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HomeMy WebLinkAboutP&Z MINUTES MARCH 08, 1995~~~ DATE: (030895} Planning & Zoning 3/8/95 7:00 P. M. • Members Present: Chairman: John Millar Members: Ted Whyte Eric Erickson Marsha Bjornn Richard Smith Mary Ann Mounts City Clerk: Rose Bagley Attorney: J. D. Hancock Councilman: Glen Pond John Millar welcomed the scouts. A motion was made by Marsha Bjornn to approve the minutes, seconded by Richard Smith. All Aye John welcomed the new member to Planning & Zoning, Ted Whyte. RE: DISCUSSION OF ROAD EXCHANGE & ABANDONMENT BY WATER TOWER (2ND E.) TOPIC: (300,168,,,STREETS,CROFTS*DAVID,2ND EAST,WATER TOWER,ROADS, EASEMENTS) David Crofts was at the meeting to discuss a road exchange by the water tower. He proposed that we abandon part of the road leading up to Blair Heinz machine shop and build a new road for exchange for an encroachment that Blair has his machine shop built. He has 10 feet of his machine shop on to their property. He and Steve Cook agreed on the abandonment. They would like to abandon the angle road going up to his shop and build a new road that goes parallel to the fence along the water tower so there still would be an access. He would deed the property for the existing road and they in turn would deed, when the time comes, the property for the other road to the city. John Millar told him that road is clear full of utilities. There is a 24 inch water line, at least three or four phone cables that come down on both sides of that road. As a minimum the city would have to maintain a utility easement on that. Richard asked where the well was? David showed the plan and showed which part they wanted to close. Richard said the well would be sitting on the north side of the road. The road is between the fence, water tower and the well. John stated that traffic wise there is an advantage because that road comes at quite a flat angle. Richard declared a conflict of interest. He stated that he and Mr Crofts own 50~ of the well site, and he felt he needed to review what had been parceled out with the well. He didn't think he had a problem with it, but the well agreement provides that when the ground is subdivided on the west side of the road, together with that piece that • the well ownership reverts to Richard. Richard was not sure where the well sits with relationship with the road. Richard asked what size of IG 9 a road it would be. David said it was platted for a 40 foot road, but Joe told him it would have to be a 60 foot road, because that is what the current standards are in the city. Richard told him that size road would make it tight, and wanted to go into to it with open eyes. John asked who would bear the cost of the reconstruction of the road? David said Blair would bear that cost and we will deed him his property, he had equipment that he could use. Richard asked if he would pave it also? David said they would not pave it, just have a dirt road. John told him there would have to be concrete work done on the curb and gutter creating a new approach. John said all we can do is give approval or disapproval any land exchange would have to be between the parties. John said other than for the obstructions that are in that road he did not see any problem. Rose told them it had gone before the council and they had recommended it go to public hearing. Richard stated that he did not have a problem except if a 60 foot road does not fit, the well had been there for a before the change. He did want protection of the road so he had access to the well to do any maintenance to it. John stated that the city would need access to their well also. He told Mr Crofts there is a large pipe that is the main feeder for the city from those large pumps. Marsha asked if it is a farm dirt road, why does it have to be 60 feet wide? Glen Pond said someday it might be a main road to Pole Line road. John said it looked like we need to look into it further, there might be a question of right-a-way required and right-a-way available. ~`~ (discussion on width of the road) John Millar recommended to Mr Crofts that he, Richard and Joe Laird go up the first of the week and look at it and that he come back to the Planning & Zoning meeting on March 22. RE: DISCU5SION OF C.U.P. FOR LINDA EAMES - PROPERTY ACROSS FORM MCDONALD'S ON 2ND EAST TOPIC: (300,169,,,C.U.P.,EAMES*LINDA,2ND EAST,MANUFACTURED HOMES, SIDEWALKS,LANDSCAPING,H.B.D.,MOBILE HOME5) John Hulst was at the meeting representing Linda Eames requesting a conditional use permit for the property owned by Ferguson across from Mc Donalds on North 2nd East. (showing a plan) She wanted to use the lot for Manufactured Home Sales. There would be triple and double wide homes to be put on foundations. They will be financed through F.H.A. and Idaho Housing. John said it is retail sales and would be allowed under a Conditional Use Permit. They were planning on paving the front part of the parking lot, but the back of the lot would be gravel. There isn't a Manufactured Home Sales in our area and they get a lot of calls for that type of home for younger couples. This would be done by a Real Estate Company and they would make sure these homes were put on a foundation and done right. Linda has secured a lease with Ferguson. As they sell the homes they hope to put more on the lot. Marsha asked about drainage? John said that site does drain to the interior, it use to be an old gravel pit which has been filled in over the years. He • said the storm water from the north end of 2nd East use to drain into that. He described the landscaping. John told him he had his parking extending out over the property line and it would have to be moved back and they would need to put in sidewalk on both streets. Richard told • them the plan shows a trailer in the clear site triangle and would have to be moved. 10~ of landscaping around the perimeter will be needed, not of the entire lot. Glen Pond suggested that along North 2nd East, by the businesses in that area they have spent some money putting trees in and he would like to see that continued along that block as we go on South from Mc Donalds. John told him under the requirements of H.B.D. there is a 15 foot minimum front yard, with a 0 side yard and 0 back yard or 15 foot facing any street. Mary Ann questioned the safety of pulling the mobile homes on the street at that location with all of the traffic. It was suggested that he have an access onto 350 North rather than 2nd East. John told him that the highway department requires that you get an access permit from them for the approaches onto the state highway and they will probably only allow you two maximum 40 feet wide. He told him we need to see a revised plan to show the accessed, landscaping, sidewalk, setbacks, paving. It drains off on its self and is still under Ferguson ownership. There is a city sewer line with an existing easement on the east side that needs to be shown on the plan. (J. D. told him for the conditional use permit, they would need to give us a property description, with the record owner of the property, and have to have their consent as well as the lessee that is making the application and written lease and there will have to be a public hearing.) John stated on the plan it shows site drainage going to the east which there would be no problem but if they sell the property behind then what happens, so we need a letter from Ferguson giving permission to drain this property onto the contiguous property. John asked the board to state how they felt about this plan. Mary Ann- she wanted to see the landscaping and a final plan. Eric- If it is done properly with the proper landscaping and all the problems, he didn't see how we could not approve it to go to public hearing. Ted- He had the same concerns, it is one of the nicer areas, as the town has been upgraded and he would like to see it remain that way. He felt that a trailer sales lot was never a glamorous location lot. He would hate for the other businesses around there to think it was not equally developed. Richard- He had a concern that it would be stepping away from what that area is. He would need to think about it and go look at it. He was concerned because the ones in Idaho Falls, for Ranch Homes and Dons there is nothing on a permanent foundation not even their sales office and they are more out of town. His first impression is a concern of what the other businesses would feel about it and that is why we would go to public hearing. Ted- In Idaho Falls most manufactured homes sales take in used trailers as a trade in. Mr Hulst said they would take in used trailers as a trade in and put them on a corner. J. D. told him the lease would need to be contingent upon the granting of the conditional use permit. John Millar recommended that he take a look at what this board had • presented to him and if it is still feasible, bring back a revised plan. iii ~ • RE: REVISED PLANS FOR APARTMENTS FOR SCOTT KIDD TOPIC: (300,171,,,APARTMENTS,KIDD*SCOTT,FIRE DEPARTMENT,SIDEWALKS, EASEMENTS,PLAN REVIEWS,BUFFER ZONES) Scott Kidd and Todd Hammond was at the meeting to present revised plans. We looked at this plan before and Joe made some recommendations for changes and wanted us to look at it. Scott explained, the fire department needed room to turn around and have approved the new plan. The same with the garbage truck. When we talked at the last meeting it was in condition that we bring the sidewalk from the street. As he looked at the plans if we bring in a 4 foot sidewalk, we only have a 22 foot isle. The 4 foot sidewalk would cut it down to 18 feet and the ordinance requires 22 feet. The only other option is to move it over so we can get the sidewalk to continue through. John told him he would need a variance to do that. Scott told him he had talked to the adjacent property owners about requiring an easement from them, 130 feet by 4 feet. It will be concrete rather than black top all the way in. The ordinance states that as a buffer there has to be trees and shrubs placed at 40 foot intervals. Ray Loveland, who is the adjacent property owner, asks that the lilac hedge be left and continued through instead of the trees and shrubs. The board felt there would be no problem in continuing the lilac hedge, it would be a better buffer than the trees. Mary Ann said the only problem would be the sidewalk. Scott stated l' • that on 3rd West there is no sidewalk on either side of the street. ~ Scott asked if they could approve this plan with the easement? He asked if they could forego the sidewalk? (discussion on the sidewalk and stripping the sidewalk on the concrete parking lot) A motion was made by Marsha that we include 82.5 sidewalk to the property line and not going the full length of the apartment building on the east side of the access road and keep the road the way it is. (Ted asked if they could put the fence back up, Scott said he would) Seconded by Mary Ann. All aye A motion was made by Marsha that we include the lilac hedge on the west as requested by Mr Loveland. Seconded by Mary Ann. All Aye RE: PLAT PRESENTED & ACCEPTED FOR BUSINESS PARK AND ARTCO TOPIC: (300,171,,,ARTCO,BUSINESS PARK,FORSGRENS,ROADS,PLATS, PRELIMINARY PLATS,STORM DRAINAGE) Glen Halverson from Forsgren presented a plat for the combination Business Park and the Artco Business Park which are contiguous. John stated a conflict of interest and asked Mary Ann to chair this issue. Jerry Jeppesen, County Commissioner, was at the meeting with some concerns. Glen explained the plat. Jerry was concerned about the roads and who controlled the roads? J. D. stated that the county was suppose to designate the designated roads. Jerry stated there was still some unsettled issues. Who goes out and gets the funds to widen i, • that road out to the freeway is that the City of Rexburg? John stated that it is strictly a county road, it is not in the city. Jerry stated that they had given the city authority over it, but there still needs ~_!~ f to be some coordination. There is drainage on the plan and sidewalks. • Eventually the Salem road will have to be widened. Discussion on interior lots and roads, landscaping, what about street lights, fire hydrants and a postal area? Setbacks are different in an Industrial Zone than a residential. John said there needs to be approval of the preliminary plat tonight so they can precede with the next phase. John mentioned the showed storm drainage going into the pond, but after calls with E.P.A. and D.E.g., they will not allow them to go into the pond with storm drainage. They can't go underground and can't go into the river with it, and can't go in the sewer. They are going to have to take a portion of one of the lots and put in a french drain. They will take the top soil off and put landscaping around it. It will probably go 3 or 4 feet into the ground with it and water will go into it and will seep. There will have to be an agreement with the city and county on the maintenance of the interior roads. Jerry stated that they don't meet the county requirements, so the county plows would not be able to plow the roads. He stated that they are going to stay out of the business of plowing subdivision roads as county roads unless they meet their requirement. They are working hard on a subdivision ordinance. All the roads in the subdivision need to have 60 foot right-a-way to be plowed and the roads will not be accepted until they are oiled. John stated in reality, the county does not plow roads like the city. The city roads have curb and gutter. The roads have to be dedicated to a • public entity. J. D. explained that in the new resolution, it states there will be a 60 foot right-a-way, as Joe recommended. Richard questioned the resolution and if we needed a 60 foot right-a-way, and if the Planning & Zoning recommended that and if there was an inconsistency. A motion was made by Richard we accept the plat subject to the following conditions: sidewalks in the plat be 5 feet wide, street lights according to standards, that the streets be dedicated to the City of Rexburg, and that approval be subject to department head approval. (John stated that the first phase of the development would be the interior road next to the day care which will be constructed and the road next to the development along Salem Road up to and the city's property and the road going back will be phase one.) All Aye except John who abstained. RE: RICKS/PALMER REVISED PRELIMINARY PLAT PRESENTED & APPROVED TOPIC: (300,172,,,RICKS/PALMER,PLATS,FORSGRENS,PRELIMINARY PLATS) Glen Halverson presented and explained the Ricks Palmer revised Plat, adding 13 lots as discussed in the last meeting. (discussion) John stated he had a conflict. A motion was made by Ted to approve the preliminary plat with the conditions that it meets all regulations of the subdivision ordinance and that it meets with the department heads approval. Seconded by Marsha. All Aye except John Millar who abstained. • ~n3 ~~ RE: DISCUSSION OF BUILDING A HANGER AT THE AIRPORT TOPIC: (300,173,,,AIRPORT,BUILDING PERMITS} Mr Day was at the meeting to request building a hanger at the airport. There is a lot and the board feels there is room enough for two hangers and there will be 15 feet between the hangers. There is no zoning problems, just come in and get a building permit. RE: AUTO SALVAGE YARD - IMPACT ZONE TOPIC: (300,173,,,AUTO SALVAGE,IMPACT ZONE,LEGAL ISSUES) John stated, we have a couple of possible legal issues that have come up. We have our Impact Zone in place and we have an application for an auto salvage yard at the old Drive Inn Theatre. They are contending that they did have it started before our Impact Zone and are claiming they Grandfather. J. D. explained that in August of last year they purchased the old Teton View Drive Inn Theatre. They are from California. They then applied in October for a state sales number and then the state sale tax divisior. sent him a notification in November saying they did not receive a sales tax report for October. He then sent them back a check for $24 stating that his sales for that past month would have been $300 or whatever $24 would have paid for October and November. On February • 19, before the county had approved the Impact Area, he got a permit from the State Department of Health and Welfare for a septic tank. Richard asked if his address was listed on the sales tax number? J. D. stated that the address listed was his California address. The septic tank lists his address in Madison County. J. D. said he could have bought a truck or car and sold it to someone up here. He says he is grandfathered. J. D. had researched every case in Idaho that has dealt with non conforming uses. The standard is did they have and existing and operating business at that location at the time the ordinance was passed? (quoting a case in Lewiston almost identical to this case where the supreme court upheld the city) J. D. had talked to the Davenports and the Stegelmeirs, both are neighbors next to this property, and asked them if they have seen any business activity on that property at any time? Glen said he had seen them working on the sign. Richard said he flew over it just the other day and there is no wrecked cars out there. The neighbors have taken pictures of it periodically, showing no activity. Mary Ann said their only proof would be the sale tax. Richard stated that the sales tax permit does not have a business address in Idaho on it and that does not prove they did business anywhere in Idaho. Eric felt we should fight it. Jerry stated that it is clear in the ordinance the city and county would have to share the legal costs. They have to come to the city for their permit. Richard felt we had to take a stand on it. J. D. stated that what he thought he would do was recommend to the engineer that he write them and tell them to present any and all evidence that they were • doing business at that location at the time the ordinance was passed. They requested a building permit and Joe returned a letter telling them it would require a Conditional Use Permit because that is not permitted ~~~ in a H.B.D. Richard felt that the response that Joe has already written them is sufficient and we should not go any further.. Let them contact us. Jerry stated that one of the reasons they signed the ordinance so quickly had a lot to do with Davenports and Stegelmeirs concern. Jerry said they would do whatever this committee recommends. He said the insurance lady called him when he was chairman of the county Planning & Zoning and asked him about that property back in August. He had told her that property was in the transition of an Impact Area and that would not allow for that type of business to be there if that was inacted. She was told that before the sale was completed and she understood that going into the sale. If she misrepresented herself to that party, that is her problem. Ted suggested that they need to prove they were operating a business. Richard stated they will have to sue or come in and get a conditional use permit and once it is turned down they will have to present their best case. We have responded correctly and enough. RE: DISCUSSION OF BUS LOT ON NORTH 5TH WEST TOPIC: (300,174,,,BUSES,5TH WEST} • John stated that there is a bus lot on North 5th West and Joe sent them a letter telling them they needed to come in for a zone change or find a place to park and maintain his buses. He has four buses parked over there. Glen felt we should have the police enforce it. Richard asked that we put the issue of designated roads on the next agenda. A motion was made by Eric to adjourn, seconded by Ted. All aye •