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HomeMy WebLinkAboutP&Z MINUTES JANUARY 05, 1995-, DATE: (010595) Planning & Zoning Impact Zone Public Hearing 1/5/95 7:00 P. M. Present Were: Planning & Zoning - Chairman John Millar, Members: Richard Smith, Eric Erickson, Jim Long, Jeff Walters, Brad Archibald, Mary Ann Mounts, John Watson. Mayor and Council: Mayor Nile L Boyle, Kay Beck, Jim Flamm, Bruce Sutherland, Nyle Fullmer, Farrell Young, Also City Clerk Rose Bagley, City Attorney J. D. Hancock and Steve Zollinger. County: Dell Barney, Marlin Hill, Dave Rasmussen, Jerry Jeppesen, and Brook Passey. Also County Clerk Beth Reese. RE: PUBLIC HEARING FOR IMPACT ZONE BEFORE PLANNING & ZONING TOPIC: (300,129,,,IMPACT ZONE) John Millar called the meeting to order and gave an introduction and turned the meeting over to Richard Smith, a member of the board from the Impact Area. Richard smith conducted the meeting. He gave a brief history that the board had gone through in developing this Impact Zone. We started three years ago. The County Planning Committee is now in place and are moving toward the development of a Comprehensive Plan, but that is not the purpose of this Hearing. The purpose of this Hearing is to discuss what is going in the Impact Zone. The Idaho Code provided that no later than January 1, 1995 every city in the state would develope an Impact Zone and Map. They also provided that no later than January 1, 1995, ordinances and plans would be developed and implemented to take effect in the Impact Zone. Following that mandate the Planning and Zoning Commission as directed by the City Council and County Commissioners went forward and did two things (1) developed a map as proposed area of city impact and, (2) have developed a proposed ordinance that will apply in the area of city impact. Everyone in this room that has been involved with this process, will admit there has been hundreds of hours of time and effort put into this by the Planning & Zoning Commission, the County Commissioners and the City Council. There has been a lot of work gone into it and it has not just been closed door work, we have sought input from everyone in the Impact Zone. We tried to address the issues and come up with a plan, a map and ordinance that is responsive to what the area around the city of Rexburg needs. In every instance the Planning & Zoning have tried to maintain the existing uses in the zones we have developed. He listed the zones. Members of the Planning & Zoning Commission went through county maps and overheads and tried to determine what the existing uses were. It has been a constant process, we have been directed by the City Council as well as the County commissioners that we would be receptive the the needs of the people in the Impact Zone. . We have sought input and given notice in the mail to all the residents in the Impact Zone, which we are not required to do by law. We will review everything that is said tonight and act and be responsive to your comments. This hearing will last until 8:30 P. M. He asked that the people in the Impact Zone be allowed to testify first. If you don't get a chance to testify, we are going to accept written comment for a two week period. On January 25 at 7:00 P. M. there will be another hearing at the Madison County Library regarding this issue. If you have any questions about your particular piece of property and feel it does not necessarily need to be brought up at this hearing, feel free to contact any member on the Planning & Zoning Commission to answer questions about specific parcels of property, to try to work out any concerns you have existing status. Richard explained the zoning on the Impact Map. Jack Jeppesen-787 East 2000 North- I want all of my property in or out. Ken Sakota- P. O. Box 334- My family have owned the property on North Salem Highway for 70 years. I own property there as well as several relatives. If I want to move back or my brother or a relative wants to move back, can we build a home on our own land. It is being zoned Ag 1. Richard said the ordinance is self explanatory and there are restrictions addressed in the ordinance, depending if you build on a one acre or five acre parcel of property or larger. Between one acre and five acres is R.R. Ken said he just wanted to come back and build a home. Richard told him he would certainly be allowed to build. Gary Taylor-Intermountain Farmers- box 347- Rexburg, Idaho- As it is • outlined in the zoning right now, it puts us in Light Industrial. He asked if the definition in the city zoning ordinance will still hold? Richard told him it would. Their concern is, they plan on being in business for a long time and hope to expand. Any expansion for the future would have to move into the Agriculture Zone. Would that be possible and how difficult would that be? Would that be a restrictive type thing or will that agriculture land adjacent to them be zoned as possibly Residential so we can't expand? Where we sell fertilizer and chemicals, people get alarmed when they hear the word chemicals. If it is going to be a situation like Bryant Wright out in Hibbard area, where he had a dairy and had residential homes built around him and all of a sudden he was the bad guy. How restrict will it be and what is the potential for the future? John Millar explained as is in any change of use in a zone, it would require a Zone change with a public hearing. Expansion of an existing business, unless you are looking at something drastically different, Mr Taylor asked, with this being in the city Impact Area will that change the taxes and will there be city taxes. Richard told him they would be assessed county taxes. When the county has their zoning in place, how will that affect this Impact Zoning? Richard told him once you are in the area of Impact, the city Zoning will apply, County zoning will not apply. He asked about law enforcement jurisdiction? It is still county and they will have law enforcement jurisdiction until and when it is annexed. They agree with the zoning, but don't want to set in one spot and not expand. They don't want neighbors to come in and say they don't want them in that area, when they have been ,; r, t -t` there for 30 years. Because of the environmental concerns, they are looking at a large amount of money to be spent in order to .comply with the environmental laws. We spent a quarter of a million dollars to comply and would not want to have to move. Jim Long- If I were a developer and bought that piece of agricultural property with the intention of future development, 2 would have to get a zone change to develope it. Planning & Zoning would look at it as a piece of property abutting Industrial Use and we would have to look very seriously whether we would let a developer zone it in as Residential Use, where it was agricultural use. If someone does buy it to develope it, it is not a sure thing that he will be zoned for that. Marilyn Fife, representing Frank Jacobs, 1652 West 1000 South- Where is the Sugar City Impact Zone to the Rexburg Impact Zone? Richard explained. Initially the property owned by Frank Jacobs was not included in the Rexburg Impact Zone, pursuant to Frank's request and the meetings we had with Mayor Burton, we have included it in Rexburg's Impact Zone. Marilyn said, Frank wanted to be on record that he wanted to be in the Rexburg Impact Zone. Farrell Davidson- On Agricultural 1, if you want it changed, how much trouble will it be to change it? John Millar- it will be a zone change, depending on the area around it going from Agricultural to Residential, it would not be a problem. Brett Jeppesen- 1437 North 1000 East- He had talked back and forth with Jerry Jeppesen and if they are in the Impact Zone he would like it 100 feet across the road to the east. (showing on the map) He wanted 100 feet to control access on that road. We don't feel it would benefit us, but are not against it. They would want it A2 for their cattle. They would be no problem if you include the property across the road. Yolanda Davenport- 770 North Highway 33- They live in the purple area which is not residential, but they are residential and will remain as such through a grandfather clause. It is by the Teton Drive Inn Theatre, which has been sold to man from California who plans to put in a salvage wrecking yard. They are concerned of how it would affect anyone living next door to that. Is that area going to be zoned in a manner that would not allow that? Richard said he would have to check the zoning ordinance, but as he understood it salvage wrecking yards would not qualify in H.B.D. They would like to say they are in favor of the zoning law in order to protect them from this type of business going in next door. They feel it would devalue their property and also the businesses there or any other new business that would like to establish there. This would affect all of Rexburg. Bruce Sutherland- There might be a problem if they have already purchased the property with that intent and it is not yet in the Impact Zone. There are no zoning laws in effect now and it would be difficult to prevent him from doing that. Richard said that is a valid point. They would need to consult legal council. Richard stated that it is proposed that following the two public hearings and review of the testimony, the city council and county commission will act on the proposal we have made and the ordinance. David Fenton- 1471 South 1000 West- In the future he has made some plans for his property. He has a small piece of property on South 5th West. It is in Ag 1. If for some reason he decided to subdivide his pasture, would it take a zone change to do that? Richard told him it would require a zone change. David asked if it would be very difficult? Richard told him it would not be very difficult, because the area around that property is residential. John Millar told him that area would probably go to a residential zone. Rich Andrus- Were these definitions put together from scratch or was it from ordinances from elsewhere across the state? Richard- this was a product from this committee, 100. Rich asked if they could explain the definitions? Richard told him the difference in Ag 1 and Ag 2 is the animal density. Rich- As he reads it the major purpose for agriculture designation is so the city would have control over agriculture businesses being developed on that land? Richard- the reason for the agriculture zoning was to protect nor, agriculture encroaching uses in the Ag zone. It was more in protection for agriculture practices than city practices. Agricultural business are not allowed in Ag Zones, there must be a zone change to H.B.D. Rural Residential was developed to contemplate residential living on parcels between one and five acres. It recognized the desire of residents to have some animals on their parcel and would require no curb or gutter in that zone. Richard told him we reviewed other ordinance, but it was the decision of this Commission, the County Commissioner and Council that we come up with a definition that was agreed on by everyone. It is not copied from another ordinance. John Millar told them the ones we looked at without exception were more restrictive than this one. George Steiner- 1351 South 1000 West- What are you going to do with me where I am already established with more than ten cows. Jerry told him that was established in the computer. record. He has a pre existing use. Richard- That was a very controversial problem we dealt with in the last three years. Anyone with livestock in Ag 1 zone has the opportunity to come in and have that number of livestock indexed with the city and they are going be allowed to continue with the use of that livestock even if they discontinue it for no longer than five years. There .will be abandonment after five years. Marilyn Fife- What if they were to sell that land, could the buyer continue the use? If it is indexed they will be able to continue the use on a proportional basis as to how much property they sell off. Jack Jeppesen asked if they could bring in 75 cows in the fall and pasture the ground off for a short time? Richard stated that would need to be indexed. Jerry told him if there are any questions contact them and they would index the animals. << r~ I ~_ . Richard Andrus asked about the County Zoning Ordinance. Richard and De11 Barney explained. De11 told him they tried to study everything they could find, but they want a plan put together by Madison County people for Madison County needs., We don't want something from another area, but we can glean information from another area. If that information fits our situation we will use it, if it does not fit our situation we won't use it. Whenever there is a zone change it gives opportunity for anybody that might be affected by that zone change to have comment. Jerry Jeppesen- The county have gathered a lot of information and in the process of going to a public informational hearing with that information where you will be allowed to come in an review the information and give comment on that. This will be in March. Dave Rasmussen- The. County Planning Committee have worked on a Comprehensive Plan not Zoning. Doug Sakota- Is the Salem Highway managed by the County or the State? He was told it was managed by the County. He asked if there are any plans to improve that road? John Millar told him we are looking at long term plans. As the road is developed, we are trying to acquire more right-a-way. Doug asked about the people living in the Impact Zone if there were any plans for utilities. Richard- It is his understanding that the city's position on extending sewer and water, the property must be annexed. Mayor Boyle- The council voted that way, but we will have some problems because the city owns some property for the "Business Park" that the water and sewer will be extended to, but it is not in the city limits. We will have to extend water and sewer to our own property as part of the deal to sell those lots. We either will annex that property into the city or the council will have to take a look at extending water and sewer outside the city limits. Doug asked if there would be a possibility of receiving services if you were not in the city? The mayor told him we do have some areas now that are receiving the city services that are not in the city. They are charged 130 of the cost because they don't pay city taxes. Wayne Erikson- 1786 West Main- If it is in Ag 1 right now and we wanted to make it commercial, does that mean it would require a zone change? Richard told him it would require a zone change. Wayne asked what determined if you call it Residential or Agricultural or H.B.D. Richard told him we went with existing uses. He explained that the new motel had just been built across from their property and possibly in the future it would be ideal ground for a business. Richard told him they looked at existing uses and have been responsive as to how people wanted it zoned. If you want it changed tell us tonight. It won't affect the taxes. Lora Linhart- Sunnyside Drive- If we are in the Impact Zone, do we have • any of the benefits of the city? Richard told her no. j °' ~ Richard stated that if there was no more input we will close the hearing. He explained what we are doing here has been mandated by law. There are a lot of people who don't like it and a lot of people who do like it. It has always been the position of the City Council, Planning & Zoning and County Commissioners that if we are mandated to do it by law, then we should go ahead and do it. We need to be responsive to ourselves and needs and not have someone come in and tell us. These are not the common definitions you will find in any Impact Zone through the State. They are a product of what Madison County needs and wants are. They are very nonrestrictive. He told the group that we have appreciated your comments. Ann Stegelmier- Asked about H.B.D. Zoning. John Millar read from the ordinance the definition. Richard explained. She asked what if they move backward on their property with their business? Whatever you have now is grandfathered. She was told if you move within you property, you are okay but if you move out of the property it will require a Zone Change unless you own the property. You are allowed a 15~ increase within your property. A question about which are the Main Arterials and Collecters? Richard explained. ,john Millar told everyone if they want to request a significant change please submit it in writing within two weeks and give it to the City Clerk, or contact anyone of this board or county commissioners. Richard Smith closed the hearing. • IS" NOTICE OF PUBLIC HEARING lF NOTICE IS HEREBY GIVEN that a public hearing will be conducted on Thursday, January 5, 1995, at 7:00 P.M., before the Rexburg City Planning and Zoning Commission 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 Rexburg City Clerk's office. All interested persons are invited to attend and offer comment or testimony. DATED this 5th day of December, 1994. Rexburg City Clerk NOTICE OF PUBLIC HEARING Publish 12/15/94, 1/3/95