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HomeMy WebLinkAboutP&Z MINUTES JANUARY 12, 1994o.~~,l~ • Planning & Zoning Public Hearing & Work Meeting 1/12/94 7:00 P. M. Those Present: Chairman: Members: John Millar Mary Ann Mounts John Watson Jim Long Marsha Bjornn Davawn Beattie Bob Lee Richard Smith Jerry Jeppesen Jeff Walters Rose Bagley J. D. Hancock Joe Laird Bruce Sutherland Excused: City Clerk: Attorney: Engineer: City Councilman: John welcomed Bruce Sutherland, as the new assigned councilman over the Planning & Zoning Committee. RE: PUBLIC HEARING FOR ANNEXATION OF PROPERTY ON WEST MAIN BY FREEWAY 'l • The purpose of this meeting is for a Public Hearing to annex and zone a nine acre tract of land on West Main, on the South side of the road next to the freeway. The said property if annexed to the City will be zoned HBD, which will necessitate a change in the zoning as defined in the Madison County-Rexburg Comprehensive Plan 2000. The amendment in the Master Plan is to change said parcels from commercial to HBD, which would permit the use of the said property for a motel, restaurant and mini-mall. John turned some time over to Judy Davis to present the plan and then it would be turned over for public comment. It would then be turned over for comment from Planning & Zoning Members. Judy Davis, Relator with Century 21, is working with the people who would like to purchase the parcel of ground and develop it into a fifty or sixty unit motel complex. That is all they are requesting from the city at this time. They are purchasing nine acres and will need about three acres for the development they are putting in. In the future they hope to be able to interest a chain restraunt, a full service family restraunt, and possibly some type of specialty retail stores. There has been a lot of misinformation that was circulated. The application that we have made to the city specifically excludes a truck stop. She showed a poster of Comfort Inns. At this time we do not know what the design of the motel will be, it will be between fifty and sixty units. It will have an enclosed swimming pool and a meeting • room. These people have three other motels, two in West Yellowstone and one in Jackson. She and her sons went to one of their complexes in West Yellowstone and stayed there and felt that it was a nice motel and run very well. She had sent out a letter explaining the complex to all ~,a'1 the people who had signed the petition to the city. She also talked to many of them in person. Many of the people on the petition were not even certain of the location of the potential development. She had defined for them that they were doing the motel complex and were excluding a truck stop. The Choice International are the people who own the Road Way Inns, which is the top of their line and this one is in the top end middle class which is above the Motel 6 and Super 8, but not at the top with the Shilo Inn. Ora Green asked how soon it would happen. Judy said about spring, middle or end of March they would start construction. The engineering would need to be done for the water and sewer. The old Squires home is included, it is part of the property. Temporarily that will be left there and will be used to house some of the people who will be working on the project, then it will come out because it is in the way. The State will allow us three accesses off the road. She had talked to the State and they are in the process of getting the permits and permission from them. There will be three ingress and egress slits in the curb and they will allow us two forty foot slits and one thirty foot slit. They have to be separated by at least five feet. It was then turned over to public comment. No one asked to comment, so it was turned over to the Planning Board for comments or questions. Marsha Bjornn asked what were some of the f' want it? John Millar said he understood around earlier that it was a truck stop. afraid if this development were put in, i Street? John said it was not brought up. L' reasons that people did not that there was a concept going • Marsha asked if people were t would continue on down Main Jim Long asked where it was in the Impact Zone? John told him it was contiguous with the city. The Impact Zone that is proposed goes to Highway 20. Davawn asked what about utilities? John stated that water and sewer would have to be extended out to it from 5th West. Bruce said it would be paid for by the developer. John said the Sub Division Ordinance requires 6" inch water lines and anything above that will be paid for by the city. If lines are extended out there, they should be big enough to serve the whole area. Marsha asked when a motel complex like that anticipated tax revenue for the city? John property tax revenue. Judy stated the cost million dollars to 1.6 million for rough fig stated he thought the tax would be a little valuation. goes in, what is the stated that there would be of the motel would be 1.5 lures at this point. Bob Lee over l~ on assessed John Watson stated that assuming that the reason for annexation is for city utilities, will the utilities need to be changed significantly to accommodate this motel? John Millar said they would need to be. He said they had prepared some rough costs on utility extensions. The • water line will have to be extended clear from 5th West,. there is only a 6" line that goes out to those last homes on that street. The sewer ~~ v • goes out basically to the south east corner of the Golf Course. The cost would be $168,000 total cost to the developer. There would be a cost to the city, if we stay with the large lines. We have basically said if you are going to extend the water line out there, it should be at least 12", and sewer line like wise, so there is some cost in over-sizing the line. As long as you are going out there lets get it deep enough and large enough to serve more than one complex. Jim Long asked if there is more development in the Impact Zone, is there any way the city can get the money back that they have put in to expand the size of those lines for future development. John Millar told him it would come from connection fees. The city has taken the stance that only property that is annexed will receive city services. The zoning would be HBD for that nine acres. Bob Lee asked, what if the motel idea fell though, what then could come into that location. HBD is basically any commercial development. Bob asked if a Truck Stop could come in? John Millar told him unless we develope an annexation agreement, which should be our recommendation, which would have stipulations on extension of utility services, on limitations that would be placed on the property, those would be binding on the property. Judy stated that is why with the application they had excluded the Truck Stop to give as much peace of mind to the people that would be their neighbors. John Millar stated that we could annex contingent up and negotiated annexation agreement and Joe could • work it up. The property contiguous to it' is not zoned. John Millar showed the city limits on the map which needs to be corrected as to the city limits. He said it had been in the city limits for thirty years and not zoned. We have discussed this before, it is used for an agricultural zone. Jim Long asked how far does the F.A.A. extend in their jurisdiction. Do they go beyond Main Street. John Millar stated only in height limitation. Ora Green stated that they own the house just east of the proposal. Bob Lee stated that if it were him he would be concerned unless it were screened someway, so they are buffered. John Millar told him our ordinance does require screening. There are trees along the property line that belong to Greens. Mrs Green stated at the moment they are not in the city and she had an agreement with the mayor that they will not be annexed into the city. Is there anyway in the future that you could compel us to be in the city? John Millar asked if they lived just east of this site? She answered yes. He told her the records show that thirty years ago her property was annexed into the city. She argued that they were not in the city, describing her property line and the city line. John stated that we would have to verify that. The records show that everything out to U.S. 20 with this annexation would be in the city. She stated it had better not be, because the mayor promised her and they would go around her. John said they dug into this to find out what had been and what had not been annexed into the city and back in 1964 that area was annexed clear past the canal west. ~~ i/ Jim Long stated he was never happy with the definition we put into the • ordinance for the density of screening. What we have in our ordinance is not going to provide screening for these people between the motel and residents. At this point if we are going to negotiate other things, we need to negotiate what that screening is going to consist of, as to density and specifically identify what. John Millar said we can require a fence. Jim said that irritates him, because the fence will not screen what they need to have screened. It will only provide a barrier six feet high, but is does not provide for sound or esthetics or anything else that a good green screen is designed to provide. Bob Lee asked Mrs Green what she would like to see there to screen her from the Motel? She suggested a high green solid hedge to screen from the noise. Jim Long stated that if we talk about height, it will spell out width, which might be different from what the ordinance provides for. You will need spruce trees to get what you are asking for and you are talking about a minimum of a 25 foot width for a buffer zone. Ora said what concerns me more, is annexation to the city. John Millar told her as near as he could tell it happened thirty years ago. Bob Lee asked what the developer is willing to do, are they willing to put in that type of buffer to insulate them from the noise. John said we probably will require that in the annexation agreement. Judy Davis stated that you can talk about the thirty foot strip of spruce trees but the cost of establishing those trees would be quite a bit to ask. • The chance of them surviving would be very slim. Jim Long told her to look out south at the Stake Center and see the trees that are a buffer around that building. Bob Lee stated that those were planted young. Judy said it would be reasonable if they could plant young trees, a green barrier would be beneficial and a reasonable request, but 25 feet wide is very wide. You are dealing to a limited access to the property because of Freeway. We have approximately 170 feet frontage to deal with as far as ingress and egress. If you force a 25 foot wide buffer, you would limit it to approximately 135 for 120 foot ingress and egress. It would cramp the people coming in and out of there, suggesting that we need to look at that in light of what makes good sense for traffic flow and 25 feet is a lot for a buffer. She had no problem in working with the city in coming up with something that is reasonable. Jim stated that he thought they should look at alternate ways of site planning the development on the nine acres. Judy said regardless of how it is located, there is only 170 feet frontage. John Watson- Assuming that it is not annexed, what is the impact on the developer? John Millar stated they would not have access to city services, no city police protection. It frees them up because they will not have any requirements on what they do there. Jim Long asked, when we adopt the Impact Zone is it the same as if they were annexed? Richard Smith stated in the discussions we have had, we may impose the city ordinances in the Impact Zone, if we pass the Impact Zone and we have not passed that hurdle yet. • John Watson asked if we have a time frame for the Impact Zone? Richard told him at best 60 to 90 days. Bruce Sutherland stated from the council point of view any development of this magnitude the city would prefer that it be annexed, for the simple reason of control and taxes. John Watson stated that if it is annexed, it would have to come to Planning and Zoning for a plan review and to make sure that we handle driveways correctly and also help the residents with what they want. Bob Lee- To comment on it being next to residential zone, you have a real prcblem when you have a freeway. No one would want to build a house next to the freeway, so what you look at is what kind of a development would go in there that would be most compatible with a residential zone. Probably a motel is least damaging to a residential setting of any other type of business you would put ir. there. John Millar stated not only requiring a buffer but it would give us the opportunity that when they do the site planning if they have a truck parking that it is over on the west side next to the highway, not next to Green's house. It would keep traffic away from that area and give us some input on what could be done. Bruce Sutherland suggested that there are several ways to do the site plan. Just by angling the motel in a certain way, they can also decrease the impact on the Green property. Judy stated that she realized that all of these things need to be taken into account, but as any business there are also things like visibility to the public, signing and things like that. She would like to look at the whole picture. Bob Lee stated we are assuming that it will be a first class operation which will be a credit to the city. If it is not a first class operation it won't be a credit to the city, but how do we control it. John Millar told him the meeting tonight is strictly for the Annexation and Zoning. Any development on the site will have to come before this group at another meeting, and we can try to work with the developer and get the best we can. Judy stated that the Choice International has control on what can go in and have their name on it. These people have signed a contract with Choice International. They have control on what can happen and have their name on it. {Discussion on the annexation and development on the North of the city) Ora Green- If the water and sewer go out will it interfere with the irrigation water. John Millar told her no, we cannot do that, water rights are deep in this country. . John Millar closed the hearing. We either need to table it, approve it or make a recommendation. John Millar introduced the new city engineer, Joe Laird. John stated that something we have not done in the past that needs to be done is make a formal Annexation Agreement with • stipulations. Joe has agreed to work with the developer and get it worked up. If there is anything we want on that agreement, we need to say as part of the agreement. John Watson- If it is annexed it would come under the Zoning Ordinance and would have to meet the dimensions as dictated in the ordinance or by the Highway Department, so it isn't something we impose our wished on. John Millar stated we have some say but the ultimate say is the Highway Department. Jim Long felt that as a condition, we should establish a design review and designate whc the professional licensees would be on this Design Review Committee. He suggested that one of conditions would be that the plans be submitted to a Design Review Committee consisting of an Architect, Engineer and a Landscape Architect. Judy- Our intent is probably the same. She stated that she gets concerned when we get great government regulation that gives birth to lots of things that those of us have to live with after. We will have an architect drawing the plans and will work with the city engineer and they are dealing with Forsgren and Associates as far as the engineering the developer will be required to do. She was concerned about creating a lot of government regulations that costs a lot of delay and could cost many thousands of dollars to implement. Jim Long disagreed, Boise does it very well and gets good results. This is what he would ultimately like for our city. We don't have it right now, here is an • opportunity to demonstrate it. P.ichard Smith- The fact of the matter is our Zoning Ordinance does not permit that. If that is a function that this community wants, then he suggested that we go forward and take it to public hearing and let people have input and put it in the zoning ordinance. By taking that type of action through an annexation agreement, we are really saying we are not authorized to do this, but we are going to hold this hammer of annexation over your project because there are members on this committee that want to do that. Tf we are going to take this activity the community needs to come in and go to public hearing and have input and if they want that kind of review, then lets put it in the zoning ordinance. He was nervous using it as a threat through an annexation agreement. A11 changes in the zoning ordinance needs to be by the proper procedure. John Watson stated that it already states in the Zoning Ordinance that a facility of that nature would have to be designed by a professional and he needs to be responsible for it and the building inspector has a responsibility to see that the plans are reviewed and stamped, and it meets the zoning ordinance and building code. He felt that it was a good process. Bob Lee asked about the plans for the remainder of the property. Judy told him they have a conceptional plan only. Probably the motel will go on the center south end of the property. A restaurant will go i:~ the one corner and then a some type of a little resale mall, with specialty outlet stores. That is what we hope to attract. Anything we propose will have to go through Planning & Zoning. Jim Long asked what process we need to take to get a Review Committee. Richard told him if that is what this group wants, we need to take it to City Council and then go through the process of a public hearing. John Millar agreed there is a process, we need to go through and a project should not spur a change. (discussion on the agreement} John Millar stated that the agreement needs to include costs for sewer and water, users fees, restrictions, traffic facilities. There are some things we want to see as Planning ar~d Zoning and some things from engineering which should fall to the city engineer. Richard stated that if what we want is not in the ordinance, then we have a problem with the ordinance. If this project was happening on property that is in the city we would only be able to control it with our ordinance, we would not have an annexation agreement. He gets very uncomfortable when we say we don't like the ordinance so we are going to put extra restrictions on a particular project. Bob Lee felt the key issue is to protect the residences that live next to it. A motion was made by Jim Long to recommend to proceed with the annexation and to zone it H.B.D. with an annexation agreement prepared by the city engineer. Seconded by Bob Lee. All Aye . RE: DISCUSSION OF THE IMPACT ZONE Next on the agenda was to discuss the Impact Zone. John Millar told the board he had obtained the property ownership maps and would like to get together with two or three members and develope the zones for the area. Marie Sakota was at the meeting and asked about the zoning on her farm. Richard told her it would be zoned as it is now, we would leave it agricultural. She said she had one request that we left all her property zoned the same. Davawn Beattie said he would work with John Millar to develope the zones. John would check and see if Jerry would have time to help with it. Richard suggested that we need to keep the zoning as it is now. Richard stated that we adopted different boundaries at the last meeting, which were different from what we decided on when the commissioners met with us. They did not sell very good with the change. Archibalds met with the county and want to be out of the Impact Zone. Roger Muir does not want to be in. Richard felt we should implement our total zoning ordinance in the Impact Zone with an agricultural zone. The commissioners felt strongly that this should follow along the river and then come up to the corner of the cemetery and then go east. They felt the ground west of that will never be annexed for years and years, because of the natural geographical barriers of the river and bottom lands. The board felt that Archibalds and Muirs would have as much impact to the city as anyone around that area. Richard stated with the rest of the boundaries the commissioners were in agreement. They are swallowing a little hard with implementing the total zoning ordinance in the Impact Zone. Richard had told them there would be one or possibly two agricultural zones added to the zoning ordinance in the Impact Zone and they were in agreement with that. They felt the zoning ordinance really needs to be in place as annexation continues to go forward. This is one issue we need to talk about. This is a barrier we need to come to grips with. We are really close. The commissioners are close to implementing arterial protection and a sub division ordinance. They have come a long way. (discussion) Mary Ann left before a decision was made. John Millar stated that he felt we :,eed to move on it. If we get it into place, and we need to change it in a year or five years, we can do it. The Archibald property is in the flood plain and the water act will help control it, if they have any run off. Richard stated that the commissioners stated that they recognized that we need somekind of planning up and down the cemetery road, but if water and sewer won't be brought down that road, let the county regulate it. They have intentions of having a county plan in effect. Jim Long stated that the county attorney has refused to work with the committee and the reason is he believes that we should proceed with the Comprehensive Plar. before we have sub division ordinances. The committee and the commissioner say to heck with it they want to go through the piece meal thing. So the commissioners have authorized Jim to hire Ranae Magee to work with the committee. (discussion) A motion was made by John Watson to go back to the second original plan leaving Rasmussen in and excluding the Cemetery Road. Seconded by Jim Long. All Aye - Marsha Bjornn and Mary Ann Mounts had left the meeting before the motion was made. RE: DISCUSSION OF 5ET BACKS ON A CORNER LOT John Millar discussed the issue of a corner lot. We need to define the rear yard instead of two side yards. If you require one to be a side yard and one to be a rear yard, you have one property owner that has a five foot side yard and a twenty-five foot. Was that the intent or was it the intent to have five foot on either side and let it fit the lot as it can and maintain in essence two front yard setbacks and two side yard setbacks? The committee felt it would be to maintain two front yard setbacks and let the back and side yard fly as it may. Meeting adjourned.