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HomeMy WebLinkAboutP&Z MINUTES APRIL 26, 1994~~ DATE: (042694} • Planning & Zoning Public Hearing Impact Zone 4/26/94 7:00 P. M. Those Present: Planning & Zoning: John Millar, Richard Smith, Jerry Jeppesen, Mary Ann Mounts, Davawn Beattie, Jeff Walters. Mayor & City Council: Mayor Nile Boyle, Councilmembers- Bruce Sutherland, Jim Flamm, Nyle Fullmer, Kay Beck. County Commissioners: Dell Barney & Marlin Hill. Also Present: City Attorney- J. D. Hancock, City Clerk- Rose Bagley, County Clerk- Beth Reese, City Engineer- Joe Laird. RE: PLANNING & ZONING PUBLIC HEARING ON IMPACT ZONE TOPIC: (300,18,,,IMPACT ZONE,PUBLIC HEARINGS) Richard Smith welcomed everyone in attendance. He explained that a personal notice was sent to every land owner residing or owning land in the Impact Zone. A copy of the Impact Zone map was displayed. Many attended an Informational Hearing held last week. During the time frame that he had worked with the City Council, County Commissioners, Planning & Zoning, and County Planning Committee, I can guarantee you they have done everything in their power to try to obtain input from people living in the Impact Zone as well as people living outside of the proposed Impact Zone regarding what they want to have done, regarding what type of ordinances they want, regarding the size and shape of the Impact Zone. They have done everything in there power to try to as you notice on the map, we went through that map very clearly tried to maintain every existing use as it exists today. If the land is agricultural, it was zoned agricultural; if it was residential, it was zoned residential; if it was rural residential, we tried to make it rural residential. There was only one or two limited exceptions where zones were not as they are with the existing use today. Many of the people at this meeting had input as to how you wanted your property zoned. The committee was very responsive to those comments and suggestions. He wanted to assure the people that these bodies had done everything in their power to try to answer the questions with regard to the Impact Zone and to try to be responsive to all suggestions. This is first of two hearings with regard to the Impact Zone. This hearing is to give input to the Planning & Zoning Committee. The Planning & Zoning Committee has been authorized by the city and county to administer this Impact Zone. The reason and purpose we are here tonight is to seek input from the people regarding the feelings on this Impact Zone. We invite everyone here that has an opinion or suggest or comment. It is very important that if you make a comment or suggestion, that you give you name, sign up on the sheet and also when you first start give your name and address so we can get it for the record. As a matter of courtesy we would ask all those attending to allow those who live in Impact Zone to testify first. We will try to finish up with the hearing by 8:30 P. M. If you have individual questions I~ • regarding the Impact Zone and you feel uncomfortable about discussing it in front of this group, please know that every member of the Planning & Zoning, every member of the City Council, and every member of the County Commission are more than willing to answer those questions and listen to your comments individually as well as in this public hearing. He wanted to make it clear that this group is here for the purpose to take input and are trying to do what is right and what the community wants and not what is going to be implemented by the court. In his opinion we have no choice, we will have an Impact Zone in the near future. We hope this Impact Zone will be developed by the people and not arbitrarily by a party filing suit. This public hearing tonight is not a forum for debate and argument regarding the legality of the Impact Zone and the legality of what the Planning & Zoning is doing or what the city and county are doing nor should it address constitutional issues. It should not be debated here tonight. Those of you who feel very strongly about legality of these issues and the constitutionality of these issues, we invite you to stand and express your opinions but do not want to get into a a debate. Terrell R. Woodmansee- I am here tonight to request that the piece of property I have on Hwy 33 West out by the Hibbard junction, on the north side of the road, be changed to HBD. The reason for that is, he bought the property a long time ago hoping he could someday establish a clinic on that corner. It has taken a little longer than he had thought. He would like the board to give that consideration. He would • submit this in writing. Richard Smith- Invited anyone that would like to submit written testimony to the Planning & Zoning. Eric Erickson- 1609 West 930 South- He read a letter signed by 39 of his neighbors. (attached) Letter in support of Impact Zone. Ray W Walker- 1270 Barney Dairy Road- (1) Why was the Walker family singled out and set aside on the Impact Zone all by its self? On the map on one side of the river they have R.R, 22 acres of that is water and river bottom pasture. Your Federal Rules says you cannot build a house within 300 feet of the river, because of the sewage and drainage. On the map they have R.R. right next to the river and in the river. Which on of you people would like to build a house in the river? All of the property next to Barney Dairy road is all agricultural. We have some new homes, but I have not had any increase in those new homes in the last four or five years. I could sell every acre I have within 30 days with people coming to me and asking to buy lots. We have been very particular with what we have been letting in on the property. We try to pick good neighbors and people who will build nice homes. The other day they planted about 150 trees along the Barney Dairy road to line the whole road back 20 feet from the road on each side. I would like to know if you let it go R.R. near the river bottom and is taken in by the city, the taxes will be higher because it is waste ground and pasture ground. I have no problem with the Impact Zone, but I think every person should be treated fairly. His neighbor came in and complained and he was taken off the Impact Zone and other neighbors complained and was taken off the Impact Zone. He wanted to a know why they were singled out? (2) The Walker family has done more • for Rexburg than any family in Rexburg. The road from Barney Dairy past the school was given to the county by the Walker family and wasn't even deeded to them until about four years ago. That road was built with matching funds. When his dad died, he told Ray to make sure that road got in. All there gravel pits after the flood, 60 acres 40 feet deep was dug out to fill Rexburg back up was donated by the Walker family. He felt they deserve a little bit of consideration for what they have done for the city. I want the Impact Zone to be fair. I want it zoned for the river bottoms where it should be, where the houses should be and the farming ground should be. He asked what High Industrial was because some of the agricultural ground was zoned High Industrial? He asked for consideration that it be zoned right. If you tie our hands and feet we are not going to do anything, it will completely stop everything that is going on. He wants it written in the ordinance somewhere that they can develope their ground and protect the small person that can't afford to buy an acre of ground. Give us a chance to break our ground in 1/2 acre lots. Don't try to enforce curb and gutter on us unless it is enforced in the City, make it fare for everyone. Richard Smith- Regarding your proposal to look at the Zoning on your property, We invite you to talk to a member of the Planning & Zoning and give your input, so we can work with you. If you will have this input in by May 11, we will have a work meeting to work out these problems. • Keith Walker- He questioned the property that is exempt, everyone needs to be be treated alike. It needs to be enforced though the county. Look at the homes on Barney Dairy Road, they are a model for the community, they have 160 feet of frontage on one acre lots. We planted over 100 trees. You need to go look at it and see if we need planning. We are fussy about who builds there. He questioned that road being a Farm to Market road? It is not a Farm to Market road, the only trucks on there is Craig Smith's, you see more jogging and biking on that road, it is one of the few places you can do that. We meet all the health department regulations. He questioned the restrictions, some are too restrictive, not many people can't afford to buy 5 acres of ground and then afford to put a house on too. We are trying to encourage development in the community, that is not how you do it. Satisfy the state but make it flexible enough and solve the problems. Someone said there are sewage problems out there, he would like to know where? If there is a problem lets solve it, but don't create a problem. Lets help the community and help people find a place to live. You need to incorporate all the county with the same restrictions. We are too far out in the county for the city to come out and dictate rules. Ray Walker- Years ago the Barney Dairy road was sage brush and a wagon trail. The old deeds go to the middle of the road. Years ago the county only had a usage permit on the road. Doug Sakota- 1779 North Salem Road- Reading a letter signed by 11 of • the property owners. (copy) To summarize what they are petitioning is ~i simple. They are petitioning to have the Impact Zone go up the Rexburg Cemetery road and to exclude their property at this time. They are not against Zoning and are not saying they don't want. to be included in the Impact Zone at a later date.- They would like to watch the growth of the city to see how it does develope. They would like a set of County ordinances and regulations supplied to them so they could study they to see how the city wants to see it regulated and zoned that might apply to them at a later date. He asked when they would vote on any changes? Richard told him the next work meeting would be on May 11, at that meeting they will consider all comments and the Planning & Zoning will make a proposal to the County Commissioners and City Council. Any vote will be Public. (they would like a copy of the vote) Doug stated that he would give his personal assurance that they would not develope in the near future and if they do they would keep in mind the pertinent city ordinances. They are asking that the city be consistent with their neighbors on all the rulings that are outlined. Bill Conway- 1550 West 190 South- He would like to express his agreement with Eric Erickson's comments. He had become very interested in zoning, his home is now adjacent to a motel and he is concerned about it. He feels he had a loss of property value right now. He would not have bought the property himself if there had been a motel there. He is concerned that there will be additional commercial type development in that area. He hates to see further storage sheds put in. He is in favor of R.R. requirements in that area. He did not get a notice. His neighbor Boyd Cardon was not notified. He understood ~~ . there is a grandfather clause and wanted to know on the requirements on curb and gutter. He wants the R.R. zoning for his area. Richard stated that we searched records in the county to send out notices. If we missed anyone we apologize. We will also make themselves available to go through another information meeting to answer any questions, to answer any questions on curb and gutter and sidewalks. In R.R. there area none, in new sub divisions the probably will be. Anyone that was not sent a notice, please sign up on a sheet and we will be sure you are notified. Spencer Larson- 549 South 1500 West- I built a two story white house and a have a letter to read. (copy) William Klingler- 1776 South 1000 West- He is in the area of Impact and his property is zoned R.R. He was unable to attend the Information meeting last week. He understood there would be a Grandfather clause. He wanted to appeal, that they not be terribly specific on some of the regulations. The restrictions should be to protect the infrastructure without setbacks. He recognized that we need to protect drainage. His concern is that as it is written is not the intent. In R.R. no animals are permitted. In the Informational hearing it was stated that the intent was to have two domestic animals per acre beyond the acre that the house sets on, the proposed ordinance shows R.R. is five acres. We would like to make it nice, but not too difficult. We have had animals in our neighborhood inconsistently. He was appealing to not make restrictions to eliminate people and don't make restrictions unless they are important restrictions. Boyd Cardon- 1535 West 2900 South- I did not receive a mailing. He • supported the letter by Eric Erickson. Keep it simple and make it easy and don't make regulations you can't enforce, it is not practical. He was concerned with the motel going in and they were not given an opportunity to have a say. He was concerned about the storage units. He would like his property zoned R.R.. He appreciated the intent for guidelines. Keep it simple. Doug J. Smith- 1678 West 1600 North- He applauded the work of the committee. He was concerned about the traffic on every arterial road, being mobbed by traffic. He remembered the Barney Dairy Road, they use to race that road when he was in High School. There is a concern that road was originally a farm to market road, right now it isn't. We are impacting a great deal upon the Agricultural Community by not doing some planning, by not doing some earlier. The road down off the bench, the Millhollow road is a classic example of failure to plan. As sub divisions go in County Areas, he thought there should be some concern about pumping sewage in the ground. He had personally experienced his own well having problems for the past two winters. His well is deep, but he has concern about it. There should be wisdom in maintaining property owners rights to certain things as they plan and build a home, that can't be done if there isn't any rules or laws to protect them and a mobile home goes up in your back yard. He supported the Impact Zone. De Loy Ward- 1432 South 1000 West- He discussed a green belt in BRIGHAM City and they kept putting more restrictions on them. Farmers can't • i even sell property to their family. They can only put a house in a \ development. They have to have curb and gutter and it costs a lot of money. Because of this the youth is leaving the area. We will be doing the same thing. There are roads in the city without paving and curb and gutter. Be careful before you go too far. We will strangle the thing. You need to make room for our youth. In Bingham they have to get permission for the people to use the area. Let people make decisions in their own area. He wondered why for example if someone wanted to put in a trailer house, they would have to get permission from the neighbors around them and then if you have a problem, you have a hearing. Why can't we use some modernization and let the people in the area decide and we will make our own Impact Zone inside of a an Impact Zone? Why can't we let the people in a small area make their own decisions? Richard - He stated that he really did not want to get this into a debate, but ,in many respects, that is exactly what we are doing. A city like Salt Lake creates an Impact Zone, and a city the size of Rexburg is just having a few neighbors get together and talking about what they accomplish, just like you said. When you talk about having five or six neighbors agree on a development in the county, for example the arterial roads, every person in the county pays for roads. If you had six people who want to take a piece of property and convert an arterial road into a nice residential street, he suggests that possibly isn't fair for the rest of the tax payers who have paid for that asset. If six people agreed to put a small sub division in the county with sub standard roads, inadequate water system and do it very poorly and .then say they want to sell lots to some people and these are now ~~ • county roads and we want the county to take care of these roads. Who pays for these roads, it is the rest of the county residents. When you start talking about groups of people and you think you are only affecting them, when they start depending up county and city facilities, really they affect the entire body. There is no doubt whether you agree with it or not agree with it, we have a State mandate that the Impact Zone will be in effect by 1994- 1995. If we don't stand up to that issue and address it as a community, an individual will come in and start talking water quality and arterials and you will have an Impact Zone and plan that is not acceptable. We have tried to address the mandate that we have. We will go over the testimony tonight and address it. Dusty Cureton- 1575 West 930 South- He agrees with what Eric Erickson has said. There is Spence and the storage sheds and then his property. I would not like business or industry to go in next to me. Lee Warnick-231 South 1500 West- He would join with the neighbors in support of R.R. What are you going to have during now and when the Impact Zone is implemented, will we have time that people will try to meet the deadline? Richard- We discussed this issue and we have not declared any kind of an emergency. Lee stated then people seeing this coming up could do what they want and make some developments to their property that could be contradictory to what the board is trying to do? Richard that is correct. Boyd Cardon- Asked if it had been entertained to have a moratorium? Richard told him we talked about it and under the statue there area provisions where by a city and county can put a moratorium in effect. The county commissioners, city council and Planning & Zoning talked about it, and he can say without reservation that all of those bodies, although not unanimous, felt it would be a little burdensome. We need to move ahead and get this done. Boyd Cardon stated with regard to any development that will go in, he felt it was in the interest of the property owners that before they do something that they get permission of the property owners of the adjacent property. Richard said that is a good idea, but there is no provision by law. The Statue provides that unless the county has the Comprehensive Plan they can't go ahead. Dell Barney- We have had several come to the commission to approve a plat for what ever they wanted to put in, and the course they have taken is to ask them to go to our Planning Commission and see if it is compatible with the plans they are trying to put together and so far that has worked really well. Until we get a plan in effect, we don't even have the authority to tell them to do that. It is important that we do have a plan that we get something together, but we need to put it • together us as a body. Not just the ones up on the stand but all of us and that is why we are here tonight is to get comments. There was a question when the vote will be taken? He assured them that vote will ~~ {' not be taken until all these concerns are addressed. He had some • concerns of his own. All of these concerns will be addressed before the final vote. We ask for your help. Ray Walker- We are not against Planning & Zoning. We just don't want to be singled out. We had a lot of people on that road cleaning it up. We have good neighbors. Dell Barney- Thanked everyone for the good comments tonight. Don Donahoo- 366 West 2000 South-(1) On the Impact Zone it should be defined what an Arterial is and where it is? (2) That the Grandfather Clause be clear and distinct. That it lays out the right of the person that has already purchased and built on property that is in the Impact Zone. (3} There should be provisions for resolving an exception. There will be times someone will petition for an exception. Richard closed the Hearing and told everyone that they appreciated the tone of the meeting. Anyone that was not on the list, please leave your name. We have a mandate and we also have an opportunity between now and October to get together and develope an Impact Zone. He stated that he was convinced if we fail to do that, someone will file a Rite of Mandate and there will be greater regulations than any of us contemplate. We need to stand up and implement Zoning as we wan t it. • NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be conducted on Tuesday, April 26, 1994, at 7:00 p.m., before the Rexburg/Madison County Planning and Zoning Commission at the Madison County Library, 73 North Center, Rexburg, Idaho, to consider all public comments pertaining to the proposed area of city impact and zoning within said area of impact, together with a proposed map and ordinances to be adopted. Copies of the proposed area of impact map, proposed zoning of said area and proposed ordinances are available to the public during normal business hours at the Madison County Clerk's office or Rexburg City Clerk's office. All interested persons are invited to attend and offer comment or testimony. DATED this 24th day of March, 1994. Rexburg Citi er] Ay� 2e 4vaap J Madison County Clerk NOTICE OF PUBLIC HEARING -1-