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HomeMy WebLinkAboutP&Z MINUTES FEBRUARY 23, 1994~~~ • • • Members Present: Chairman: Members: Councilmember: City Clerk: Attorney: Excused: Planning & Zoning 2/23/94 7:00 P. M. John Millar Jim Long Jerry Jeppesen Marsha Bjornn John Watson Bob Lee Jeff Walters Bruce Sutherland Rose Bagley J. D. Hancock arriving at 8:05 P.M. Mary Ann Mounts Joe Laird John Millar welcomed the visitors. A motion was made by Jim Long and seconded by Bob Lee to approve the minutes of January 26, 1994. All Aye A motion was made by Jerry Jeppesen and seconded by Jeff Walters to approve the minutes of the Work Meeting held on February 9, 1994. All Aye RE: PLANS PRESENTED FOR MILLHOLLOW YOGURT - DISCUSSION OF EASEMENT Joe Romney was at the meeting to present the plans for the new building for the Millhollow Yogurt Business on the property East of the Beauty College and North of the D. I. It will be a free standing building. The city has a corner parking lot and they were hoping they could just realign the parking on the one side of the lot and change the flow of traffic on the lot. Joe explained the parking. Jim Long asked Joe if he had found out what he needed to do with D. I. and the Beauty College as far as their ingress and egress into this property. Joe stated there is the Beauty College and Gerald Taylor's warehouse which has a large garage area and they would grant them a twenty foot easement for ingress and egress to that lot. La Mar Brower representing Deseret Industries was at the meeting. Jim asked if an easement is granted to Gerald Taylor, is that exclusive to Taylor or can anyone use it? John Millar stated it would depend how the easement was written. Mr Brower told the board that there is already an easement, as far as their lease agreement which states that R. & G. Investment agrees to give Deseret Industries truck access east and west across their property north to the D. I. store from 1st East into the described storage building, because they are renting the Taylor warehouse. Joe Romney claimed that the easement was to the warehouse but not to the D. I. building. Mr Brower stated it is so they have access to the north door and by prescriptive rights they would have an easement, they have been leasing that area for 13 years. Joe Romney felt that was a matter between Taylors, D.I. and himself; and he felt the easement was just for the warehouse. They would probably make an agreement with D.I. to let them use it. John Millar questioned the easement would be valid if they ~.~~ terminated the lease of the warehouse. Jim Long suggested that if • through the use of the easement it obstructed the parking then Joe would not have as much parking as he claims. John Millar stated that this board needs to see the issue of the easement rectified before we approve the plan. As far as using the city parking lot for ingress and egress and also access to the parking, that is something the city council needs to look at. John Millar also stated that this plan does take out quite a bit of parking, because the lot is used unofficially for downtown parking and there would be a net loss of parking to the downtown area. John told them they would have to work out the issue if D.I. has a prescriptive use, which is a legal issue. Joe Romney said they would be happy to put something in writing. John Millar told him, the board doesn't see any problem with the concept of the parking. Joe would need to meet with the city council about the contiguous use of the parking lot. There are some legal questions to rights and rights of use that need to be worked out before we can proceed and approve the plan. There is also some additional information that needs to be prepared on the storm drainage, water, sewer which are addressed in the ordinance. Joe stated that according to the zoning ordinance they could put up a building that covered the whole lot if they chose, but they don't intend to. John Watson told him if he plans to build the building like these plan show, he needs to do it right and everything needs to be identified on the drawing including the easements. This needs to be on record. John Millar told him if it comes out in the final hashing out of this, and if that the D.I. has acquired a right through the years to park a semi and block the driveway then this is not a feasible plan. Jim Long stated that if there are two D.I. trucks permanently parked there it needs to be shown on the plan. John Watson told him he needs to show on the drawing the amount of curbing he elects to put in and the existing curbing and the car stops. RE: TISBURY I & II - MARRIED HOUSING - 5TH S. & 4TH & 5TH W. - GREG LUCE Greg Luce was at the meeting to discuss some married housing he is planning to build on 5th South between 4th and 5th West. He gave the board an up date on the South Brenchley Apartments. They are planning to be finished on June 1 and will have a Grand Opening. This proposal is down the street south another block from South Brenchley Apartments. They had a market study done and they found the the City of Rexburg needs 1750 units for family housing. The site is zoned H.D.R. They are building town house units and all stairways are enclosed and each unit has it's own stairway to go up to it's own living quarters. It will reduce the lighting and safety for the units. The density is 10 or 12 units per acre. There will be a lot of open space that will be used for play areas. There will be a Phase 1 and a Phase 2 at the completion of the site. There will be play area, laundries, and community areas and facilities. It will be built for couples, not for single student housing. We assume that by building these units it will relieve some of the housing impact in the community. There are two phases of 34 units each making a total of • 68. of those units there will be a total of 8 units that are one bedroom apartments. The loan is by F.H.A. and will be subsidized. -, . rr. • The income for the tenants is about $24,000 a year. John Millar told him it is well under our density requirement. The development is over 24 units and will require a Conditional Use Permit and a public hearing. We will need a full site plan and all department heads will review it prior to Planning & Zoning review. We would be able to approve both phases at the sametime. A motion was made by Jim Long to take it to Public Hearing after Rose mails out the Conditional Use Permit to each board member. Seconded by Jerry Jeppesen. All Aye. RE: VARIANCE REQUEST FOR CHAD PRICE - MILLHOLLOW SUB DIVISION Chad Price attended the meeting to discuss a variance request. He had purchased lot 8 of Millhollow Sub Division, about 275. His upper neighbor would be Steve Hart and his lower neighbor would be Steve Mack. When he bought the lot he received some misinformation. He was told by neighbors that the backyard needed to be 20 feet, but since that he found out it needed to be 25 feet. His lot is 90 foot plus an 8 foot easement, making 98 feet. There is actually a 8 to 10 foot drop on the lot. With the 98 feet, his home plan is 50 feet 8 inches deep and with the 25 foot back yard and the 25 foot front yard, he is left with 48 feet to build the home. This messed him up 2 foot 8 inches and he could not shorten the home or garage. John Millar told him he needed to be 25 foot from the eaves and there was probably an 18 foot over hang on the eaves. Chad said he looked and measured some of the neighbors setbacks and took some pictures, which he showed the board. • Discussion on the setbacks of the homes on that road. Bruce Sutherland asked if he requested a variance which end of the lot would he want a variance? Chad said he really did not care. He did not want to be as close to the road as the Mack home. Bruce told him that was the only road in the city that is not up to code and sooner or later the road will be brought up to code and widened. Chad said he just wanted to be in compliance and build his home. John Watson questioned the Restrictive Covenants and the requirements for setbacks which would be different from the zoning ordinance. Chad said there was a requirement to have a 1500 square foot home, so the lots are small to put that size home on. Jim Long asked if there was a way we could determine it a hardship if the lot is plotted smaller than what the city requires? John Millar stated it would have to be determined; years ago we let people come in and plot the lots smaller and the old ordinance allowed smaller lots. John suggested that our ordinance does allow that if the predominate setback is less than the required then you can build to the predominate setback without a variance. The city engineer would have to verify that and that would be an option. Bruce Sutherland cautioned him about getting too close to the road even if the other setbacks are too close. Jerry told him we could not grant him a variance with the conditions he had listed on the application. Jim felt we could justify a hardship for anyone that buys a lot up there because of the lot size. A motion was made by Jerry Jeppesen and seconded by Jim Long to set a tentative Public Hearing for a variance subject to his submitting a revised application to be sent to the board members. All Aye • ~~ RE: DISCUSSION OF THE IMPACT ZONE John showed a map that he had color coated with zones: Rural Residential, H.B.D., Agricultural 1, Agricultural 2, Light Industry, Heavy Industry and open Space. We need to decide on the agricultural zones definitions. J. D. handed out some sample definitions, he had gotten from other cities and counties. Most of the people he had talked to from other cities and counties have told him if it will be annexed in the city it needs to meet the city requirements. Discussion on the acreage in the Agricultural Zone. It was decided to list in Agriculture 2 that livestock would be allowed, with wording to preclude a feed lot. J. D. will work up the definitions and we will have a work meeting in two weeks. John would get the map colored. At the Public Hearing we need a sign up sheet. J. D. suggested that at the Public Hearing in Sugar City, they had a sign up sheet and the mayor told the group they would have the people living in the Impact Zone for the Impact Zone testify for three minutes each and then the people in the Impact Zone against testify for three minutes each. After they had testified then he opened it up for anyone outside of the Impact Zone to testify. This worked very well. The P. & Z. felt that would be a good idea. John Millar suggested that after we finish the Impact Zone we need to start on revising the Comprehensive Plan. Meeting adjourned. •