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HomeMy WebLinkAboutP&Z MINUTES DECEMBER 9, 1992f !R/ i F! ~"y.. ~e~- S Y ~ . DATE: (120992) Impact Zone Public Hearing 12/09/92 7:00 P. M. Present from Planning Board: Jerry Jeppesen, Mary Ann Mounts, Dave Pincock, Jim Long, John Millar, Davawn Beattie, Richard Smith, Marsha Bjornn, Jeff Walters Mayor and City Council: Mayor Nile Boyle, Jim Flamm, Nyle Fullmer, Farrell Young, Rose Bagley- City Clerk County Commissioners - De11 Barney, Dave Rasmussen, Beth Reese- County Clerk, Karen Rogers - County Attorney RE: IMPACT ZONE PUBLIC HEARING TOPIC: (200,142,,,IMPACT ZONE,PUBLIC HEARINGS) All of the the members of the Planning & Zoning, City Council, and County Commissioner's testimony on the outline are on the tape and in the minutes of the meeting held on 11/18/92. Richard Smith conducted the meeting and gave the history of the decision to implement the impact zone and purpose of the hearing. He stated that the meeting was starting at 7:00 P. M. and would end at • 9:00 P. M. There will be no continuations after this hearing. If anyone does not have the opportunity to speak tonight, the city council, county commissioners or the planning & zoning commission will accept written testimony for the period of one week. Commissioner Dell Barney gave some of the reasons to create the impact zone. Richard Smith gave a brief explanation of the City-County Agreement. (a) voting rules regarding impact zone, and (b} appeals process. Mary Ann Mounts gave the explanation of the impact zone map. (a) creation of the map and (b) designated arterials. Karen Rogers gave the definition of initial zone designations. Explanation of particular matters of interest: (a) Commissioner Barney gave arterial designation and purpose. (b) Jerry Jeppesen discussed animal density restrictions. (c) Karen Rogers discussed pre-existing uses. (d) Mayor Boyle gave reasons for building restrictions in rural residential. (e) Commissioner Rasmussen talked about not all city ordinances immediately applicable. (f) Richard Smith discussed benefit to agricultural interests. Richard Smith turned the time over to the audience for questions. Ken Anderson - 2908 South 2000 West - He had a number of questions and a statement he would like to read. (statement attached) Richard Smith - Answering the questions. Does the establishment of the Impact Zone cover county zoning? - No, it is not authorized any further than the Impact Zone. Yes the Impact Zone can be expanded by mutual agreement with the county and city as needed. Is there a purpose in this activity we are going though to create an Impact Zone to provide access to government funds, grants or things like that? No that has never been discussed. The only purpose that has been to provide orderly planning of the area that will eventually be annexed into the city. I do not know as to whether it would be easier to get grants. John Millar will answer another one of your questions - who pays for the value reduction on Land. John Millar - There is not a program to fund potential ultimate worth of the project of a piece of ground. The primary purpose of zoning is to protect the existing uses. The suggestion was made at the last meeting that, if you own three acres of ground on the main road and you had an opportunity to sell it for $50,000 for a truck stop vs $5,000 for farming ground, would the city pay you the $45,000? What if right next to this property I own a $250,000 home and you come in and put in a truck stop and now my home is worth $150,000? Mr Anderson told him he could sue the people. John said everyone can't sue everyone. We all have to live together and develope a community that will benefit all of us. There are no provisions or no money from the county or city for this. This is an Impact Zone only. It is not zoning for the whole county. It is not the city's interest to zone the county. It is up to the County. Restrictive Covenants on new ground can be done with enforcement. The problem is who enforces them. Dave Rasmussen - With regard to restrict covenants, the addition where I live has restrictive covenants that says you can't have pigs, you have to have a garage on your house and a number of other restrictive covenants. Nobody complies. Who enforces it? The rest of the people in the addition should band together and enforce the covenants. No one does it because they don't want to affect or hurt someone. John Millar stated that living together we give up rights and won't get the maximum out of our property and because we have to live together. This is a nice town-and the Planning & Zoning is the reason. Louis N Clements - 7 East 200 North - Asked if the recent Idaho Falls case of the Skaar Feed lot would have an effect on Rexburg and the community. Richard - We have a concern on the Agriculture uses. The Skaar Feedlot in Bonniville County was in a non zoned area as far as he knew. Whether we like it or not the growth of the community will place restrictions on everyone. Mr Clements - I understood it was a zoning issue and that Bonneville /County was zoned. (Several people said it was zoned. Richard said he would stand to be corrected but the law suit was based as a nuisance.) 4. ~.:_~+. Mr Clements stated that Skaar was no longer able to feed as he was. He was ordered to cut his lot in half. The people moved in and farmer lost out. A question, name not given -he had a copy of the local planning act. He questioned if the membership of the Planning Board met the requirements of the number of county members on the board. Reading Idaho Code 65-04 paragraph A. Richard told them it was referring to the County Planning not the Impact Zone. There is a section specifically for the Impact Zone. Marlin Birch - 269 East 3rd South - I want to buy an acre of ground and put a trailer on it and eventually build a house on it, will this be allowed? John Millar - We have not formalized exactly how to handle a situation like that. We have discussed that and the feeling of the group right now is in your situation putting a trailer on the property and in three or four years building a house, that would be allowed. Those rules have not been finalized. We will have another public hearing when we get down to the very specifics on how to take care of that. Mr Birch felt that before people buy a-piece of property they need to know what they can do with it. He questioned the county planning & zoning board. John Magleby- He lives in the city and owns a parcel of property across from the golf course. We are hearing from the county commissioners that they are concerned about orderly growth in the Impact Zone He asked about zoning in the entire county. He discussed that Fremont County does have easement rights to protect farming. I think that would do a lot to stop a Skaar problem. It will give people the idea and what we need to have. The county needs to adopt a zoning plan. Dell Barney stated that in the paper they had asked for people to contact the county if they are interested in serving on the county Planning & Zoning to contact us and we can set up a commission to study zoning and planning in the county. Part of the study is to see if people are willing to go with it. We don't want to start something if people are completely opposed to it. If we have county zoning, it has got to be from Madison County and it has to come from the people in Madison County and that is why we asked for interested people to show the positive side instead of just the negative side to determine if we even want to proceed with it. If you would like to serve on that board, we invite you to do so. Koreen Morgan - 1424 South 2000 West - I have some concerns about this. Part of it is, I have been hearing from people in other areas and from my work place who have had zoning in place and have been fined. I heard from a man the other day and he said if you don't have zoning in place, don't do it. I went to the county and got the oath of . office out for the county commissioners and read it. I don't know how you can live up to your oath of office and yet agree that the state has a mandate that you have to follow when it is a violation of property "'` ~~~ ~:. rights. The state constitution and federal constitution say that things have to be done by consent when it concerns someone's property. I didn't know about this meeting until my dad read it in the paper. I know a lot of you have good intentions about zoning. I know we need to plan for growth because we are growing, and have grown in the last ten years. I wonder why we have to have mandated provisions and I question the authority that they are using from the state saying we have to have zoning. The state cannot mandate anything that deprives you of property rights. I don't have a problem with zoning for people who want it. My husband and I moved to the county because we did not want the restrictions that the city had. We moved there with the idea that in a few years we could get a few horses. I don't want to go to a committee and get a buildinq_ permit or permission to build something on my property. What I moved out there to do is to be a good neighbor. No one has a right to issue me a license, because I already have that right. I work a lot with federal agencies and I see how they work. I know that there are matching funds available for building. 'But with these come ties that we don't need. If we don't believe it just look at EPA and see what a mess of things they make. There are horror stories about them all over the country where people have been taxed so much they can't afford to run their own land. I would hope the community takes a look at this. I know that no one would intentionally break their oath of office. I know that you can't buckle to everything that the state mandates and still work for the citizens of this county. I ask you to take another look at it. J. D. Hancock arrived at $:15 P. M. Frank Jenkins - 256 West 4th South - The Impact zone is different than county zoning - no way. The city is part of the county. The county is not part of the city. I own property in the city and county. I feel like my taxes went up 30 - 40~. The cause of raising the taxes is the city sewer line and the new school. How much more will taxes go up. Part of the reason is the city does not annex property that is getting services such as High Country Potatoes, Sugar City and Rexburg Heights. We all pay taxes for this service they are getting. Now the zoning & planning in the county has to go through this board that the city has appointed. If the city wants control, why don't they annex the whole thing. I feel like you are taking away Freedom of Choice. This county is 99 per cent Mormons and you have one group of Mormons telling another group of Mormons telling another group of Mormons what they can do. I think it is cut and dried. Why on the county roads the power poles are on the county property. Talk about the house being away from the roads, what about the power poles. I am not for it as a county or city tax payer. Richard Smith - The property taxes will not be affected or go up. Property taxes will not be affected because of the Impact Zone. Both sides of the road are in the Impact Zone. Permits that are in place will still be there. Mayor Boyle - When High Country Potato and Rexburg Heights hook on to the sewer, they pay 1 1/2 times or they pay 150 to make it fair. It is true they extend those services, but they are penalized. 4f `, \'~ Frank Jenkins - That isn't correct, we pay for the whole thing. A fellow from Rexburg Heights told him that was not correct, they paid for the sewer to be put in and pay for the service. Frank argued with him. Richard Smith asked them to not argue in the audience. De Loy Ward - 1432 South 1000 West - I used to have cattle and sold them, I have sold off part of my ground. I want to ask about abandonment of three years. I have a piece of ground I bought in Utah and the town of Perry came in with an Impact Zone. The fifty acre piece of farming ground - Brigham Young sent some colonizer up there and they had some hay and grain - They used the city water. We bought the piece of property and now they have hooked up a double wide trailer. The city came back and said now it has changed ownership. The previous ownership abandon it for three years because of bankruptcy. The city came back and said we want you to give us an easement so we can annex it in and want you to put in a 6" water line and a fire hydrant. We also want you to pay for a turnout. It came to the point we would have to move the trailer and level the ground. I don't think I should have had to ask the city what my rights were - didn't I already have those rights as a property owner. What will stop them from changing existing rights. We are now in the process of seeing if we can't drill a well and break away from the city. We are fighting the Impact Zone. I also have some ground in Bingham County. houses and wants to put another trailer ho All we have to do in Bingham County is all has to sign and not go through the zoning. the neighborhood. 'The neighbor has two use in for his hired man. the people around there Why can't we do things in I also have ground in Jefferson County. We bought 37 acres. We sold five acres and wanted to give a deed on one acre with a contract on the other four acres, so they could get a loan to build a home. There were 700 feet left. We have 32 acres left and the county comes back with a zoning ordinance and changed the frontage requirement. So the ground is in weeds. Why do we have to fight the power lines? When I go up Poleline road, I can't even get a harvester up that road because of the power lines and the same in Fremont County. If we do have Zoning in the county after the Impact Zone, I am setting clear up in the sticks, up in the high country, I work with the Forest Service, I work with the B. L. M., I work with the State and I work with my neighbors. Why can't we let people go out and control their own communities. To clarify his question, why can't we do things like Bonneville County and just get the consent of our neighbors? Richard Smith - Stated it sounds like a conditional use permit getting the neighbors permission. David Rasmussen - What we are trying to do is we are taking the City of Rexburg and trying to establish orderly growth around the community. If you had sat in any of these meetings, you would find out that our goal as county commissioners and this committee is to try to protect residents of the county. If the city is going to ask for an Impact Zone, it is going to encompass the property in the surrounding areas. . ~. l ~>.~ ?a" In an attempt to accommodate the needs of orderly growth of the city we are trying to work out a solution that will accommodate them as well as protect the rights of you people involved in that Impact Zone. There has to be somekind of workable solution and this is what we are searching for and trying to get. Nothing is definite. Nothing is written in stone. This is the purpose of the Impact Hearing is to get the input prom the people so that a solution that will meet the growth and expansion of the city and protect the rights of the people as best as possible is what we would like to do. Deloy Ward stated he keeps hearing what the City wants instead of the County. Don't let the city shove it down our throats. Steve Morgan- 1424 South 2000 West - I would like to volunteer to serve on the Planning Board for the County. He asked if they would put it in writing that it won't affect taxes. Richard Smith - stated it wouldn't do him any good to put it in writing he is just on the Planning & Zoning. Nothing changes, you are still in the county and will pay fees and building fees to the county. Rod Anderson - 2635 West 3800 South - I know that your intentions are good in your opinion. The opening statement tonight sounded like everything was put in concrete all they needed to do is put the nails in the coffin. Quoting 14th Amendment Section 1. I am not in the Impact Zone but I am opposed to it because I know that it is a stepping stone to eventually zone the whole county. I know there are people here that belong to such organizations as Madison Economic Development and ECIPDA that have made statements that they plan to zone the county. I resent any self appointed group that are not elected by the people in Madison County to tell us what to do. (reading again from 14th Amendment) (refer to the tape) (see copy attached) When I grew up in the same neighborhood which is similar to what it was, neighbors helped each other and discussed their problems. At times I have had problems with my neighbors and we have discussed it and solved the problems together. Under Planing and Zoning, such neighbor cooperation will fail because they will have the Planning & Zoning tell us what to do. We have ways to solve problems in Madison County and also have respected each other's rights. (reading see attached) 17th Street is a prime example of zoning, look at Sam's Club and Walmart across the street, that should have all been Residential. I don't know how those people get out of their driveways because the traffic is so terrible. Richard Smith - Stated as written in the Constitution of the United States as you interpret that, we might have a disagreement. I can find Supreme Court Cases that defines Planning & Zoning Constitution. Rod Anderson gave his views of the Constitution and 14th Amendment. Lee Ward - 1434 South 2000 West - I want to go on record that I am opposed to this. I have the same feelings as Mr Anderson. Taking away the constitutional rights. I served in Viet Nam and served on the military advisory group. These people were under a dictatorship and had their rights taken away. Communism followed and their situation was dictating people's rights. I feel it is wrong to go against the constitution and take away the rights of individuals. If you want to ~. #~ i /".` ~~ r . do something of this nature, you should have a vote from the people in the Impact Area to see what they want rather than dictate it to them. Lyle Smith - Millhollow Road - I want to know how far back on the road I need to be if I want to put houses on it? John Millar told him 90 feet from the center of the road. (discussion on the houses that are there now) Lyle asked about a frontage road if he put house on the property with reverse frontage. John told him he would have to have a frontage road to put house on it. On Shoshone he would not have to have a frontage road. A frontage road would have to be put on Millhollow to protect the arterial road. Lyle said if he had to put a frontage road in he would loose a lot of property. Richard Smith - You know the problem with Millhollow Road. Lyle said he knew the problem, but he did not have the capability. Richard told him in his situation and in Lyles, you would not be able to allow houses along Millhollow but can go to the other street off the arterial. The people have used Millhollow Road as a Sub division road and that is what we are trying to stop. Lyle felt good about being able to go to the other street as a frontage. John Magleby - Is the city and county doing something on the farm to market roads like Millhollow? If the farm traffic was to stop coming down Millhollow would that change so houses could be built on Millhollow? Richard- anytime the city or county determine that is no longer an arterial, then it will change. He suggested that even if the farm to market road changed, that would probably be an arterial to move traffic to and from work. Steve Hart- 285 Millhollow- I have watched potato trucks go up and down the road and it doesn't bother me because they try to obey the speed limit. He asked Richard since Millhollow is half arterial and half in the city and dead ends at the high school, if an alternate road was looked at that was safer and would serve the farmer as well would they consider changing that arterial road to another one? Richard - I don't know if it would ever be taken off from being called an arterial. As far as being a farm to market road with produce trucks, I think you are aware that it has been discussed between the city and the county two or three years ago to establish an alternative road. When that happens, I would be in favor of having truck traffic on that farm to market road. I am probably impacted as much or more than anyone. I can forsee it will be an arterial for through traffic. Roger Muir- During the past week there were two or three of us that raise cattle that had a meeting with the county commissioners, with Richard, and Jerry. We are in agreement to the grace period of the grandfather clause. 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K m V N b' f�1' n H_r0'S � - LR O K Fl (D "C r• �:J (D X r- O 0 - n M c rt m m r• m q K M H ti 0 rt ft o r t m tr m and Jerry about that and we are in agreement. We would like them to put that to the rest of the committee. I would like to see some information on that. Also Richard brought up about Fremont County about the easement with other ranchers in the agricultural area as to smell, dust and noise. As I looked at this draft, there is not anything to give any advantage and protection to us. Before it is done I would like to see something in it to protect and give me an advantage. As I understand it the draft is up for approval for this draft . John Millar - It is up for input. Richard told him before an ordinance proposing zones, there will be another public hearing. Before it is drafted to give neighbors easements, there will be another public hearing. Mr Muir - I really feel there is a need for some organized growth, so we don't have anymore problems like Skaar Feedlot and Millhollow Road. Lets protect the things that are existing. I would like to see you back up and make some additions to this addressing some of those things before the final draft. Richard Smith - We met the time limit. Thanks everyone for coming. If anyone wants to submit testimony, please do so and take it to the city or county building. Thank you. Ken Anderson asked if the committee planned to have the adoption • through before the end of the year. Richard told them there would be another public hearing. Mayor, Nile L. Boyle City Clerkj`Rose Bagley •