for the street because of the dedicated property, it doesn't go anywhere. Seconded by Jeff Walters. John Millar declared that he had a vested interest in the issue. Those Voting Aye: Mary Ann Mounts, Jim Long, Davawn Beattie, Jeff Walters. Those Voting Nay: Marsha Bjornn, Scott Mortensen `~. • l,J RE: A DISCUSSION ON R.V. PARKING - OWNERS GIVEN 1 YEAR TO COMPLY A motion was made by Mary Ann Mounts and seconded by Marsha Bjornn to give the R.V. owners one year to comply before we act formally to make them move the trailers, that they be moved by August 1, 1993, and that we modify section 4.8 in the zoning ordinance. A11 Aye RE: A DISCUSSION ON SIDEWALKS A discussion on sidewalks. Jim Long said for the last seven years he had been a trustee for the organization of Landscape Architects, he is a trustee for Idaho and Montana. As part of that trusteeship, he goes to trustee meetings all over the Untied States, they try to pick a sample city. The opinion he has is based on that kind of training. If we arbitrarily try to go in a grid pattern all over the city, we are going to completely destroy the character of this city. What they look at twice a year is the character of a city. You measure the character of the city by landscaping and trees. If we go through the city and arbitrarily plan sidewalks, the first thing he would suggest is that we go through and do a street and tree survey. If we start to put in sidewalks, what will we destroy. His street was planned without sidewalks and people have landscaped it. There are three 40 to 50 year old maple trees and if sidewalks were put in those trees would have to be cut down. That same thing would happen all over the city. He did not think we could force it onto the city and the people; you would • destroy the character of the city. Jim Flamm said that isn't enough reason to not put in the sidewalks. We could get rid of the tunnel vision and be creative. Davawn Beattie said in Boise where his kids live, they don't have any straight sidewalks and the kids all stay on the sidewalk. Jim Flamm suggested that we get the neighborhoods together and create sidewalks. There are a lot of mail boxes and obstacles blocking sidewalks. John Millar stated that on 17th Street the power poles block the sidewalks. It is important to look at the strategic sidewalks. We need to protect the kids. Jim Flamm stated that if we require sidewalks, the city will have to put in about a mile of sidewalks around the city parks. Jim Long asked about a safety aspect: would you have to put sidewalks in on both side of the street? John Millar made the recommendation that Terry Leishman be informed that no building permits be issued for new houses without sidewalks. Jim Flamm suggested that they could be creative. John asked if sidewalks could wander from city to private property? J. D. Hancock said it could wander and be put on either private or city property. It • is the property owners responsibility to put in the sidewalk. Ili !' • Jim Long suggested that there are a lot of the older parts of the city, that do not have sidewalks. We need to enforce that. Some of the sub divisions pre-date 1962 when the ordinance was passed. John told him that years ago in the older part of the city all the sidewalks were put in but through the years they have been covered up. J. D. Hancock stated that there are a lot of handicapped children in wheel chairs going to Kennedy School and a sidewalk would be a safety factor. He suggested that we need a publicity campaign for sidewalks. Jeff Walters said a lot of the sub divisions have in their protective covenants that they are required to put in sidewalks. John said we are doing this as an aid to the city, it is really not a zoning issue. RE: SIDEWALKS MUST BE IN BEFORE CERTIFICATE OF OCCUPANCY WILL BE ISSUED A motion was made by Mary Ann Mounts to deny a certificate of occupancy until they put in an unobstructed sidewalk compatible to the physical environment of the neighborhood for new homes. Seconded by Jim Long. All Aye It was decided to table anymore decision on the sidewalk until the next meeting. RE: A DISCUSSION ON ILLEGAL TRAILER HOUSE PARKING ~` • John told them we have numerous trailers that are on lots that are out of zone, some of them were moved in after the flood. The council made a ruling a few years ago that as long as the original owner lived in the trailer, if he or she was a senior citizen, or because of another special circumstance determined by a Trailer Board they would be allowed to stay under a temporary variance until senior citizen died or the special circumstance no longer existed. A motion was made by Mary Ann Mounts and seconded by Jim Long to authorize Rose to review the temporary variances on record and if the original use is not there they should be required to move them. All Aye Jim Long asked what we would do about the existing sidewalks that are obstructed? We need to be consistent. John asked the board to think about the sidewalk issue. RE: REVIEW OF PLANS FOR APARTMENTS OF BRAD CARSON The apartments of Brad Larson are apparently two duplexes. Parking dimensions are not adequate. There are no dimensions on the parking. He had not provided a 7 foot buffer between residential property and the parking lot. There is information we need required in 5.5 and 6.9 in the zoning ordinance. Each lot has to have their own parking. To have joint parking it ie required to follow 5.3 in the zoning ordinance. • ~I~ ~` RE: DISCUSSION ON THE IMPACT ZONE Discussion on the Impact Zone. We need to develope a definition for two agricultural zones, one in the city and one out of the city. Davawn Beattie and Jerry Jeppesen or Richard Smith agreed to work on those definitions. Meeting adjourned • •