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HomeMy WebLinkAboutP&Z MINUTES APRIL 27, 1994~~ DATE: (042794) Planning & Zoning 4/27/94 7:00 P. M. • Those present: Chairman: Members: Councilmember: Attorney: City Clerk: Engineer: John Millar Davawn Beattie Jim Long Jeff Walters Marsha Bjornn John Watson Jerry Jeppesen Bruce Sutherland J. D. Hancock Rose Bagley Joe Laird A motion was made by John Watson and seconded by Jim Long to approve the minutes of March 23, 1994. All Aye A motion was made by Davawn Beattie and seconded by John Watson to approve the minutes of April 13, 1994. All Aye RE: PLANS PRESENTED & APPROVED FOR BRECK BARYON OFFICE - CENTER & 1ST N TOPIC: (300,12,,,SITE PLANS,BARTON-BRECK,CENTER STREET) John Watson presented the plans for the new office building for Breck Barton. John Watson declared a conflict of interest. A variance has been approved for this building. It was suggested that it would be a good neighbor to put up a fence. John suggested he would like to put in a bumper for cars which would over hang on city property two feet or we could rely on enforcement to keep the vehicles from hanging over the sidewalk from the parking. He could move the bumpers back. Marsha felt that for a safety factor, a bumper should be there. (discussion on plan) A motion was made by Jim Long to approve the plan for Breck Barton's office, and allow him to move two feet onto the property line with the bumper with the provision that he provide parking and not encroach on the sidewalk, and that he put up a minimum six foot fence along the East Property line extending North to the edge of the building and South property line extending west to the setback line. Seconded by Jeff Walters (Jim suggested that the fence be of concrete block) All Voting Aye, John Watson abstained. RE: PLANS APPROVED FOR STONES TOWN & COUNTRY ADDITION TOPIC: (300,12,,,SITE PLANS,STONES TOWN & COUNTY,ADDITIONS,SEWER, STORM DRAINS) • Plan review for Stones Town and Country Addition. John Watson presented the plan and declared a conflict of interest. There is an expansion shown to the north of the existing building. He had designated the parking places on the plan and designating parking for customers. They will bring roof drains off the building with a low f~ • pitched roof connected to drains and dump into a dry well back in the back. There are problems with the sewer system in the existing building, so they will do a new connect for sewer. For storm drainage on site, there is an existing catch basin and everything slopes to a center point and there is a dry well that doesn't pipe to anywhere. They are really not doing anything much to affect the on site storm drainage. (discussion on ingress and egress next to Madison Ford and paving on that lot) A motion was made by Marsha Bjornn to approve the plan. Seconded by Mary Ann Mounts. All Aye RE: BRAD LARSEN REQUEST FOR ZONE CHANGE OR C.U.P. FOR PROPERTY AT CORNELL & 3RD SOUTH TOPIC: (300,13,,,LARSEN-BRAD,ZONE CHANGE,CONDITIONAL USE PERMIT, CORNELL) Brad Larsen was at the meeting to request either a zone change or a conditional use permit of the property on the corner of Cornell and 3rd South to built a duplex with an apartment which would fall under a tri-plex or two duplex. There are two lots involved. He showed two plans. (discussion on plans} The board told Brad it would need a zone change to M.D.R. and go to a public hearing, which would be scheduled. RE: REQUEST FOR A VARIANCE FOR A FENCE AT 305 S 3RD E - ERIC OLSEN TOPIC: (300,13,,,VARIANCE,FENCES,3RD EAST) Eric Olsen 305 South 3rd East- A request for a variance for a fence, which is a corner lot. He showed some pictures of his lot and signatures from neighbors that they are not opposed to the fence. They want to put a 6 foot high cedar fence to fence in the back and part of the side yard. 3rd South has a right-a-way of 99 feet, so he would have to come in on the property 32 feet and if he wanted to build anything higher than 3 feet he would need to come in another 15 feet which puts it about 3 feet away from the side of their house. He was requesting to build the fence on the right-a-way, which would still be 32 feet from curb side on 3rd South and 60 feet from curb side on 3rd. East. He was told in the ordinance it says any fence within 15 feet of the right-a-way shall be three feet high. Jim Long made a motion that we accept it as long as it does not extend beyond the residential setbacks lined up on both streets. John Millar explained that he wants the fence right on the right-a-way line and we would need to verify the setbacks. Mary Ann said that would be a basis for a variance. John Millar suggested that it go to public hearing and in the mean time we verify where building setbacks are and at the time of the hearing if there is not opposition we can grant the variance. Mr. Olsen said he had signatures from all immediate neighbors and would he have to have a public hearing? He was told he would need to go to public hearing. The motion was seconded by Jerry Jeppesen to go to public hearing. All Aye He was told the cost for the hearing and he said he did not want to go to public hearing. • f~ RE: ESTABLISHING THE ZONING FOR THE JOE LAIRD & RIGBY/MORRELL PROPERTY • TOPIC: (300,14,,,ZONING,LAIRD PROPERTY,RIGBY/MORRELL PROPERTY) Establishing the zoning for the Joe Laird property and the Rigby Morrell property. This property was annexed in the 1960's and has never been zoned. We will need a recommendation and then go to public hearing. The city will have to stand the cost because it was left unzoned. Joe Laird stated that he wanted his property just west of the Park Street Church zoned LDR1. There is a little bit over four acres of property in that piece. Steve Zollinger, representing Rigby Morrell property, stated that they have no problem with it being zoned LDR1. The one concern was is if a condition use permitted for a nursing home will be allowed in LDR1? They have been approached by people wanting to build a nursing home to buy the property. If there is not opposition for a conditional use permit, there would be no problem. Their concern was also if the city had plans to straighten the road out, Bruce told him we had no plans for that. A motion was made by Mary Ann Mounts and seconded by John Watson to go to public hearing for the above named property to be zoned LDR1. All Aye RE: RANDALL PLAT REQUEST FOR A CONDITIONAL USE PERMIT FOR TOWNHOUSES IN SUMMERWOOD SUB DIVISION TOPIC: (300,14,,,PLATS,RANDALL ADDITION,SUMMERWOOD SUB DIVISION, SUB DIVISIONS,CONDITIONAL USE PERMIT,TOWNHOUSES) Randall Plat and request for a Conditional Use Permit. The property was on North 5th West and East 2nd North. The name of the plat will be Summerwood Subdivision. John Millar declared a conflict of interest, he is not involved directly, but his firm is involved, he asked Mary Ann to chair the issue. Roger Hoopes, attorney, and Glen Halverson, engineer were at the meeting representing the Randalls to present the plat and to request a Conditional Use Permit to build Town Houses in the sub division. (showing plat) The church has bought the lot in the middle for a Stake Center. There are eight Town Houses designed and they would like to approach the Planning Board at this time for a Conditional Use Permit to build not more than eight Town Houses at this time. There will be 2000 square foot in the Town House with two of them together. There will be patios and decks looking out on the golf course. There is a small piece of property at the 5th West entrance where they plan to put some berms and ehrubs and a sign. Jim Long asked who will be responsible to put in the streets? Mr Hoopes stated the developer, the Randall Corporation, will be responsible to put in the streets. Jim Long asked why they did not connect to the easement that went into Sunset Circle. Roger said they did not connect to the easement because there is not a street there. He said there has been a lot of discussion, but he would like to direct the attention to the Conditional Use Permit tonight and get the Planning Boards recommendation to go to Public Hearing procedure on it. Because the street has been brought up, the Randall family feel it would be a IS better addition if the street were there, but it is not their responsibility. They are here to cooperate with the City Council and the Planning & Zoning with whatever the city wants them to do. We could plat it with the street there or they could plat it without the street. What they don't want to have is a governmental agency tell them there has to be a street with no street to connect it with and they would end up with a weed patch. Jim stated that the people in Sunset Circle have been strongly opposed to a street going through their addition. John Millar stated that Mike Clements owns the lot but does not have title insurance on the property. Roger said when he was first approached and asked to do some legal work on this property there was a great deal of discussion. We had to go back and research the minutes from years back as to what the city council did with that when these additions were going in and when Mr Randall, who is now deceased, bought this property. The agreement was they would go ahead and there would be a street in the Sunset Circle addition and there would be a connecting street in the Randall Addition when it was platted. The condition was that we will allow you to have that entrance through the Taylor Sub division, but not as your only entrance. Mr Randall would have to acquire an access to 5th West and they gave him a deadline to have that in. He did buy property for an access to 5th West. He was waiting for an appropriate time to develops this, and the time is now. In the mean time the original plat for the Taylor Sub division was changed to show no street and that property was sold to Mike Clements and he planted grass. The Randalls are stuck with the situation where it was originally thought that there should be a street, he thought that for the wise use of all the property surrounding there probably should be a street, but he had advised the Randall family it is not their burden to do it. Someone else needs to do it. The city has the eminent domain power, if they want a street there, they need to put it in, and in our addition we will match it. It could be subject to condemnation one way or the other. John Millar gave the history, "The preliminary plat for the sub division, showed a street there, a motion was made Nile Boyle when he was on the council and passed by the city council that that street be in. Somewhere between the preliminary plat and final plat, that street was taken out. The final plat does not show a street there. It was signed and recorded 20 some odd years ago." People from K Street were at the meeting. One citizen stated that it was taken up again five years later in 1974, and it was agreed and there was a vote taken to put the street in. John Millar stated they never followed through and acquired the right-a-way as he understood it. The citizen stated the property had not been sold at that time. Janet Goodliffe stated attached to the plat at the county are the minutes of the city council meeting, that Kent Jolly was to make the provision to put the street in. i• Marv Goodliffe stated that they are not fighting the sub division, but for safety reasons for fire and ambulance, you need to have all accesses. It would make it easier for the fire and ambulance to get through. Roger Hoopes stated that they would do what ever the board wants but at this point they are requesting the Conditional Use Permit for the Town Houses. f John Millar stated they are willing to get the preliminary plat approved, but can they get it with or without Town Houses or do they need to show it as a large unplatted lot? We have not had adequate time to review the plat for approval. Roger said the Randall Corporation would put in the asphalt, curb & gutter, utilities and sidewalks in. John Watson asked what the church has to do? Roger stated that it was his recollection that they would pay 1/2 of cost of the street and the access street. Roger stated that even on the Town Houses, the maximum allowable coverage under an LDR1 is 70~ of the lot can be covered with the building. With the Town Houses as proposed, they are showing 25~ of the real estate actually covered by building. Even though they are asking for a Conditional Use permit, the actual density and amount of green space is favorable. It is their intention to really try to make it an attractive addition with landscaping and berms along the street. These will be an uptown Town House type thing. A motion was made by Jim Long and seconded by Davawn Beattie to go to public hearing for a Conditional Use Permit. All Aye, except John Millar who abstained. Mary Ann stated that we will discuss the road when they come with a preliminary plat. Roger stated, the Randall people feel it would be appropriate to have the street in there, but it is not their battle to fight. The two things they don't want to happen is (1) they don't want ~ to leave a street there and have nothing for it to connect to, and (2) They don't want to be having this discussion a year from now. The church is ready to build, contractors have talked to the corporation solicitating bids for the streets and sewer and water. It is time they moved quickly. His question is what is the feeling of the Planning & Zoning. They are ready to submit a plat which ever way the city thinks is appropriate. John Watson said he had a preliminary layout as to where the church is going to go. It is an excellent development and is going to sit up on the West end. The area separating the Town Houses and the church is proposed for a ball field. The traffic will all go over onto K Street. It will be similar to the Rexburg Stake Center. John Millar stated he did not see them using K Street as much, because it is self limited. Bruce felt most of it would be off 5th West. John Watson asked about the width of West 2nd North Street if it was in the ordinance? It sets the width in the Sub division ordinance. Joe Laird stated as an engineer's point of view they would recommend the entire loop be a 60 foot street around the Stake Center and the ball diamonds because of the traffic. Glen Halverson stated that they were matching the size of Mary Ann street and the same on K Street. He suggested that we post the street for no parking. (discussion) Kathy Cotter stated the traffic will come off Mary Ann and go out K Street. They would have all the traffic on K Street from the Ricks Wade Addition and the town houses plus all the traffic coming from the East and the South. John Millar stated the problem with K Street is it is only 32 feet wide. ~~ • Bruce stated that the city does not have the money to put the street in, but they will discuss it. Roger stated that the Randall Corporation does not care if the street goes in or not. John Millar asked for a straw vote if the Planning & Zoning members that supported the concept of making an access road through Sunset Circle. All Voting Aye. RE: REQUEST FOR A C.U.P. BY J.D. HANCOCK - HOME WITH APARTMENT IN BASEMENT TOPIC: (300,17,,,CONDITIONAL USE PERMIT,HANCOCK/J.D.,HOUSING, APARTMENTS) J. D. Hancock requested a Conditional Use permit at 345 West 1st North to build a home with an apartment in the basement for married couples. A motion was made by Jim Long and seconded by Jeff Walters to go to public hearing for a Conditional Use Permit. A11 Aye The work meeting will be held on May 19. We will receive testimony on the Impact Zone until that date. The next regular meeting will be on May 26. Meeting adjourned. • r~ ~J