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HomeMy WebLinkAboutP&Z MINUTES NOVEMBER 18, 1992/a~~ Planning & Zoning 11/18/92 Members Present: Chairman: John Millar Members: Dave Pincock Jerry Jeppesen Mary Ann Mounts Richard Smith Jim Long Scott Mortensen Jeff Walters Excused: Marsha Bjornn Davawn Beattie City Clerk: Rose Bagley Attorney: J. D. Hancock RE: LAUNDRY ON 1ST WEST --- (JIM & PAT NILSSON) Jim and Pat Nilsson were at the meeting with plans for a Laundry on 1st West, across West from Broulims Parking Lot. It is zoned HBD, they have two sets of plans. They would need 3 parking spaces per 1000 square feet of floor area. There is plenty of parking on the plans. John Millar told them it appears to meet the criteria. The plans will have to be checked by an architect prior to getting a building permit. ~~ A motion was made by Mary Ann Mounts and seconded by Jim Long to ` approve the minutes. RE: EXTENSION OF RAY LOVELAND'S TRAILER COURT (STONE'S TOWN & COUNTRY) Ray Loveland was at the meeting to request extending his trailer court. (Stone's Town and Country Trailer Court on S. 5th W.) He wanted to expand it North between them and Ford Garage. It is zoned HDR. He showed plans to the board. They told him they would need to look and make sure it is in compliance with the existing Ordinance. John Millar told him to leave the copies of the plan and he would look at it and get back with him. Discussion on the Impact Zone meeting. Meeting adjourned • Impact Zone Public Hearing 11/18/92 Those Present: Planning Board Members: John Millar, Jeff Walters, Jerry Jeppesen, Dave Pincock, Mary Ann Mounts, Jim Long, Richard Smith, Scott Mortensen, Marsha Bjornn arriving at 8:45, Davawn Beattie excused Mayor and City Council: Mayor Nile Boyle, Farrell Young, Bruce Sutherland, J. D. Hancock - Attorney, Rose Bagley - City Clerk County: Dell Barney, Dave Rasmussen, Reed Sommers, Karen Rogers - Attorney, Beth Reese - County Clerk Richard Smith gave the purpose of the hearing and history of decision to implement the impact zone. He asked everyone to hold their questions until the end of the hearing. The County Commissioners, Planning & Zoning and City Council are here to answers all of your questions. The hearing will last for two hours and we invite everyone to participate. He asked everyone to limit their response to three to five minutes. There will be another hearing to discuss the issues before the City Council, December 9, at 7:00 P. M.. Feel free to participate. Giving history of the Impact Zone. We had an initial hearing and there was some controversy, so the city council decided it would be appropriate to delay the implementation of the Impact Zone and involve the County Commissioners. A year ago we formed a committee consisting of three city councilmen, three county commissioners, three residents residing within the Impact Zone, and both county attorneys. We discussed the land and the residents. We worked hard trying to establish what rules should be imposed in that Impact Area which could be annexed into the city within the next five to ten years. We did define the area of the Impact Zone. The County Commissioners, Planning & Zoning, the City Council and the residents agreed on how this area should be regulated and the rules that should be followed. They have instituted an appeals process and safeguards to assure people in the Impact Zone that they would not be bulldozed over the top of by the City of Rexburg. • Reed Sommers explained some of the reasons to create the impact zone. He stated that there are some people here tonight that have ground or homes in the Impact Zone and wonder why we should even be involved with this. (1) to provide orderly growth around the city and the reason for orderly growth would mainly be for the development of sub divisions that might take place in the area directly surrounding the city. The city in the past has had experience with sub divisions that have requested to be annexed into the city and because of the way it was taken care of by the developer at that time, the construction of the streets and the intrastructure of the sub division it is not compatible with the requirements that the city has, so when annexation takes place there is a considerable amount of money has to be spent by the residents in those particular developments before they come into compliance to be annexed into the city. (2) In an Impact Zone we want to be able to protect the residents of the Impact Zone from something ~~ .~ s, ~` ~= • coming in next to them that they don't want to have. When they do request a development in their area they won't have to fight something coming in next to them that they don't want to have and they don't have something in their area that will give them some problems in their particular neighborhood. The real reason the city wants to have a Impact Area is so they can provide for that development to be compatible with the city regulations and ordinances as it becomes part of the city. As the city grows and develops these areas will want to come into the city and be annexed. This will provide for when the developments are built, so they can be annexed when the time comes to be annexed into the city. Richard Smith explained that one of the reasons the Impact Zone needs to be placed in effect is in 1975 the Legislature passed a law to mandate all cities and counties to set down and negotiate the Impact Zone. There were a number of Cities and Counties that did not intact the Impact Zone, never the less it is a state law and any individual could at any time make a request to the courts that the Impact Zone be defined and established. It is the law and we can be forced by any individual to implement the Impact Zone. The Impact Committee got together with the City Council and the County Commissioner and established an agreement in the late fall to establish the Impact Zone. First of all that group established the boundaries of the Impact Zone. Second they agreed to appoint the City Planning & Zoning Commission to administer the rules and regulations. Not all city ordinances will apply to the Impact Zone. Any ordinance that this group agrees upon will be imposed on the Impact Area. It was agreed that the County would appoint three members to the Rexburg Planning & Zoning Commission. Those three members would be residents of the Impact Area. Those three members have been appointed- Richard Smith, Jerry Jeppesen and Scott Mortensen. Those three members have voting authority on the Rexburg Planning & Zoning Commission. On any matter that comes up regarding the Impact Zone or any regulation that will be imposed on the Impact Zone, those three individuals will have the same voting power as the entire rest of the Planning & Zoning Commission. They did not have to do that by law, but both the City and the County felt very strongly that the input of the people living in the Impact Area and responsibility of the County Commissioners must remain high. In addition to that at, the request of the County Commissioners, there is an appeal process placed in effect. That provides that any person in the Impact Area is grieved by any decision that this Planning & Zoning makes, they can directly take it to the appeals court which consists of two members of the County Commission and two members of the Rexburg City Council. If they still are grieved they can take the matter to the District Court. John Millar explained the impact zone map, the creation of the map and designated arterials. He explained the process of the Impact. In order to develop the zones for the Impact area we inventoried the entire area. As you can see from the map the primary use is agriculture. The zones shown on the map are basically the existing . use. If the existing use is industrial the map shows industrial, if the use is commercial it shows commercial, if it is a house on a farm we showed that as agricultural. After discussing it with the County Commissioners, there are six roads that are designated as arterial . roads, 2000 West, Moody, Salem, Barney Dairy Road, Millhollow Road and the Poleline Road. These are basically the farm to market roads. Those roads were designated as major arterials. J. D. Hancock discussed the definitions of initial zone designations. A draft of the definitions was prepared and handed out to the people. There are five zones designated which are on the sheet. This was prepared by the Planning & Zoning Board, City Council and County Commissioners. The zones are Rural Residential Zone and Agricultural Zone "A". This does not include commercial enterprises or businesses such as produce packing plants or fur farms. The businesses will be in the Highway Business District, which is defined in the existing ordinance. The next area is defined as O.S. which is open space. This includes such areas as the golf course or cemetery. The Industrial Zone, for major and extensive operations, requires large level sites with open storage and service areas, and utilizes regional transportation such as Basic American Foods. The five zones in the impact area are Agricultural Zone "A", Rural Residential Zone, Highway Business District, Open Space, and Industrial. (sheet attached) Arterial designation and purpose was discussed by Dell Barney. We tried to identify and address any problems that we already have and-the problems that we see could get much worse that we might have in the area of impact. In the arterial we want to address the problem that we have had for years and no one has done anything about it because we have not had any planning. On many of our arterial roads we have homes built with driveways that come right out on the road. With the density of the homes along the roads and individual driveways that come out on the road, in time that presents a nuisance and we have a safety hazard. The setbacks are so close to the road, if-you stumbled and fell you would be right out on the road. Those types of things we thought needed to be addressed. On the Poleline road the houses are built too close to the road. As trucks and traffic come down that road, if someone is backing out on the road it causes a traffic hazard and congestion on the road. With a little bit of planning years ago that could have been prevented. The Lyman area is an example of rapid growth with lots of homes. In the designated arterial areas, there are things we thought needed to be addressed and get your input. From this point on the lots with depth on those arterial roads need to have Reverse Frontage. This would prevent more homes being built right out on the public highways with driveways backing out on the roads. A person building a home next to you is in compliance, or if several homes are being built, they. need to use the same access with reverse frontage. The buffer could be a combination of lot depth, earth berms, vegetation, walls or fences, and structural soundproofing. What is already there will stay as it is, but new development will have to comply. The minimum lot depth will be 200 feet. Site plane on new development will need to conform with the Planning & Zoning that applies to development. We have in the county where people have built homes off the road quite a distance and they don't have the right-a-way so the county can assume those roads and service the roads. That is another area where a good plan would help. From start to finish all the way through we have tried to address the problems and future problems F ~'. ~ ~°. • in our best knowledge and have tried to address those problems and bring it to you for your input and suggestions to make it right. Jerry Jeppesen addressed the animal density restrictions. The things we talk about tonight only apply to new development. Those who are living here and have existing uses, those things are protected and will be addressed by J. D. Hancock. As we talked about this, Commissioner Rasmussen brought up the fact that the reason that we live in the county is because the city does not allow animals in the city. We have tried to design this so that people would be allowed to have animals as they live in the Impact Area. Specifically we talked about the agricultural areas. Right now we have a lot of animals in the Impact Area. We have six major cow - calf operations, whose number could run from 100 cows to 600 or 700 cows. We do have the majority of those operations in the area. We want to protect those at their current use. We want those people to feel safe when development comes in around them and protect them, that they will know those operations are there and are pre-existing uses and will be protected and allowed to stay until they decide to change it or do something different. The specific regulation that we talked about is if someone comes in to that impact area and wants to have a cow - calf operation or a dairy farm they need to come to the Impact Committee and discuss it with us. There might be an area out there that we would rather see them buy out an operation that already exists or consider having that operation where there is a large number of cattle or animals outside the Impact Area because that area is going to be developed in. In the Rural Residential Zone, when those people come into that area and want to have a 4H project or something else we have allowed them to have two animals per acre, that takes care of a cow and calf. If they want to do more than that then they need to make plans to provide for that with more acreage. Those are the kind of things that helped us develop these rules and regulations for the new people that want to come into this area. Look at these regulations as a protection so that people who move in around you will know what is permitted in this area. J. D. Hancock explained the pre-existing uses. Apre-existing use is anything that exists before the adoption of the ordinance. All of you who have existing uses are going to be protected. They are recorded and indexed. In order to prepare the map, we had a member of the Planning & Zoning Commission, who has a college degree in Planning & Zoning, inventory all the existing ownership uses. Any existing use can continue as long as the use continues. If you sell your farm or particular type of operation, as long as the new owner continues the same use that use may continue forever. However, if you abandon that use and if you do not for example have a livestock operation for three years, then it will be presumed to be abandoned and you will have to come back in because it does not conform to use in that zone. You will have to get permission from Planning & Zoning to have the use. That is more generous than Fremont County or the City of Rexburg. We felt that would give some latitude especially to the fluctuation in cattle • operations. For those who have cattle operations your minimum and maximum uses will be specifically identified and protected. Some years you might only have 50 head of cattle and some years you might have 500 . ~. r~ head. What ever your capacity is will be indexed. In the paper last night there was an article about the Skaar Feedlot and he was ordered to reduce his heard because he had expanded his use from the time the people bought homes in sub divisions around his operation from what the particular use was at that time. He had expanded his operation to impose a nuisance on the people who live around his operation. A non conforming use is the use does not conform to the existing zone. You can't build a business in an agricultural zone unless the property is rezoned. John Millar explained the reasons for building restrictions in rural residential. One of the things that brought this to our attention was when Walmart and Albertsors were to be developed that area was outside the city limits. If they had chosen to, they could have gone out there and built whatever they wanted and the city and county could not have done anything about it. That said to the city we need to be looking at what is happening adjacent to the city. As part of that they have developed Rural Residential zones. The group that developed this tried not to be over restrictive. Basically we selected a minimal lot size. If you choose to go below that you will have to have a community water and sewer system and get into a sub division. If a sub division is developed, that will fall under a separate set of requirements which will have to follow restrictive guidelines on lot size. We looked primarily at what our existing uses are and immediate potential. The minimum lot size, 150 feet minimum frontage, the house has to be 60 feet from the property line. The reason for this is to keep the site ~ distance available on roads. It would be required to have a minimum 30 feet rear yard and_ a 10 foot side yard. The other restrictions we have are livestock and reverse frontage. Dave Rasmussen explained not all city ordinances immediately applicable. As I sat in on these Planning & Zoning meetings, there has been a very conscientious effort to represent the needs of the people and at the same time try to develops a plan to accommodate the growth of the City of Rexburg. The Zoning Ordinance for the City of Rexburg will not apply in the Impact Zone and will not be enforced in the Impact Zone until the property is annexed into the city. Property cannot be annexed into the city unless the owner of that property requests that property be in the city. The county ordinances and the county rules will apply and will be enforced in the Impact Zone to see that the proper regulations are followed. The rules that will apply are the ones in the handout that applies to the different classifications of the property. There will be a chapter in the Zoning Ordinance for the Impact Zone where the definitions will be clarified. It is our desire as County Commissioners to protect the rights of the people. We don't want a lot of rules and regulations that restrict the things you can do with your property. We also want to represent the growth and expansion of the City of Rexburg. Mayor Boyle had some comments on the necessity of the Impact Zone. A couple of months ago he had gone to a meeting in Sugar City when they thought a Work Camp was going in the Impact Area. A lot of the people were opposed to the Work Camp. If that had been in the Impact Zone in Sugar City, that area would have been designated for what ever it was (~ • Residential or Commercial. We do not have a designation for a Prison Work Camp. If they wanted to put it there the people could not have legally stopped them from putting it there. In the Impact Zone, we could stop it. It would have had to gone to the Planning & Zoning Committee and if they turned it down, they could not legally put it there. It does protect the existing use. Another example, when Rexburg Heights was built, it must have been built from the standards of the District 7 Health. When homes were built and after a few years every septic tank was leaking on the person just below them. At that time they had no way to take care of that problem, so they came to the city and asked us if we would annex them. We told them we would annex them if they bring their roads with curb and gutter up to city standards and if you hook onto city sewer. They did not want to go to the expense of doing the roads and curb and gutter to city standards, so we would not annex Rexburg Heights. It wouldn't be fair to the residents of the city to pay to keep up their roads. Every road we take into the City of Rexburg, we take in already improved. It would not be fair to the citizens of Rexburg who have been paying taxes to upkeep roads and then annex a development that is not up to standards to come in and from then on would have to be taken care of with city tax funds. We did allow them to hook on to the city sewer but they are not annexed. It will not allow something to come in next to you without being approved by the committee. Richard Smith made some comments. He stated he was sure those of you who run farming, ranching operations close to the city of Rexburg must feel the growth of Rexburg. There are some benefits to the plan of the Impact Area. Once you plan the Impact Zone, it will protect your use and protect the agricultural uses. in the Fremont County Zone, before a sub division or a residence is sold in Fremont County, the person that is selling that lot has to give an easement to everyone of his agricultural neighbors. It basically says that I recognize that your running a dairy operation or an agriculture operation and I can built my house there and in so doing that I am not going to complain about smoke, dust,-noise or all the things that come with the agriculture uses. I suggest to you that is a real strong factor and that everybody involved in agriculture will be locked in. That is the same sort of rights that can be protected. No one wants undue restrictions on their ground. In the same token those restrictions come. They come not through statues or not from rules made by the Planning & Zoning, County Commissioners, and City Council but from growth, by sub divisions being built next to your farms. I am concerned about the preservation of the arterial roads. It use to be he would drive a truck from Rexburg Bench down to Steiner Elevator and he does not do that any more. I will not take a loaded truck down Millhollow Road. Reverse Frontage will help keep this type of thing from happening. A lot of people will suggest it is not fair that you are restricting my building on county road. I suggest to you on the county roads especially these major arterials are roads for everyone in the county, all the tax payers pay for them. It is unfair that we allow indiscriminately building on these roads creating unsafe situations. There are some real benefits of this Impact Zone in the agricultural operations. In valuing the Impact Zone please weight it out on what it will do for you and what it will do •; ~''.~ against you. In the long run if this plan is done properly it can • benefit everybody. .Ray Walker - 1270 Barney Dairy Road - He asked John Millar if this was the final map or in two or three weeks later will there be another map. John stated that unless there are changes that develope here tonight, it will be the final map. He had talked to Dell, Richard, Dave, he did not have a quarrel with the Impact Zone. If it is involved with your property you should get a written letter from the city and the county telling you what is happening to your property. I think you deserve that much as citizens of the community. I don't take the Rexburg paper and I have to have neighbors and friends call me to tell me about this meeting. I have had experience with the city and the engineers because we are developing some property on Barney Dairy Road. I learned we charged $32,000 for an acre of ground and when we got through with the sewer and water the family netted $16,000. We then got into all the zoning that we were not aware of. We should be notified of these things. If the city council is talking about doing some changes to your property, they need to let you know with a letter. Will this zoning be changed? When Walmart came in, the city changed the zoning and zoned my property Industrial and our property use to be industrial. We were not told about it. It was zoned industrial and I could have put a hog farm in there and they couldn't have stopped me. They changed it without letting us know. John Millar told him the zoning on the Impact Map are only existing uses. I am saying if an individual has property we have the right to be informed. Reed Hill - 279 Rodney - I think the form is good. I have a few concerns. I appreciate what Ray Walker said. You need to inform those who have agricultural property. I talked to a neighbor when I got home and that was the first information I had of this meeting. I am concerned, there is a law which I am sure the city council and county commissioners are aware of Section 67-6529 quoting section. He emphasized the full and complete use of agricultural property. My concern is those who own property in the Impact Zone as outlined, there are property owners who have 160 acres to a quarter of a section or a half section. When the property owner decided they want to sell off 40 acres or 100 acres but they are restricted as to who they can sell it to. A party coming in that may have livestock and they want to move in, it appears from the sounds of this it cannot happen unless they go through a series of hearings or appeals. It sounds very difficult for a party to buy 40 acres and have 40 head of livestock. I am concerned about the size of the Impact Zone for that reason, what the producer or owner of that property can do. Richard - That law was passed in 1975 by the legislature before this entire act was inacted. There is a Boise court case that talks about that particular subject. You have to take Legislative intent. The Legislature did not intend to give agricultural land allegedly being used for agriculture purposes exempt from all zoning county ordinances. What they are saying is they do want to preserve agricultural land not only in the Impact Zone but throughout the county zoning class. In the • same token we recognize that in some uses, it has to be a give and take situation. I guarantee that these people on the Planning & Zoning /~~ • Commission, City Council, and County Commissioners have been concerned. In the same token we don't want to find ourselves down the road with a 4000 head feed lot right next to the city limits. This is the reason to establish the Impact Zone. In those areas that it does not appear to be massive residential pressure by sub divisions, it may be very well appropriate to have a cattle ranch move in. What we are saying is somebody needs to take a look at it before that happens. It will not effect what is already there now. Boyd Carden - 1535 West 190 - I would like to commend the committee that put together the good ideas on the Impact Zone. He asked Jim Long if in the Impact Area if there was Land designated for development of a park or a green belt. I think we are short sided not to have that in the plan. Jim replied he had both hands with red flags to identify the open spaces for that type of thing. He asked John Millar, I think we have a traffic problem around the community and arterials. He asked if in the Impact Zone they had designated the streets and arteries. There are some dangerous areas for the farm to market roads. John Millar told him those were not anticipated or included in the plan we have now. There was a master plan done in 1978. That plan was never adopted by the county. There has been some discussion on a master plan for the county with some additional arterial roads through out the county. Boyd said he had some concern on the Rural Residential with the curb and gutter. He understood the intent, but it could be a Hodgepodge. John Millar told him we will have to look at the wording, • if they are contiguous to the city they will have to have curb and gutter or address the drainage. The developer can not design the runoff so it will have an unfavorable impact on your neighbors so he will need to do what ever that takes. Glen Walker - 105 East 3000 North - I have a question on the dwelling per lot, it shows a single family dwelling per lot. Please explain it. The reason he questioned it is there are young people who are just starting out and want to pull a trailer at their parents home to survive. That is the only way they can live. John Millar told him that very issue took up about 1 1/2 hour of our time for discussion. Tentatively this will be an ordinance that will be drawn up after the Impact Zone is set. We will set up the criteria as to what rules there will be. What we have talked about is allowing a trailer on a temporary basis possibly 1, 2, 3 years period that is possible to be removable. If you move in 2 or 3 trailers on a lot soon the concept of Rural Residential is lost. Mr Walker asked about apartments that are in that area or if some are built. John told him we have not addressed that yet. Richard told him those uses could come under conditional use permit or we will have to create a zone. Lee Munns 1825 North 1000 West- I think the Planning is a good thing. I am a little disturbed on how you arrived at the 3 year without • animals that your rights are lost. After the last meeting, we are facing some problems that are out of control. I think that 3 years is a little restrictive as to how long cattle can be off the property. We discussed before diseases that cattle can get to prevent them from • being on the property for a length of time. Richard told him we discussed it at length at the last meeting. We don't really have all the answers for that, although there are a lot of cattle operations in the Impact Zone. The 3 year period is for discontinued use. My opinion is that those larger dairy operations or cattle existing in the Impact Zone will come in pre-existing use. I see that pre-existing use as having a given footnote in the new chapter of the zoning ordinance. There will be a footnote regarding these particular areas. I would think they will say something like these are real cattle operations and not just an operation that has three or four head of cattle. These are the operations that make farming their business. The discontinuing of having animals on the property being because of government regulations or disease, or current market prices. Those things would be totally precluded from this time limit. What is important is the people who find themselves in those circumstances. simply come to the Planning & Zoning Commission and say here is my pre-existing use. I raise cattle and I have been out of the business for this amount of time because of and I want to get back in to the business, it is just a temporary situation. I view that as a totally different situation than a person that has 3 or 4 head of cattle and abandon that use because he is tired of raising cows for a three year period and during that three year period a sub division has developed next to his house. I see that situation a lot different than your situation and the other major dairy. operations in the county. I think in this point in time those in this situation has to have faith in the Planning & Zoning, the City Council and County Commissioners. The communication and talking with the Planning & Zoning, I think will resolve the problem. I do not view that three year period as strictly being you cannot have cattle after that time. I think a footnote in the chapter would take care of that and it can be done legally without a problem. Mr Munns said he appreciated the concern and proposal. He suggested that something that could be done is that something could be drafted in the by-laws where in ten or fifteen years from now when you gentlemen and ladies are gone when we have new people and they may not be as sympathetic to the concerns that you have at this time. Marlin Hill - I am yet to be convinced of the benefits of it for two reasons, there was a prison work camp that the state decided they needed to build over in the area of Twin Falls. The residents were against that going in their area, however there was zoning in place so the state said this property is zoned and so they put the work camp there. The residents did not want the work camp there, but now there is a work camp there. Near Sugar City the state wanted to put a prison work camp in place, there was no zoning. The residents got together and said they would file a suit, the state backed down. Mayor Boyle said he did not know anything about the zoning in Twin Falls, but under this zoning they would not be able to do that unless this group changed it, because everything is zoned for existing use. If a work camp wanted to come anywhere in the City of Rexburg, they could not come in unless it was re-zoned because there is not any zoning in any of the areas that would allow it. In St Anthony, the mayor and council voted to do it. • I don't know if it was legal. There were questions on whether the zoning was right or wrong. If the mayor and council would have been 4 • opposed to the one in St Anthony, it would never have gone. Marlin Hill said he felt that with zoning we as citizens tend to surrender our rights and jurisdiction and turn it over to the city or whoever is in control of that zoning. The other question mentioned was made of fear of coming down Millhollow Drive because the homes are built too close to the street. In the last ten years there has been a great amount of development on that street that has been annexed into the city under the direction of Planning & Zoning for approximately 20 years. John Millar said the part of Millhollow that is in the city has been in for 20 or 30 years. A lot of the building on the south end has been outside of the city limits and the development is moving further south and possibly will continue. Sometime we need a plan for that development. Ray Walker - Something needs to be done on Millhollow. There are no sidewalks and a kid is going to be killed. Jack Jeppesen - 787 East 2000 North - I live on the Moody, and I don't think this will concern me much. I want to know if the red line on the map is where the Impact Zone is, and if we have to take the traffic from our property off the main road like a frontage road. Dell Barnery - The purpose of this is if you sell your frontage off as individual lots, we don't want each individual lot to have their own access to the arterial. If it is done in an orderly manner, you could ,, • have one road onto the main road to bring all those people out rather than have eight or ten separate driveways you could have one and have a controlled access onto the road. Jack asked about his two driveways out one for the house and one for his farm. Dell told him he is already there a.^~d the driveways will stay as they are. Roger Muir - 666 West 1500 North - Why wasn't there a frontage road in front of Walmart instead of three entrances. Mayor Boyle told him the state Highway Department approved it and we had no say. Roger said if the city has no say, what good is zoning? If it was a city road we would have had a say, because it is a State Highway. Mr Muir asked if there was further development will they be allowed to have more entrances. The mayor told him their site plan would have to be approved by the State Highway department. There has been another additional acreage with one more entrance. Mr Muir said he agreed with Richard about the houses being built close to the road. I transport machinery from north of town to Rexburg Bench. Going on Millhollow road with a twenty foot combine is a little tricky with the joggers giving no respect. He addressed Richard and asked about the three year waiting period. On your ground if you don't raise potatoes for three years, so they tell you you can't raise potatoes after that and your out. It is the same with cattle. If we get bangs in-our cattle and are forced to sell out and cannot have anymore cattle on our place for three years, I understand you people are sympathetic with that, but it needs to be in writing. Richard said it • will be put in writing in the footnotes. Mr Muir said if he saw a crash in the beef prices, he ie not going to feed those cattle just for the fun of it. Maybe 5 years down the road the cattle prices are good /3 7 and I want something in writing so I can feed cattle again and increase • the heard. Richard said he can appreciate what your saying, the problem is whether you have an Impact Zone or no zoning, and you get out of the cattle business for five years and your neighbor comes in and says I'm out of the cattle business too and I am going to sell lots and build a sub division. Whether you have zoning or not and you try to put those cattle back in, there will be a problem. Mr Muir said what if the realtor has to make known these pre-existing rights. Richard said in some point in time we have to draw the line, at sometime it has to be defined as abandonment of use. Mr Muir said he thought 3 years for our situation might not be long enough. Richard asked him what time period he thought would be sufficient. Mr Muir said he felt 5 years would be the better time. In the draft that was handed out it tells a lot of restrictions, why not make a draft with the benefits with the protections. Richard Smith - Explained the process - The city and county got. together and developed this, it was not an easy process, because I want you to know the county commissioners wanted to protect the existing uses. When everyone agreed to it we decided upon the five zones and that was our starting point. From that point on there will be a chapter in the back of the city zoning ordinance, that will be just for the Impact Zone. As we determine what rules and ordinance that need to be passed they will be added to this paragraph and we will have this same process. We have to have a starting process and set up an Impact Zone and set up the zones rather than set up a great number of rules. • A question that in 10 years down the road anyone taking your place can't make new regulations. Richard said there is nothing anyone can do about it, but pre-existing uses will always continue. Dave Rasmussen - To make any changes they will have to go through the same process. It is under state statue that a pre-existing use is set until abandonment. Mr Muir stated that he was to a meeting with Jerry Jeppesen with the Soil Conservation and the thing they stressed is the plan use plan. If we had a plan use plan we would not have to deal with the city we could deal with the county. Dell Barney replied, if the county was zoned with a land use plan and full zoning, we would still be able to have an Impact Zone. That is a city right in conjunction with the county. The Planning & Zoning is only an advisory board. They have a set of plans, but have no authority to impose them. They have to bring it to the city council to approve and then to the county commissioners to approve. The people that you elect have the authority. Mr Muir said he didn't think county zoning is for us but we need something to protect our rights. Mr Barney said even with county zoning the city has the right to an Impact Zone. Mr Muir asked if K Mart wanted to build anything they wanted at 2000 North could they do it. Mr Barney told him they could right now. Mr Muir said we don't necessarily need zoning but we do need Land Use. Mr Barney stated we do need some plans. Ken Anderson - 2908 South 2000 West - Under what authority do you have to enact the Impact Zone. Richard Smith explained. Mr Anderson stated • we went though this explanation previously in Planning & Zoning. The law states that the county be in the process of making plans, if they ~~ r~ r ~ ~f • don't meet the deadline and there was no enforcement, we would then be exempt from that law. Richard told him no, with respect to the Impact Zone, the city and county were mandated to get together and make this agreement, if they could not make the agreement, the district court was to come in and do it, if the district court didn't do it, it would be in violation of the law and that was a misdemeanor. Any person could bring civil action to force the city and county to create the Impact Zone. i• Ken Anderson - I understand that there is no enforcement after we passed the deadline. If that is the case, how do you zone someone's land without their permission. I have no objection to this being zoned, as long as it is with the consent of the people who's land is being zoned, not with the consent of the people who are in the city limits, but the people who are outside of the city limits are the ones who should have the say. Richard told him that initially not only the committee approached this task but also the Planning and Zoning, City Council and County Commissioners have all agreed that everyone in the Impact Area, would have the opportunity to come in after reviewing this map and if they did not like their particular zone and how it was set they could come and have input as to how exactly they wanted it zoned. All this map is a process of someone going out there and saying this is what they are so we assume this is what they want. If it is different and they don't want it zoned as it is, they can come in and express their feelings. Ken Anderson - What assurance do we have that things won't change. There was a man on 4th West that had to move his pigs. The mayor told him that man did not have pigs for one year and that is the reason.. The city of Rexburg abandonment is one year and the neighbors testified that it had been a lot longer than one year. George Archibald - 1285 North 1000 West - I am pleased they you have set up a committee. You have done a good job to represent the Impact Zone. I agree with Mr Munns and Mr Muir that 5 years would be a better limit to put on livestock operations for abandonment. One question I have is changing the type of livestock operation. What if we decide we want to sell half of our calves and buy a hundred head of sheep. What would that do, would we have to stay with the same number of sheep as cattle? J. D. Hancock- Sheep is defined as livestock. It is the change of use not type. We need you to tell us the maximum amount of livestock if you want to change from 500 sheep instead of 200 cattle or 0 to 300 head so we can avoid the problem. George stated if you are going to have a set maximum on livestock if we change like 500 head of sheep instead of 200 head of cattle. J. D. stated you need to define your existing use. John Millar pointed out at the bottom of the page the definition of livestock. J. D. told him we are trying to get input and asked each individual the maximum number of livestock you have had in the last ten years. George stated you need to break down the different types of livestock. It would be nice if you could get everyone informed maybe send a letter to everyone in the Impact Zone and make • sure everyone knows what is going on. r~ Dave Anderson - 1892 W 2870 S - As I see governments involvement to the • citizens, zoning seems to me another foothold for government to get in and manipulate the wishes of a few select people. I see if someone wanted to volunteer their property under this system that would be fine. If in a few years we end up with a few people who don't take to our point of view, we are going to end up loosing some rights that we currently have. We have been talking and it is pretty ambiguous about what is going to be promised to us under a given set of circumstances. I understand that you might need an Impact Zone but what is so different from having an Impact Zone from what we have right now. If a neighbor has a problem with one of his other neighbors, he has a system available to him in the court to take care of it. Why have another set of circumstances that handcuffs everyone else? There have been some situations brought up where zoning should have taken care of it, but we know that zoning didn't. Zoning isn't a Comprehensive Plan for the future to solve every problem, but it is a good foothold for some people for something they would like to have. I don't think that my point of view of what Rexburg is suppose to be like is what the mayor, council or county commissioners think it should be like. I think the rules currently in place work and works so an individual can have his property and do what he wants as long as he is not hurting someone else. As soon as he does his neighbor can take him to court and ratify in the current laws. Betty Thompson - 1656 W 930 S- I live close to the city limits. I have talked to the city councilmen and county commissioners and already at • this point we are having commercial buildings being built and I want to know what can be done. We don't want that in our back yard. There is nothing we can do until we have somekind of ordinance to protect us. In general we need to work together to make it work for everyone. We could file suit, but we don't have the ability or the funds to do that. This is the way to protect the homes around the city. Richard Smith - There is nothing that can be done unless an ordinance is passed. There are a number of other problems that you do not have any leverage to stop. If you are involved in agriculture and a large sub division moves in next to you, and you do not have rules and regulations in place to recognize it and protect the agriculture land that sub division through a nuisance law restrict you. Planning is not only to restrict you of your rights, but also a protection. Ken Anderson - If these same people are looking for protection within a mile around the city, what they are saying is we don't want this industry by us so put it out by someone else. If you are going to plan an Industrial Park within your area where it can be taken care of. Don't force it on other people who aren't zoned. Dell Barney- We are not here to hold anything over you, we are here to serve. We can't make the decisions for all of you, that is why we must have your input. • tr Frank Jenkins- 256 West 4th South- Who will enforce the rules and regulations that you are imposing. How much will it cost to get a permit. Richard Smith- The Impact Area will continue to be in the county. The fees will be the same and paid to the county. Taxes will be in the County. There should not be any changes, simply because we have an Impact Zone. Frank Jenkins- Did you draft the definitions or did you copy it from another city? Richard - We drafted the map and definitions. They were not set plans from the State. Frank Jenkins - It looks like the Planning & Zoning and Building Inspector overlap each other. Richard - The county have hired the city building inspector to save money so they don't have to have a full time inspector. Frank Jenkins- The people in the county in the Impact Zone should be the only ones to decide on .the Zoning and Planning. Richard- I am sympathetic to the concerns as is everyone on the board. By definition in the Impact Zone we have tried to define the area that will probably end up in the city within the next 5 to 10 years. If homes and sub divisions are not built following the same guidelines as in the city then there will be problems. Frank Jenkins - The people who are annexed in the city should be the ones to decide. Richard- We hope they give us input. Frank Jenkins - You are talking about a cattle operation like the Skaar operation, what about the people who would want to put a Mini Mart in, and you turn it down. The person who owns the ground and wants to sell it for the Mini Mart and can't, who will reimburse them for the money he will loose for the value. Richard - We don't have a good answer. We hope the person comes in with a plan that doesn't affect the neighbors. Frank Jenkins - Why do you have the zoning in a straight line right down the road. I think you should move it back in 1/2 mile. Richard - Most of the boundaries came in to protect the arterial. Frank - The city needs to do something about the bottle neck in Rexburg. You have the same thing at Walmart. You need to take care of your own problem before you go out of town. Nile Boyle - Both the north and south access are in the plan, one to come down 7th south and one to come down 11th south, to hook into the interchange out by Spuds. I agree with you we need a way to get that traffic out. We are working on it, the main problem is it takes a lot of money. Frank- you need to postpone it and take another look at it. Brad Archibald - 1491 N 1000 W - The fellow in town that was suppose to be grandfathered in. You took the right away from him to raise pigs. You did it with an ordinance. If we are are going to put limits on ourselves, if you have the right to take the rights from us you had better give us the right to protect them. If there isn't a law that will do that then we shouldn't do anything. As I understand after 12 months this fellow in the city not having animals and the ordinance superseded the grandfather clause. There needs to be somekind of protection. The limitations for our ground need to be protected, if they aren't we should not give any. I think that the limitation on abandonment should be at least 5 years. If you want to take pre-existing uses away from an individual, there should be somekind of financial compensation. We need some rights and protection put. in the ordinance. Rod Anderson - I resent a hand full of men telling me what I can do with my property rights. If we are going to have Planning & Zoning we need to put it before the voters and have them choose not for someone else to tell me what to do with my rights. If there is disagreements, four men should not be choosing what is right. It should be put before 12 people who are neutral of the situation and not someone who is a member of a Planning & Zoning Commission that have been put there to plan with their ideas and not the ideas of the people of Madison County. We have constitutional rights for our persons property. I didn't know about this meeting until 15 minutes before the meeting. This should be a free society. Is this Planning & Zoning commissioned by the city or county. If it is by the city you probably have jurisdiction over the county. Richard Smith - explained. Marlin Eiill 2336 West 5200 South - Richard you have referenced the mandate regarding this law and stated that it is mandatory to institute the Impact Zone. Would you please quote that section. Richard told him it is Title 67 Section 65 & 26. Richard told him he did not want to take up everyone's time it would take another hour. Marlin argued about the law. Karen Roger, Deputy County Attorney - read 65-26 & 65-609. Since that did not happen by July 1, 1977, reading paragraph B. Marlin Hill - Since the city and county did not appoint that board they have 60 days to come up with a recommendation and reading from that section. Saying they are interpreting the law different. Richard said nobody wants to start a law suit against the county. This law requires the county to do this. Anyone can walk into a court and file and force the city and county to comply with this law. The city and county don't want to be sued. They think it is important and the right thing to do for the county. Marlin Ai11- your are interpreting the law different than I am. You haven't proved it is mandatory. Richard- Thanked everyone for coming and told them we will postpone this hearing until December 9. I assure you the people setting on the stand have thought about it at length and are concerned about this community.