Loading...
HomeMy WebLinkAboutP&Z MINUTES FEBRUARY 08, 1995~~ • DATE: (020895) Planning & Zoning 2/8/95 7:00 P. M. Present: Chairman: John Millar Members: Richard Smith Marsha Bjornn Eric Erickson Brad Archibald Mary Ann Mounts Davawn Beattie Jim Long John Watson City Clerk: Rose Bagley Attorney: J. D. Hancock Engineer: Joe Laird City Councilman: Bruce Sutherland A motion was made by Mary Ann Mounts and seconded by Davawn Beattie to approve the minutes of 12/14/94. All Aye A motion was made by John Watson and seconded by Marsha Bjornn to approve the minutes of 1/5/95. All Aye ~ A motion was made by Davawn Beattie and seconded by Mary Ann Mounts to ~.• approve the minutes of 1/11/95. All Aye A motion was made by Richard Smith and seconded by Marsha Bjornn to approve the minutes of 1/15/95. All Aye RE: CHANGES MADE TO IMPACT ZONE TOPIC: (300,157,,,IMPACT ZONE) The first item on the agenda is to try to get our Impact Zone Ordinance to where we can recommend it to be approved by the city and county. We have had several changes to the map. 1. We had a request for the Muir property to be changed from Ag 1 to Ag 2. 2. The property owned by Squires north of Artco, Mr Squires called John and told him he would like it to go Industrial now rather than Ag 1. The only problem is there is a house sitting right on the Salem Highway. Do we want to zone the property with the house Rural Residential? Mr Squires called from Seattle. Bud Squires lives in the house. There is no problem in leaving it this way, because he will come in under a Grandfather Clause. It does put him as a non conforming use, and possibly might cause problems for refinance. Richard felt we should put the whole thing under Industrial. 3. Jack Jeppesen- Wants his property changed to Rural Residential. His property is south of the Moody Road. Frank Stevens has property next to it, he usually has five or six cows on his property. It • was felt it all should be Rural Residential. The minutes will show Frank Stevens has had cattle on that property. (check with Bart ~~U Stevens, Rose talked to Bart and he felt it was okay.) • 4. Erickson's- their property is on both sides of U.S. 20 they want it to be changed from Ag l to Highway Business District.. They are bordered on the East by Airport Road and on the West with Mother Hibbard's. There are two homes on the property. Rose stated she had talked to Leesa Frame owner of Kerbs Family Partnership property South across the Freeway and they wanted it recorded that they have some cattle on their property which is zoned H.B.D. Everything West of the Freeway will be zoned H.B.D. Richard said he put the Sugar City language in the ordinance. Brad stated he had a couple of people ask him about arterial roads. If they put houses in they will have a lot more burden to put a road in than if they go around the corner and go off a different road. You are putting more burden on people because they are on an Arterial road. They wondered why they would have to take on all the cost themselves. Richard stated the reason they are complaining is they want to take a county asset and utilize it for their own benefit. That is what caused the problem on Millhollow road, is because a developer came in and took the county asset and used it for his benefit. Brad stated that they are saying they will have to pay another $100,000 because of the road. John stated the county can say they are not going to allow anymore access to any county road except for access roads. Discussion on Ruth Smith's property. John stated that she will financially benefit from a development, why should the tax payers have to pay for it? A motion was made by Jim Long to accept this map as now changed. Seconded by Davawn Beattie. All Aye Eric- Is the Barney Dairy road adequate to cover the needs of the road. John told him it was Rural Residential. Does it protect that road? No. There is a drainage problem on the Barney Dairy Road. Richard asked what date we would give the map. February 15, because that is when the City Council will accept it. The board asked if we were ahead of the salvage yard? Rose told them they had been in talking about it but had not got a permit. If we adopt the ordinance next Monday and Wednesday and they have not formally submitted a plan and a permit prior to that time they can't get a permit. Joe said they had talked to him about putting some buildings on the yard for their junk car business. Joe asked how the board could not give them a change in zoning when there is Highway Commercial on both sides of them. Richard told him it would be light Industrial rather than Highway Commercial. John said there was one item at the Hearing, what roads have we designated as primary roads. Richard stated we need a separate ordinance, in the city and the county designating these primary roads. Joe said he had a hard time saying Millhollow would be a major arterial, he did not think there was enough left on the road that you ~~~ • could do anything with. John felt the same .about the Barney Dairy Road. Richard said he does not use Millhollow for his trucks, but all the fertilizer trucks go up and down that road. The board wondered what could be done. Richard went through the ordinance to make the changes. There are minor changes. Going through chapter 10. One change in Chapter 6. Bruce stated it had taken three years. He had watched a dramatic change of the whole county on zoning. This body can take the credit for it. Marsha stated that Jerry and Richard can take the most credit. RE: MOTION PASSED TO RECOMMEND IMPACT ZONE, CHAPTER 10 & CHANGES TO CHAPTER 6 TO THE CITY COUNCIL AND COUNTY COMMISSIONERS TOPIC: (300,159,,,IMPACT ZONE,CITY COUNCIL,COUNTY COMMISSIONERS) A motion was made by Richard Smith to recommend to the County Commissioners and City Council to adopt Chapter 10 of the Proposed Zoning Ordinance and adopt the amendments of Chapter 6 with the revisions stated tonight. Seconded by Jim Long. All Aye RE: WORK STARTED ON THE COMPREHENSIVE PLAN TOPIC: (300,159,,,COMPREHENSIVE PLAN,FUTURE ACQUISITION MAP,GREEN BELT) John stated that next we need to start working on the Comprehensive Plan. Richard state there is a provision in the Code that allows the city to develope what is called a "Future Acquisition Map". The Future Acquisition Map says that the Planning & Zoning can designate on a map of the Impact Zone where the roads are going to be, where the schools are going to be, where sidewalks are going to be, where green belts are going to be and set them up in the "Future Acquisition Map". It would be a Comprehensive Plan map. This says that before a property owner, that owns that ground, can sell it to someone else they have to give first option to the city to buy it for that reason. It would be filed for public record. Eric asked how it would be policed? Richard said it would show up on the chain of title. (discussion) The county could do it outside the Impact Zone. If the city cannot buy the property, then that piece of property is no longer in the "Future Acquisition Map" as a valid part of the future Acquisition. The city really needs to look at it, because it could be a cost that all of a sudden hits them. This statute is also available to a school district.. Eric said he was concerned about it. If someone wants to sell some property today, will he have to put it off until it comes before Planning & Zoning or the City Council or what ever and they act on it 30 days down the road and then they sign off on it. Richard said the statute speaks in terms of 60 days. Eric asked if they could fowl up a sale for 60 days? Richard told him yes. Eric felt that was not right. (discussion Richard explained) The city would have to meet the price that is offered. The Future Acquisition Map becomes a matter of record and gets in the chain of title of all the land. Jim asked about the Green Belt along the river? It could be on the Future Acquisition map unless an easement is granted for it. This is a concept that we are looking into. There will be Public Hearings and notices. In the last 20 years everyone has built homes and encroached where the city and county thought the roads were going to go. John Millar stated that if someone comes in and wants to build a house, there isn't much we can do, but if they want to put a subdivision in, we can require them to aline the streets up. Discussion 11th South. We need to redo our Comprehensive Plan. Discussion on letter received from Steve Hart (copy attached and given to City Council) Richard said someone needs to respond to this letter. RE: DISCUSSION OF RESOLUTION 95.01 - STANDARDS & SPECS FOR STREETS, WATER, SEWER, IN SUBDIVISIONS TOPIC: (300,160,,,RESOLUTION,SUBDIVISIONS,IMPACT ZONE,SIDEWALKS,WATER, SEWER,SUBDIVISION ORDINANCE) Resolution 95-1- Adopting standards and specifications for minimum Standard Drawings & Specifications for streets, water and sewer in subdivisions. This has been drafted by Joe in conjunction with the City Council. Joe stated that we were establishing these within the city, • but if there is a subdivision within the area of Impact that would some day be within the city he felt we should try to have these same standards in the subdivisions within the area of Impact, so we thought we should bring it to Planning & Zoning. Brad asked, if in the Resolution it stated it would be in affect in the area of Impact Zone? He understood that anything changed in the Impact Zone would go back to Public Hearing with the Commissioners. Richard stated that it goes back to this body. John said that is why it is here. Richard if a resolution does not require a public hearing in order to be passed in the Impact Zone, it comes back to this body and is approved then it has to be adopted by the city and the county. (discussion} John Millar stated that this should apply for lots less than one acre. Richard stated if we did that and put that the Rexburg Subdivision Ordinance should apply in the area of City Impact to lots one acre or less, then the city has the ability to adopt this resolutions and tie it to the subdivision ordinance and then it would be applicable. In Rural Residential we made lots between one and five acres and we didn't require them to put in curbs and gutters and required some sort of drainage and gave them some animal provisions. Eric asked if they wanted to be annexed would they have to put in curb and gutter and sidewalks if this is adopted. He was told because they are part of the Impact Zone, what ever they are doing right now you won't have to change if they don't get annexed. Eric said all the houses where he lives would not be annexed because the people would not want to spend the money to bring it up to standards. He asked if there are any other subdivisions that would be affected? Rexburg Heights '`k '~ would be affected. John Watson said he felt good about this Resolution because it specifically nails down and protects the utilities in terms of storm drainage, water and sewer. Richard said he agreed, he is sensitive about existing subdivisions that want to come into the city. John Millar said the city would also have the authority to change this a little if they felt there was not advantage for some of the regulations, such as curb and gutter. A motion was made by Richard Smith to apply the Resolution to everything in the city of Rexburg irrespective of the Subdivision Ordinance and apply it to all subdivisions that comply with the Subdivision Ordinance, and recommend to the city council to pass it. Seconded by Davawn Beattie. All Aye RE: DISCUSSION OF BUSINESS PARK (SIDEWALKS?) TOPIC: (300,161,,,BUSINESS PARK,SIDEWALKS,SUBDIVISION ORDINANCE, M.E.D.C.O.) John Millar stated that he had been asked by the mayor to talk to Planning & Zoning about the Business Park that Rexburg is doing. According to the Subdivision Ordinance, it is required to have sidewalks. Is it any benefit to have sidewalks in the Business Park. The board asked if it was platted? They felt they should see the plat. The sidewalks would be within an Industrial development. Richard asked what kind of business would be in the Park? John told him right now Farm Bureau was building. The board felt that E~_ politically they did not think the city could stand up and say they didn't want to put sidewalks in. John said the city isn't requesting to not have sidewalks, M.E.D.C.O. is making the request. The board asked is this a Business Park or an Industrial Park? John said it was business and light industrial. The question was asked if they don't have to put in sidewalks, are they setting a precedence that other people don't have to put in a sidewalk? Richard stated there is little foot traffic in an Industrial Park, however in a Business Park where Farm Bureau is being built and where a Day Care Center will be built, there will be foot traffic and need a sidewalk. John Watson felt we need to have a drawing in front of us. You could have a building a quarter of a mile away and you know there won't be foot traffic to it, but you know some of the lots will sell off and they will put curb and gutter in as they go. He felt that any building built out there within the limits of their property, needs curb and gutter and sidewalk to identify their parking. Jim stated that because there are members representing the city on the M.E.D.C.O. board they should know they need sidewalk. Eric felt if there is walking in the Business Park, they need sidewalk. You can't tell other people they have to have sidewalks and not put them in the Business Park. It would make a nicer development. (discussion) We need to see a plat. John Watson said he had gone to the Hospital Board about sidewalks and they have said because of what they know is happening else where in the community and there is a lack of enforcement, they don't want to put the sidewalk in. John Watson told them he had sat in the Planning & ". Zoning meetings and he felt it in the best interest of the community to put the sidewalk in and the hospital should set the example in the community and put the sidewalk in. He has that sold. Now look what this will do to him if the city does not put the sidewalk in. The board felt maybe they could wait until they sell each lot. RE: PARAPET WALLS TOPIC: (300,162,,,PARAPET WALLS,EARTHQUAKES,MAIN STREET) John Watson discussed some parapet walls we have in this city that are very hazardous. If we had a minor Earth Quake, those walls would come down. Is there a safety process? There are several on Main Street. Subway is one example. We will discuss the Sign Ordinance at the next meeting. Meeting adjourned. • • February 7, 1995 Rexburg City Council Members Rexburg Planning & Zoning Members Madison County Commissioners City of Rexburg PO Box 280 Rexburg, ID 83440 Re: Comments on Impact Zone Proposal I want to continue to express my concerns for the safety of all people who live on Millhollow Drive. I would like to see the following additions put into the Impact Zone proposal before it is passed: 1) A stop sign at 350 S. (city limits) and Millhollow to force all truck traffic coming down off the farms to come to a complete stop before descending down Millhollow, which dead ends at the High School. Mayor Boyle promised a sign would be put in two years ago. This will also allow for a brake check test on the potato trucks before they begin their descent. (I have enclosed a copy of a newspaper article addressing this issue and my 6/17/93 letter to Councilman Bruce Sutherland, who was on the Traffic Safety Council at that time and I have received no response to my letter.) 2) Propose an alternate route for all farm -to -market vehicles on the far east side of the hollow (approximately 1 mile east of 2nd East). Keep Millhollow a residential street and instead focus on the future by developing 7th or 11 th South to connect with the new farm -to -market road running down the east side of the hollow. Then protect this new route from residential encroachment with zoning. 3) Totally eliminate the possibility of another truck crashing into the Madison High School coming down Millhollow. 4) Remove Millhollow as a major arterial road in the Impact Zone. I would hate to see a major arterial road funneled into a residential street with trucks and other vehicles entering the city at higher rates of speed into a heavily populated residential area. Page Two February 7, 1995 5) Sidewalks on at least the west side of Millhollow and all subdivisions leading to schools so our children don't have to walk in the street to get to school. I also sent a letter to Councilman Jim Flamm per his request to voice my concerns and solutions to make Millhollow safer. He acknowledged the letter but I have never received any written response to any of my letters to date. I trust your pledge to consider all written and oral testimony. I am not against planning and zoning, but do wish to voice my opinion where it comes to the safety of the residents of Rexburg and particularly my children and Millhollow. Sincerely, Steven J. Hart 285 Millhollow Rexburg, ID 83440 208-356-3716(w) 208-356-3370 (h) ConCe' MS resurfacing about city truck traffic Concerns have resurfaced about But the council took no action on truck traffic on Mill Hollow Road in the recommendation. Rexburg. Though once a major farm -to - Madison School District Trustee market arterial, the street now is Gary Summers, speaking for the lined with homes. School Board and as a citizen, has Boyle suggested Sutherland and requested that the city once again .the committee review the issue and consider banning truck traffic on their notes and report back to the the road because of the hazards council. such traffic presents to Madison In other business, Boyle ap- High School and the neighborhood. pointed Dave Payne of the Madison The issue has been discussed off County Parks Department to sit on and on for several years since a the city Tree Commission. loaded potato truck cashed into The commission will help as the several cars in the south high city applies for a Community school parking lot. Forest Grant through the Depart - Mayor Nile Boyle brought it up ment of Lands to pay for 500 trees ata Rexburain on g City Council meet ng. fortheit city nt Park. within Councilman Bruce Sutherland the city and make recommenda- told the council the Traffic Safety do s about planting more. Council had made a recommenda- Boyle also appointed Joan Cichos tion that the city ban truck traffic of Rexburg to sit on the city -county on the residential street, the city's Golf Board. She succeeds Larry narrowest. Burns whose term ends. Pu STEVEN J. HART 285 Millhollow Drive Rexburg, ID 83440 June 7, 1993 Councilman Bruce Sutherland Traffic Safety Council City of Rexburg P.O. Box 280 Rexburg, ID 83440 Dear Bruce: After living on Millhollow for about a year I would like to express my opinion. I am petrified when I see those tall fertilizer and heavy potato trucks go up and down in front of my home. I cannot imagine a more dangerous or hazardous situation than a narrow road with lots of children playing and tall trucks with no visibility and heavy trucks with no ability to stop in time. The pickups that exceed the speed limit (25 MPH) usually do so early in the morning 'or late at night when workers are in a hurry to get home, at least my five children are inside the house at these times. I keep a file on all articles, meetings, etc. on Millhollow. Attached is a copy of a recent article where you stated that the "Traffic Safety Council recommended a ban on all truck traffic." I am not an advocate on bans, but I am an advocate on enforcing safety rules and regulations. The Mayor asked you to review the situation and report back. Could you please share with me your report back to the Mayor? You understand the concern pazents ign at the street end just to slow dowr three safety measures for 1 block of I know the trucks need to get to the farms and have a right to do so, but to route them up and down a 6% grade with no runaway truck turnout and through a residential area on a narrow street with no sidewalks with children playing is another accident in waiting. We need to pursue an alternate route on the other side (east side) of Millhollow that can be established and zoned as to avoid this from occurring again. I have talked to several farmers who agree and know Millhollow has been lost as a farm-to-market/major arterial road and some such as Keith Cornelison no longer use it since their truck crashed into the high school. The liability insurance is too costly. As residential areas expand without proper planning it and can force change to farm-to- market/major arterial routes. As cities grow, safety becomes a major factor in redirecting heavy industrial traffic out around residential areas, not through. Bruce Sutherland Page two June 7, 1993 I did agree with putting in curb, gutters, sidewalks and in widening the road to 35 feet as has been done down below Second South to the High School, but only after the drainage problem had been properly addressed. I did not agree with Mr. Millar's suggestion to reconstruct the entire road, as it is a good road, just needs to be widened. It was an extra unnecessary cost to the L.I.D. and I think the mayor would agree. I also do not believe that the widening alone would solve the safety problem but would short-term help until a new route can be established to carry the farm trucks to market on a major arterial. The term 'farm -to -market' has no 'legal' meaning, it is interpreted as a 'major arterial.' Please keep at least the idea of planning a new farm-to-market/major artenai route alive in your meetings. I have attended several of the Impact Zone Meetings trying to keep alive the East Millhollow route as a viable future farm-to-market/major arterial road. It would tie in a road 1 mile east of Second East to provide a back exit to traffic from the Wal-Mart development. Also, in the short-term, please resurrect your safety recommendations to put_ in a stop sign at 350 South to allow trucks and pickups a chance to slow to a complete stop after coming down off the farms. They sometimes get in a hurray. This would remind them to proceed with caution. I would like to pay for yellow safety 'Slow --Children at Play' signs to put below the two speed limit signs on Millhollow in front of my home and the stop sign at 350 South, if it is installed, if you would let me know how much they cost and I will even put them up. I am writing as a concerned parent, as you can read, and my agenda is not to hurt farming in any way, but I also do not want my children hurt in any way if it can be avoided. So we must compromise in all things and try our best. Thank you for taking the time to read my letter. I hope to hear from you and your recommendations to restore safety to Millhollow. Sincerely, Steven J. Hart SJH/dc STEVEN J. HART 285 Millhollow Drive Rexburg, ID 83440 August 24, 1993 Councilman Jim Flamm 419 Morgan Drive Rexburg, ID 83440 Dear Jim: Per our discussion on Millhollow, I am enclosing a letter from the subdivider to Mayor Boyle along with a copy of the original Millhollow subdivision plat with the words "no curb and gutter so that run-off does not build up." I have my own set of conditions I feel need to be addressed before anything should or can be done on Millhollow. 1. Safety must be improved: a. Widening the street, if cars are allowed to park, will do just the onnosite and create a real safety hazard that now does not exist. The street now has no parking and you can safely see up and down the street when crossing. b. A stop sign, as the Mayor promised, needs to be installed at 350 S. and Millhollow. This will bring all traffic to a complete stop before heading down the hill (the speed limit also drops to 25 miles per hour at this point). More random radar and speed enforcement needs to be done (25 miles per hour). C. Sidewalks at least on one side of the street. Now that the hospital parking lot has a sidewalk (west side of Millhollow), you can think of extending on un. Most of the property is in backyards on the west side of Millhollow and may be hard to obtain from owners. This will allow students, joggers, walkers a place to do so in safety. d. Widen Shoshone and eliminate the one way street and close the access road to Millhollow or widen Shoshone and turn Millhollow into it and close off part of Millhollow. Either method will add safety to the intersection at 2nd South and Millhollow. e. Eliminate the possibility of a truck crashing into the high school again. Consider a ban on all trucks going down the hill. The grade is too severe to not have a run -away truck lane. Jim Flamm Page two August 24, 1993 2. No curb and gutters unless the city can address the drainage problem. We d4 not need curb and gutters just for the sake of having them. Right now no one parks on Millhollow and we do not have a run-off problem. The problem is safety, speeders and heavy trucks on a 6% grade that dead ends at our high school are dangerous to all the residents and their children. Millhollow is now a residential street. Children use it to walk and ride bikes to both Lincoln and Madison High. 3. Write off Millhollow as a major arterial on the county impact zone map. Why have a freeway go into a residential road? Focus on developing 11th South and a farm -to -market road one mile east of Second East that would not only provide a back door to Walmart, but the east side of Millhollow is not as steep and can be protected as a major arterial/ farm -to -market well into the future with proper impact zoning and planning. Eleventh South could join this north/south road and eventually a second needed bridge across the Teton could be built. I feel and have always pushed this as the best plan. We need to give the farmers a safe route that this time can be protected. At the 1991 LID meetings a lot of these points were discussed. I was personally disappointed in Mr. Millar's trying to force a reconstruction of Millhollow on us. The road, after all these years, has held up admirably. Besides, the City annexed the street including the 25'x 100' access streets and passed inspection on them when it accepted the subdivision. Costs to repair or replace these are legally not the residents' but the city's. Am I not correct? I have attended two impact zone meetings and talked to Jerry Jeppsen on my views on Millhollow not being designated as a major arterial from 350 South to Pole Line Road. It does not make sense as it runs into residential property at the city limit plus residential building has occurred on Millhollow outside city limits in the impact zone. Anyway, take my thoughts for what you feel they are worth. I have a file and have educated myself not only on this issue but all the issues the City faces and I am much more sympathetic with your positions and decisions you have to make in best protecting the serving our community. I am seeking only what is best for my children, neighbors and preserving a community safe neighborhood. Sincerely, Steven J. Hart 356-3716 (W) 356-3370 (H)