HomeMy WebLinkAboutP&Z MINUTES JANUARY 25, 1995~¢4
DATE: (012595) •
Impact Zone Public Hearing
01/25/95
7:00 P. M.
AT Library
Present were: Planning & Zoning- Chairman: John Millar, Members:
Richard Smith, John Watson, Davawn Beattie, Mary Ann Mounts, Jim Long,
Jeff Walters, Marsha Bjornn, Eric Erickson, Brad Archibald.
Mayor and City Council: Mayor: Nile Boyle, Councilman: Kay Beck,
Farrell Young, Glen Pond, and Nyle Fullmer, City Clerk: Rose Bagley,
Engineer: Joe Laird, Building Official: Blair Manwaring, Attorney:
Steve Zollinger.
Madison County: County Commissioners: Brooke Passey, Jerry Jeppesen,
Marlin Hill, County Clerk: Beth Reese, Madison County Planning
Chairman: Glen Walker
RE: PUBLIC HEARING FOR IMPACT ZONE BEFORE THE CITY COUNCIL AND COUNTY
COMMISSIONERS)
TOPIC: (300,148,,,IMPACT ZONE,PUBLIC HEARINGS)
Jerry Jeppesen, County Commissioner, welcomed everyone and introduced
the County Commissioners and Mayor and City Council.
Richard Smith conducted the meeting. He gave a short history of why we •
are here and what has been done so far. He showed the proposed map that
shows the Impact Zone area. A copy of the proposed ordinance that will
be implemented and affect the colored area on the map has been handed
out tonight. The proposed ordinance is to be a new chapter 10 to the
Rexburg City Zoning Ordinance. It does contain provisions regarding
zoning and uses in the colored area on the map.
He explained this process has gone on for three years and all along the
County Commissioners and City Council have been involved with it.
Hundreds of hours have been put in by the people on the Planning &
Zoning Committee, County Commissioners and City Council trying to
determine what the desires are of the people of this community, City of
Rexburg, Madison County and especially-those who reside within the
Impact Zone. He explained the different colors on the map. In every
instance the County Commissioners and City Council have tried to
protect existing .uses and at the same time try to have forward vision
as how the City of Rexburg is going to grow and how all the uses will
impact the City of Rexburq for the next twenty years. That is the
approach that was taken in preparing the Impact Zone. We have done our
very best in trying to educate the people in the county, those in the
City of Rexburg, as well as those residing in the Impact Zone as to
what we are doing. We have had four public hearings to date and one as
a public information meeting, where we invited everyone to come and get
their questions answered regarding the plans and actions that were
proposed. The product before the group tonight is not just the idea of
the Planning & Zoning Commission, or the City Council or the County
Commission. It is a product of all the people who expressed any sort of
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an interest. We have listened to the comments and made revisions for
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everyone who has come in.
He then turned the time over to the public. He stated that we would
try to hold the hearing to no longer than 1 1/2 hours. If you don't
have an opportunity to speak tonight or desire not to speak and want to
give testimony, we invite you to give written testimony within the next
two weeks. Provide that to Rose at the City Hall or Beth Reese at the
Courthouse. He asked anyone that wanted to testify to come forward and
sign in with their name and address. He asked that those in the Impact
Zone be allowed to testify first and if time permits those people who
live outside of the Impact Zone are invited to testify. He asked them
to limit their comments to five minutes.
Ann Steglmeir- When you look at the map and see where Rexburg is, you
know that we are going to continue to grow. What steps would a person
have to go through to change their property from one zone to another or
if she wanted to put in a subdivision? Richard told her if you want to
change one zone to another you would need to made application for a
zone change to the Rexburg Planning & Zoning Committee, who has been
authorized by the county and the city to administer the Impact Zone.
The application for a zone change would come before the Planning & Zone
Commission and they would act upon your request and if it was approved
by the Planning & Zoning Commission, a public hearing would follow.
Then it would be granted or not. Notices have to be printed in the
~~ ~ newspaper two weeks prior to the hearing. It takes about one month.
Ray Walker asked about horses on his property. Richard explained, if
you have an existing use (animals) you will be allowed to continue
until you abandon an existing use, then if you violate the terms of the
ordinance and have excessive amount of animals in Rural Residential,
there are a number of options available to you. You could come in for
a variance or a zone change or a number of things.
Rod Anderson- 1323 West 1000 South- I live across from the Middle
School, which is the worst example for city planning I have ever seen.
There is bad flow of traffic and it is a bad location. He asked how
many wanted more laws, bigger government and more government control of
their lives? (reading from prepared statement, attached)
In the front of the tabernacle is a plaque with a lot of the founding
fathers. One man's name is James M. Cook, who was his grandfather. He
did not believe that the founding fathers, when they came into the
city, expected that the citizens of the city and county would be told
what to do with their property. There is always problems with life,
less we object ourselves to tyranny and subject ourselves to be told
what to do with our property no matter how good the intentions.
Gary Jeppesen- Sugar City - He stated he agreed with a lot of the
things Mr Anderson had to say. I am sure we can think of many examples
where Planning & Zoning has gone over board and controlled property
rights too much. We need to get involved in the process and make sure
', ~ that doesn't happen here. Planning & Zoning has been held
Constitutional by the Supreme Court many times. My brothers and I are
one of the major land holders in the area of city impact. We have
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lY reviewed the papers and have requested that we be included in the area
of impact. We feel good about what has been done. I hope it stays
this way and doesn't grow too much bigger. The main reason he is here
is to address the problem with the Sugar City area of City Impact and
asked if the Rexburg members of the committee are aware that they have
overlapped part of the area that Sugar has proposed for their area of
impact. Richard said we do know that we have done that. Gary
explained about a year ago they proposed that the northern north part
of the Moody Road (2000 North) be included in the Sugar City Impact
Zone. That area is about 1 1/2 miles from Rexburg and about a little
over 1/2 mile from Sugar. Because of the prevailing winds any
development in that area could possibly have a negative impact on the
citizens of Sugar City. We have discussed this in our meetings and
propose that a statement be included in Rexburg's ordinance to provide
for the situation if we are to withdraw that area from the Sugar City
area of Impact and go into Rexburg's. We recognize that area will
probably be annexed into Rexburg because the natural traffic flow goes
over to Rexburg. He read a statement to be included in the ordinance.
(copy attached) This would be so Sugar would have some input.
Glen Walker- He wanted to voice his opinion. Awhile back he got
involved with the county over a garbage transfer station that he didn't
agree with. The statement was made "it is who you know" but it is how
you get involved. The reason he got involved is because he did not
like what was going on. It has nothing to do with who he knows or
anything of that nature. I would like to invite everyone that is here
that feels the way he did to get involved with it, If you don't like
it lets get things changed. We have to recognize rights. Now we do not
have any rules and regulations for someone coming in from out of state
that doesn't have a care in the world for you or me. They are a big
business and have an attitude of who cares. Lets put a pig farm next
to your house. There isn't a thing we can do now to stop it. Rod
Anderson stated he could sue and not have the tax payers sue and pay
for it. (Rod argued you still have to fight a pig farm even if you
have Planning & Zoning) Glen said he respected everything that had
been said, but he believed that we do need to have somekind of
organized planning. If it encompasses everyone in the county to voice
their opinion to get it, then that is what we should do, instead of a
few people here and there making these bold statements and trying to
put it together. His goal is to set as a mediator only. He respects
everyone's input and will try to put it together as a group of people
that are pulled out of the community. It isn't who you know and who
you are. He does not know the people on this board, he had never met
them before in his life. This is the first meeting he had had with
them and he had learned to appreciate them and what they are all
about. Their objective is the same thing, trying to to better the
community. He is also a property owner the Impact Zone and feel they
are able to live within the the rules and feel it is a good idea.
Deloy Ward- I will give an example of what we are involved in. In
Perry, Utah, there are two new homes that are completed. They are
t about $160,000 to $180,000 homes. One is my daughters and one is the
neighbors. They have a thing called Greenbelt. They started the same
old thing, they put an Impact in the City. The guys with orchards want
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`'~ to give their children one Iot. They passed an ordinance which says,
"You are a major developer, if you sell one lot". The property is
right next to Maddox Drive Inn. After the homes were built the city
tells us we either have a road and blacktop it, or we get a stop order
on the homes. Every farmer in the whole area, feel it is a disaster
area because they can't let their children come in and build one home.
There is another group that bought out an orchard and tore out trees
for houses, and they can. charge $25,000 to $30,000 for a lot. The
farmers can farm but they can't give a child a lot to built on. We
have no guaranty what will happen here twenty years ahead. He would
like one of the people on the Planning Board to guaranty this won't
happen to us. He asked everyone to go down to Perry City and ask about
it. They had put several thousand dollars up for a bond but they can't
occupy their homes. This is an example of what I am saying. Are we
going to follow the people of Utah. This is something we need to know
where we are headed without the blinders on our eyes. I don't
understand, I have had my cows there for several years, I have them
shipped to Blackfoot right now. I have 6 1/2 acres, so I guess I can
keep 13 cows. He questioned Open Space? If I want to sell a lot, I
can't sell a lot on 5th West. I can put only 13 cows on my property, I
can't sell any lots and I can't work with the College, I don't
understand. He asked the Legislators if they mandated the Impact Zone
Law. They told him they only asked for a plan. Most of the rural
people are against the Impact Zone. The people in the city are for
it. We are using a dictatorship. They don't want to be forced to do
• it they want to be brought in and asked. Why didn't one of you come
out and talk to us one on one~and ask us what we want? What does it
take? Twelve people are in here telling us what we can do. We don't
need twelve dictatorial people telling us what to do. Why can't we do
something that gives a little bit more leadway, that gives us as
citizens some control? Referring back to the situation in Utah. You
are taking the value from an individual. If you take that value from
us, there will be action in the Supreme Court and the city can't afford
that. If anyone is in Perry City, I will be glad to go over with you
so you can see what is happening. The dictatorial thing in Utah has got
out of control.
Ruth Smith- Millhollow Road- She lives on the edge of the city limits.
I have a piece of property that will eventually be used for development
purposes. She is concerned about "C4" in the ordinance access to
streets. (reading) She was concerned if she would have to have a
frontage road because Millhollow is an arterial or collector road?
There could be about eight houses built on Millhollow road. There are
houses across the street from her that go directly onto Millhollow
road.
Mayor Boyle- If you have more than three lots you will have to bring in
a plat and you will not be allowed to have all of the homes come onto
Millhollow. You can build a frontage road to come onto Millhollow.
Ruth stated that there are homes all up and down Millhollow and why
should she be penalized? If she builds a frontage road it will have to
come onto Millhollow. The mayor said she could probably have one
frontage road coming onto Millhollow.
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Ruth said they had owned that property for years and years. She was •
not sure we need zoning. It is difficult to have twelve people who
don't know who we are, tell me what I can do with my property. They
don't know who I am or where I live, but they are telling me what I can
do with my property. Is there anyway the public can vote on this Impact
Zone? Richard told her this is what the public hearings are for, they
do not vote on it. Ruth said she guessed we were so use to having our
own way, that we didn't like it for these twelve people telling us what
to do.
Roger Muir- The main reason I came is there was some. changes done on
the property I own and my parents own and the ground T run, and I think
those changes have been done. Two years ago I got involved in this
process because of one of these meetings on the City Impact Zone. I
was completely against City Impact Zoning of any of our property. I
came to the meetings and voiced my opinion. Over the process I got
involved with the county planning and I think my eyes have been
opened. I think there is a need for planning. If everyone could live
together and go on together, maybe there might not be. There is always
going to be a screw loose somewhere that will raise a conflict by
someone saying I want to do my own thing. In doing his own thing, he
is probably hurting five others. I feel we need some protection. I
think we need some planning in the county and the area of City Impact.
They had a conversation with Mayor Burton and he wanted him to know
about some ground that he owns and runs, that he feels he is acquainted
~ with Rexburg's Impact Area zone and this is where he would like his
ground to go is in the Rexburg Area. He has a hard time with people in
the city telling people in the county what to do. He feels we have a
good panel set up with equal representation with the city people. If
you have problems, this process has been going on for three years and
they are always open for input and they have answered his questions
adequately and he is in favor of the things we are doing.
Dell Barney- They have been working on this for a long time and he has
been in on it from the start. He was not in favor of it when we
started and he wanted everyone's questions answered from the start.
There is no one here that would be more impacted than he is, because of
his location which is small and he has 600 head of animals on his
property. To drive by you would never know there is that many animals
there unless you stop and take a look. The city limits is right next
to him now. They built a church house right across the street from
him. Eventually he can see his place doomed as a dairy and it isn't
going to be Planning & Zoning that does it. It is going to be people
moving in around him, but with the planning he feels he has some
protection. When the time comes when it is not a dairy, it is his
decision not people moving in around him. I do have the protection of
the grandfather clause and do have some protection in the way the
ordinance is written so when that time comes it is my decision and not
someone else. I feel good about what we have done so far. We have
worked hard on it for a long time. I feel that these people need some
appreciation for what they have done. They have put a lot of hard work
into it with a lot of late nights with a lot of time involved. They •
have listened to all comments and tried to address all the comments and
concerns. The one thing he had stood for when they started with the
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~~ first hearing, he made some calls aIi around to tell people to get
involved. It has been the goal from day one to address everyone's
concerns. I hope we have that done and everyone here that has a
concern, will address it now.
Ray Walker- At the last meeting he asked Richard and the committee to
change a few things and they did it and he was happy with what they
did. He was concerned, they have ground east of Rexburg they have
developed and have a plat on it. It is by the 7th District Health.
The plat is there and has been recorded, but not too long ago the mayor
and city engineer came out and said they had decided to run a road from
the canal by Dell Barney's that goes across the road and go straight
down between Amdahl and Val Growers. There is already a plat for that
and the city signed the plat. The mayor stated that they didn't say
they decided that. They looked at it and felt that would be a wise
thing to do. Ray said he had it that way at one time and the city
pulled it out. The ground has been platted. Is that going to happen
to us out in the Impact Zone? Will you have an engineer coming in and
trying to change things? The plat has already been recorded with the
city and county. The mayor said if it is changed, it will go to public
hearing. Ray said after the ground is platted, and they come and tell
me that, it upset me. The mayor told him for traffic flow it would be
much better. Ray asked how they classified arterial roads and
collectors? Richard and John explained. Ray said they have houses all
along Barney Dairy road and it was just a farm trail when his dad had
,. it. Richard told him that is one road we need to protect.
Ann Steglmeir- They have property in the Impact Zone. I am not for
government telling me what to do with my property and not for someone
telling me I can't build a garage or do something else with my
property. The thing the government is trying to do here is to try to
protect us. We bought some property in 1966 and built a clinic and
tried to keep it looking nice and presentable. If someone comes next
to them and buys some property and puts a pig farm on it, their clinic
will decrease in value at lease one half or more. This is what these
people are trying to do for us. They are trying to help us so that our
property is going to be stable and stable in value. I am sure these
people are going to try to work so we can not run into the problems
-that Deloy has seen down at Perry. I feel that we need to do some in
depth look as to if we need some help to protect our property and to
protect the property value and safety. If a big industry comes in from
California, they don't care about us or what happens to us as long as
they get what they want. We are doing this to protect ourselves and
doing this to help us live a better life and safer. I feel we need
this assistance. I don't have the money to go out and hire a big
lawyer and do a class action suit because someone is going to put a pig
farm right next to my clinic. This is why I feel it is important to
have some protection. I feel good to have this protection.
Doug Sakota- I own some property on the Salem Road. If I build a house
on my own property and my brother wants to build a house on his
',~ property, do we have to put a frontage road in? Do we have to go
through all the zoning changes and procedures for my own property.
Richard- (1) if you wanted to build a home on a protected road, (2)
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where you wanted to build the homes, (3) in fact if you are subdividing
lots in less than five acre lots, that is what triggers subdividing.
Doug wanted it for the record so he would know if he could build on his
own land? Richard told him he may have to build a frontage road. Doug
said he was opposed to the zoning impact for that reason and wanted to
go on record.
Jack Jeppesen- He lives on the Moody Road. He understood that road was
not a protected road, is that correct? Richard told him Moody Road is
a protected road, He asked about the road on the East end of it? It is
not a protected road. Mr Jeppesen ask if he could put a road over
there? He now has two roads that come onto the Moody road now.
Richard told him those would be legal. He asked about coming out onto
Highway 33 on the West? He was told he would need to check with the
state on that road. Jack asked if he wanted to develop the land, then
would he have to use the land off his property and pay for a road to be
paved along side the Moody Road? John Millar explained. Why couldn't
his property come under Blue to Rural Residential. Jerry Jeppesen
questioned him to make sure that is what he wanted to do. Jack said he
wanted the zone changed on hie property to Rural Residential.
Lee Johnson- He owns property in the Impact Zone. He didn't know if
Jack would be helped by changing his zone. Is it easier to develop
lots on Rural Residential than Ag Zone. In Idaho Falls there was a law
suit with a Feed Lot. Dell Barney said it might be his decision in 15
years to change his property to a developed area. If he has to spend
half million dollars to defend himself in a right to farm suit, he
won't have as much control as he thinks he does.
David Taylor- He thought the people that worked on the Impact Zone from
Planning & Zoning, should be commended. It is a forward thing to do.
You look at your utilities, water and sewer, power lines, arterials and
road. You don't want everyone facing a road backing out onto an
arterial. He addressed Doug Sakota's concern about building homes and
backing out on the Salem Highway, instead of being opposed to it you
need to be in favor of it. Several houses or an apartment house all
backing out on the road would cause a problem, but one house on five
acres it would protect you. Planning & Zoning would have protected the
Skaar Feed Lot. He stated that they have some property out on the
South Highway where the Dealership is and Planning & Zoning would have
been helpful. They got water out there but didn't get sewer. They are
now having problems with discharge. If we would have had this all
layed out in advance it would have been nice rather than having to cut
holes in the highway to put a sewer line in right now. He has an
estimate to go on city sewer of $35,000, but it will be worth it. You
need to realize there will be growth and there needs to be some
planning. If we are not anticipating what is going to happen and do it
in an intelligent way, you will have growth uncontrolled.
Testimony from those outside of Impact Zone.
Randall Foster-72$ South 5th West- His house doesn't meet the criteria •
for Rural Residential for minimum width. We will go with the
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1 • grandfather clause on it. How does the grandfather clause work? Does
Ray Walker have someone go count his horses or does he have to come in
and tell someone how many he has? City regulations say, you can't park
a camp trailer in front of your house. That is the only place he has
to park his camp trailer. How does the grandfather clause work?
Richard explained, they are pre-existing uses. They are nothing more
than they are uses that will be allowed to continue in a zone even
though they don't conform with the zoning because they existed prior to
the time of the ordinance. That means anything you were doing prior to
the time we passed the ordinance neither the city or the county have
the legal right to come and force you to comply with the ordinance. He
asked if he has to come to the city and prove that he had a camp
trailer parked when the ordinance was passed? Mayor Boyle told him he
would not have to worry about it unless he was annexed. Richard told
him that Rural Residential parking requirements do not apply. Randall
asked what about people with animals? People in Ag 1 and Ag 2, animals
would be grandfathered. Camp Trailers don't apply in any of the new
zones if you are proving a pre-existing use. The only way you would
need to prove that is if someone complained. The building official
would administer the Impact Zone and if you were questioned about those
uses, you would provide information that it was existing prior to the
ordinance. Pre-existing use will continue to other owners if not
abandoned.
Lee Johnson asked questions about annexation.
~ • Deloy Ward- With the cattle. He took his cattle to Blackfoot and don't
have them there this winter, does that mean that they are not
grandfathered in and I can only have 13 cows? Richard explained he was
in Rural Residential and if he abandoned that use for animals for five
years, he would loose the use. He-lives on South 5th West and asked if
he sells some lots does he have to have a frontage road? Richard told
him it is not an arterial at this time. John Millar told him he needs
to come in and get his animals indexed.
David Anderson- South of Rexburg- He asked the County Commissioners and
Planning & Zoning, have you been taking notes and listened to what the
people are trying to say? What they are trying to say they like having
control over their own lives. Even the ones that are in favor are
implying that they are in favor but would like to change it a little.
They have got sucked down and made think that is the only way they will
have control over their own lives. I don't think so. The issue he
noticed is the ones in favor of it wants little provisions and they
want to be exempt from some things. How are you going to make it
equal? Someone is going to get something and someone isn't. You can't
make it fair unless you just leave it alone. He talked to a County
Commissioner and he asked him what he thinks about planning. He has
nothing wrong with planning. Continue to plan so if you saw a house
being built and you know a sewer line would go through the front room,
you might tell him to move it over a few feet. It is the
implementation of the plan that is the problem. He thought you should
• have consultants, so people could come and find out where the sewer
line should go. You don't have to have all of this. Who better than
yourself knows what you want on your property. You are going to leave
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(~ it to a council of twelve to decide for you what you think you could •
do? How many of you have seen things in the government, that you think
you could have handled it better yourself? Like Deloy said all you
have to do is talk to your neighbor. If your neighbor is the problem
then there needs to be another second level up to settle the disputes.
I want my property rights as much as someone else and I am not going to
give up my property rights at the expense of someone else. I don't buy
off on zoning because I am afraid that if I accepted that I might get a
right but someone else might loose one. Public property is for public
opinion and public management. Private land is for the individual. I
see a problem, because somewhere along the line, someone is trying to
make public land out of private land. I leave a plea for those who are
in control to think it over. Right at the last minute you want to jump
right into it. You think you have done a lot of planning on it, but
have you. Are you ready to take private land and make it public land?
If you are relieve the tax burden too. Reading about Alta, Wyoming.
(papers attached)
Richard told the group the time was up and he would like to close the
meeting. Any written comment will be accepted for two weeks, give it
to Rose or Beth Reese.
He explained every member of the county commissioners, city council,
and planning & zoning do listen to these public comments. After the
last public hearing we went through all the comments and were
~ responsive to all the testimony we received and that is what will
happen here. Every bit of testimony will be reviewed before final •
adoption of the map or ordinance. As he stated at the first of the
hearing, there is a mandate whether we like it or not, that this Impact
Zone will be implemented and a map will be implemented by January 1,
1995. That is what we tried to move toward. We have been responsive
and will continue to be responsive to everyone's comments and
concerns. He thanked everyone for coming.
•
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be conducted on Wednesday,
January 25, 1995, at 7:00 P.M., before the Rexburg City Council and Madison County
Commissioners 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 5th day of December, 1994.
Rexburg City `C
le
4fLnc2
Madison County Clerk
NOTICE OF PUBLIC HEARING
Publish 1/5/95, 1/19/95