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HomeMy WebLinkAboutP&Z MINUTES MAY 19, 1994a' • DATE: (051994) Planning & Zoning Meeting Work Meeting 5-19-94 7:00 p.m. Those Present: Chairman: Members: Councilmember: Attorney: Engineer: Excused: John Millar MaryAnn Mounts Jeff Walters Marsha Bjornn Davawn Beattie Richard Smith Jerry Jeppesen Bruce Sutherland J.D. Hancock Joe Laird Johnny Watson, Jim Long, Rose Bagley, City Clerk Janet Williamson was present to take minutes. RE: CONDITIONAL USE PERMIT FOR J.D. HANCOCK - HOME AT 357 W 1ST N (RENT BASEMENT OF HOME) CONDITIONAL USE PERMIT GRANTED TOPIC: (300,25,,,C.U.P.,HANCOCK*J.D.,RENTALS) John Millar opened the meeting by reading the notice of a public hearing for a Conditional Use Permit to be granted to J.D. Hancock for construction of a home to be used as a two-family dwelling. The property is located at 357 West 1st North in Rexburg. J.D. Hancock gave an explanation about the request. This lot has been vacant since the flood. At the back of the lot there is an existing residence. At the time that he purchased the lot it was zoned R2 which would permit multi-family dwellings which would include up to a 4-plex. There is a 4-plex located in the area at the corner of 4th W and 4th N. They want to build a house and have the basement rented for married housing. The lot is aver 20,000 square feet. This home would be out in the front of the lot and it is similar to many in the neighborhood. It does have adequate parking. Marsha asked if the people next to the lot were aware of this request. J.D. said the lots East and West are vacant. Would that be the only building he is putting on that lot? J.D. said yes it would be. On his other three lots that he owns in that area he will be building single family units to be sold not to be rented out. Mable Smith, who lives directly across the street, asked why we were having the hearing - he has already built the house, it's up, the basement is in, now we are having a hearing. Why are we here? John explained that the Conditional Use Permit is to allow him to rent out the basement. He does not need the Permit to build the house - he meets all the requirements to do that. The notice is sent to everyone within 300 feet to come and voice their feelings before the P & Z makes a decision. She feels the neighborhood is better with the house but • felt that the Public Notice needs to be worded differently so that people understand better what the hearing is for. Richard moved that we issue a Conditional Use Permit for a single family dwelling with a single family unit rental in the basement. (2 family residence) Marsha seconded the motion. All aye. RE: PUBLIC HEARING CANCELLED FOR RE-ZONING OF BRAD LARSEN PROPERTY At 7:30 a Public Hearing for Brad Larsen for re-zoning the property across from the girls dorms was scheduled. Mr. Larsen withdrew his request and the hearing was cancelled. RE: REQUEST TO DEVELOP NEW LDR2 ZONE - GO TO PUBLIC HEARING JUNE 9TH TOPIC: (300,26,,,LDR2 ZONE,PUBLIC HEARINGS) John next read a request from Dean Ricks that they develop a new zone called LDR2 and that vacant lots in the Ricks-Palmer addition be rezoned to the LDR2 zone. This new zone was discussed a week or two ago and we had decided to create the new zone. Richard asked what the size was. It was 6,000 square feet instead of 8,000 - all other requirements would stay the same, front yard, side yard, etc. Devawn Beattie moved to go to public hearing on June 9th at 7:00 p.m. • to amend the Zoning Ordinance to add the LDR2 zone. Richard seconded the motion. All aye. RE: PUBLIC HEARING SET TO RE-ZONE DEAN RICKS LOTS IN RICKS/PALMER ADDITION TOPIC: (300,26,,,RICKS/BALMER SUBDIVISION,LDR2 ZONE,RICKS*DEAN) Richard Smith moved to go to public hearing on June 9th to rezone the lots requested by Dean Ricks to LDR2. MaryAnn seconded the motion. All aye. John said that as areas are annexed or developed they may request the new LDR2 zone. (The public hearing for before the City Council may be scheduled for June 15th.) RE: DISCUSSION OF A NEED FOR A VARIANCE FOR HOWARD RANDALL - 5TH WEST TOPIC: (300,26,,,VARIANCES,RANDALL*HOWARD,5TH WEST) Howard Randall - 202 South 5th West, was present to ask the board if he would need a variance to build a home on this lot. He purchased the lot in 1989. At that time the minimum lot size was 6000 and now it is 5000. He only has 7200 square feet. He was asked if he has the 60 foot frontage and he said yes. Does he meet the set back requirements? Yes. He was told the lot size was adequate when it was sold to him and he would be grandfathered in. Mr. Randall then said he would like to talk about the set back. He has an existing building and to meet the .i ~~ • set back it would be really close where he would have to rip a foot or two down in order to have any access through. He would like to be able to come out about 2 or 3 feet past the set back in order to give him some access. Also his neighbors house meets the set back but the covered porch sticks out past the set back about 2 or 3 feet. The other side of the lot comes around on Park Street. Joe said there isn't anything immediately adjacent. Mr. Howard was told he would need a variance to come forward 2 or 3 feet. RE: IMPACT ZONE ITEMS FROM PUBLIC HEARING DISCUSSED TOPIC: (300,27,,,IMPACT ZONE) Shiro Fujimoto expressed his concern that they are zoned agricultural and across the highway they own some land and it is being zoned light industrial. Bruce said as long as he farms it there is no problem at all. If you decided to sell it to a commercial concern though, sometime in the future, this would just save you from having to ask for a zone change then. Some of that is already light industrial use now. Shiro asked if it was taxed higher and they said no. Richard pointed out a couple of options that Shiro would have if it were agricultural is that while he is farming it he can make a decision if they want to come in as commercial, highway business district or light industrial. That particular piece of property is up in the air and could be either way. Shiro said they would just like to have it be agricultural the way it has been. The board said okay they would show it that way. Shiro asked since it is going to be zoned agricultural - he has a brother that is thinking of coming back from Hawaii and he has a son coming back that might want to build a house, so now your restrictions are 5 acres - am I correct? John said no, 5 acres deals with if you want to sub-divide. If you want to sell off an acre you can. When they were looking at rural residential they were looking specifically at someone coming in and taking a 20 acre parcel and dividing it up and selling 5 acre lots. But, in your farming operation, when someone comes back and wants to build a house next to your house there is no restriction. Shiro asked if, for some reason they needed the money and wanted to sell a lot or two? He would have to come in for a zone change. Shiro then asked if they sold on the West side next to the highway, does the letter state that if that happens you have to build a road in there too? Your property there is on is an arterial road. That is your reverse frontage. Shiro said it is not in now. The county is leaning towards protecting the arterials. Richard said there is a sub-division ordinance on Sid Browns desk right now that addresses that issue. The reason is to limit the egress and ingress on to arterials. Shiro asked how far back the grandfather clause goes back. His dad used to run 60 to 70 head of cattle. John said that at the day we put this in, if you say you want to have 75 cows reserved because you had that sometime in the past, we are noting that and we are going to grandfather that in. #'s will go down by how you divide the property. Shiro said anything new is kind of scary. He asks himself how many more restrictions are there that we don't know about that once we get going are going to be enforced; where, if it is not zoned that way we don't have to worry about it. MaryAnn tried to point out that the zoning protects rim from what his neighbor could bring in and do in the property next to him. Richard explained that the only way this is going to effect him is if he decides to change his operation. Terrall Woodmansee - would like his land on West Main zoned HBD. Board felt it was in line with surrounding area and it would be okay to have his property zoned HBD. Rammell request to reserve right to put in more storage unit s - the area is being zoned Rural Residential. Several people in the Rexburg Acres and Widdison Addition were opposed to this request. (Eric Erickson, Spenc Larsen, Boyd Cardon, Dusty Cureton, Bill Conway, Etc.) We have set this area up as RR (rural residential). We have 2 commercial uses there already. Spenc sits right between them. The board felt the majority of the people want it zoned RR the way we have it, so they decided to leave it that way. The 2 existing storage units are grandfathered in. They will show it ALL rural residential. If they want to add on, they will rave to come to planning and zoning. Ray and Keith Walker - The board agreed that the area shown on Ray's submitted map should be zoned Agricultural 1. Richard asked where is the line on Barney Dairy Road? Is the south • section dropped off? He thought both sides of Barney Dairy Road should be on. John said all it leaves out is J. Freds. Everything West of J. Freds is in. (Some discussion on sub-dividing lots, etc.) Doug Sakota was at the meeting and had sent a letter requesting that his property be excluded from the Impact Zone. 1/2 of his property was in and 1/2 out. J.D. brought to the boards attention that 23 acres of the property across the road (Salem Highway) from Mr. Sakota, has been approved for purchase for an industrial park. Richard said he has a strong concern, and feels this group should have a strong concern about what happens on the frontage of that road. We need to be concerned about the frontage on that major arterial, even more so now that we know there is an industrial park going in. He doesn't like his farm being split either. Neither does Craig Smith. He recognizes that it is inevitable. He feels it is very important that we continue to consider to include in the Impact Zone, frontage on that major arterial. Mr. Sakota stressed that this is still small town and he is giving you his word that they are not going to do any thing and if they do they are going to stay in compliance with what the City wants. This is his mothers home. v . Jeff asked what Doug would lose by putting it in. Doug said that as the letter reads they would like to see a fair and consistent ruling. There are properties that are adjacent to the city limits that aren't included. You are not being fair and consistent and that looks like discrimination to me and I want to point that out. Marsha asked if the County had an ordinance going in that protects arterial roads? Jerry said it is tied to a sub-division ordinance. Richard said it addresses it for sub-divisions but it does not address anywhere like this outside of sub-divisions. Steve Zollinger told the board that 60 acres of land on this road just outside of the Impact Zone has been sold for residential. That traffic will have an effect on this arterial. MaryAnn stated that if we are going to drop some people out that we can't say no to the Sakotas. She feels strongly that we should never have let anyone drop out, especially on Cemetery Road. Richard agreed with MaryAnn. More of the property on Cemetery Road should have been included in the Impact. He does see a difference in this property and the Cemetery Road property simply because of the arterial. Davawn asked if the County would protect the arterial? Richard said the ordinance they are working on right now does not have the kind of protection you are looking at. They cannot give the type of protection that we had envisioned. It has to happen through a county plan and that is going to take 2 years. Marlin Hill, county commissioner, said they agreed to comply with the statue but it will be a very limited restrictive ordinance. We don't see the necessity of the restrictions that the city wants to impose. We have turned it over to the planning committee to come up with some proposals that we will be willing to look at. If you are looking at the kind of restrictions that the City is trying to impose it won't happen unless you get some other commissioners. Also, on your proposed ordinance, you are proposing that the City retain jurisdiction of the Impact Zone and the commissioners are opposed to that. Jerry said American Potato did call him about submitting a letter stating that they want all of their property included in the Impact Area. (verbal statement by Larry McKenna) Doug Sakota said with 1/2 of his property in the City and 1/2 out he would have to go to 2 different groups if he wants to do anything. John told him as long as his property is zoned agricultural we do not get involved. Doug stressed that the board be fair and consistent. The reason Cemetery Road is out is not because the people requested it but because the County Commissioners wanted that. Jerry motioned to exclude the Sakota property. No second. Motion failed. After more discussion, Steve Zollinger was asked to talk to the people in the Cemetery Road area about coming into the Impact Zone and to report to the P & Z at the June 9th meeting. Bill Klingler - he requested that we be more specific by what we mean by the grandfather clause. J.D. will write a statement about what is a pre-existing use and explain throughly the grandfather clause. Mr. Klingler also felt that 150' minimum frontage was too high. He wanted 132'. After some discussion it was decided to leave the frontage at 150'. We need to make it clearer about livestock in rural residential zone. (1 - 5 acres.) Don Donahoo made the point that arterials need to be clearly defined - and protected. They are not on the Impact Zone Map. The board decided the arterials arse - Salem Road - The old highway going South out of town. - Pole Line Road (Farm to Market) - Mi1lHollow (Farm to Market) - Old highway to Sugar - Hibbard Road - Highway 33 - Moody Road East of Railroad (Farm to Market) Some discussion of why the other side of Pole Line Road is not in the Impact Zone. Meeting adjourn. • IMPACT ZONE SUMMARY 1. Shiro Fugimoto - His property West of the old Highway will be zoned Agricultural. 2. Woodmansee - Will zone his property HBD. 3. Rammell Property - (Property by Widdison Addition and Rexburg Heights} Leave all property zoned Rural Residential as shown. 4. Ray & Keith Walker - Will zone property Agricultural 1 as shown on their submitted map. 5. Doug Sakota - Requested their property be excluded. Item tabled. 6. Klingler - Need to more clearly define the grandfather clause. J.D. will write a statement about it. 7. Klingler - Felt 150' minimum frontage too wide. Board stayed with 150'. 8. Klingler - Need to make it clearer about livestock in Rural Residential Zone (1-5 acres.} 9. Dan Donahoo - Arterials need to be clearly defined and protected. • NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be conducted on Wednesday, May 4, 1994, at 7:00 p.m., before the Rexburg City Council and Madison County Commissioners at the Rexburg City Hall, 12 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 12th day of April, 1994. to" Rexburg City ler] i Madis:" County Clerk NOTICE OF PUBLIC HEARING -1-