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HomeMy WebLinkAboutP&Z MINUTES APRIL 26, 1995~, DATE: (042695) Present were: Chairman: Members: Excused: City Clerk: Attorney: Councilman: Engineer: Planning & Zoning 4/26/95 7:00 P. M. John Millar Eric Erickson, leaving Richard Smith John Watson, leaving at Mary Ann Mounts Jim Long Davawn Beattie Ted Whyte Brad Archibald Marsha Bjornn Rose Bagley at 8:00 P. M. 7:30 P. M. J. D. Hancock & Steve Zollinger Bruce Sutherland Joe Laird A motion was made by Mary Ann Mounts and seconded by Jim Long to approve the minutes of 3/22/95. All Aye A motion was made by Davawn Beattie and seconded by Mary Ann Mounts to 1,,~ approve the minutes of 4/12/95. All Aye RE: PROPOSED AUTO SALVAGE YARD LOCATED IN THE IMPACT ZONE TOPIC: (300,181,,,SALVAGE YARDS,IMPACT ZONE,ZONE CHANGE) Proposed Auto Salvage Yard located in the Impact Zone. Today we were faxed a request for a Zone Change. The property is located north of Rexburg along the old Sugar City Highway where the old Drive Inn Theater was. Kim Leavitt, Harper Leavitt Engineering, showed site plans. Thomas Goe owner of the property from California and his Attorney Sean Breen were at the meeting.. Three metal buildings would be placed on the property and they will put the storage behind where the screen is now. The screen is going to come down. Tom Goe explained what the business is. He showed picture of his operation in California. It is not done in California like you see in this area. The standards are high. The way they dispose of cars is different. They don't double stack or have car piles. When the cars are processed the oil is taken and stored and not allowed to drain on the ground. The ground is kept clean. He is regulated in California and never had a fine or has never heard from any public agency for not conducting business properly. The weeds are always kept down. He asked if there is regulations in the State of Idaho. Mr Breen stated there are ground water regulations but the Environmental and Safety • Health standards in California are much more stringent. Mr Goe is offering tonight to bring those more stringent standards from f ~ r~ California up here. He will bring those standards to Idaho that are not currently required if they get that far. John Watson asked how they handle oil. Mr Goe told him it is set in steel racks, drained in barrels, the barrels are set in a concrete bunker. They are able to hold 150 gallons and then it is pumped by someone that has an E.P.A. number to dispose of it. Cowboy Oil from Pocatello will take it and dispose of it. Jim Long asked if that is a Federal Highway, are there regulations for screening for a salvage yard? John Millar said he did not know. Davawn asked if he had copies of California regulations? Mr Goe stated that he would be glad to mail them to the board, they are quite extensive. Salvage yards in California are state and federal regulated. They are required to have insurance and meet the criteria of their Association which is very stringent. He stated that he would bring these same controls with him that are required in California, because he had the equipment needed to do those controls. Jim asked about the landscaping requirements in California? Mr Goe stated that as you go by it has to be pleasing to the eye and not have any automotive out front. The fence will screen all automotive from the road. They would put a fence and shrubs around the property. They planned on planting trees around the property to screen it and in the front it will be landscaped. Richard asked what the proposed use of the three buildings would be? ~ Mr Goe stated that everything they tear down would be warehoused. The parts will have item numbers and tags numbers in the computers which will be done for warehousing. The middle building will be for the main warehouse, and the other two will be rentals, with possibly a glass shop in the far one to the left. Retail sales will come out of the center building warehouse. They will be new structures. Eric stated that the one concern was that it would be pleasing to look at. There are a lot or wrecking yards you go by that are not pleasing to look at. Once approval is given if there are no regulations, we would be going on someone's word that everything would be done like you say. Mr Goe stated that any regulation could be put in the Conditional Use Permit. Richard asked what kind of noise they generate with the dismantling process? They use chop saws, very little torch and as far as noise, most dismantling will be done inside. Noise level is very minimal. The system in the yard is done with motorola with no P.A. systems. Davawn asked about lighting? The lighting would be just in the buildings. Bruce asked about their hours? They are open from 8:30 A.M. to 5:30 P. M. and closed on Sunday. Richard asked if they were going to fence as high as they stack? He said they will not stack. The cars are categorized in the yard, put on three pyramid stands, with no cars on top of each other. Richard • stated Mr Goe indicated that he shipped bodies to California, and asked if he shipped them out on a regular basis, rotate in and rotate out? Mr Goe told him that was the procedure. Richard asked how many bodies would they have on the property at a given time? Mr Goe stated that it varied but they process twenty-five to thirty cars a week. That many cars will come in and that many cars will go out. The cars are flattened with a crusher before they go out, when a car comes out it is not taller than twelve inches tall. Eric asked what security they have for the yard? Just the fence. Jim Long stated he needed some more detail on Landscaping. John Millar added we need to see areas that will be paved, proposal for water, sewer, storm sewer and other items listed in the ordinance that will need to be addressed. Mr Breen asked, in the zoning under H.B.D. a retail sales is permitted? Because he will have the retail sales in front and salvage yard in back, does he have to request rezoning for the entire yard or just the back part? John Millar stated that we need to see more detail of what is going to go on in that area. The more information that can be provided, the clearer picture people can get. Eric asked what he proposed on black topping? He said it would just be gravel with landscaping down the sides. They run a parts house. Richard asked if we could get some information on the crusher to find out what it is, what kind of noise it creates? He explained and the only noise you will hear is minimal from the metal going down. It does not make a lot of noise. It is built by Easy Crusher. They have a machine that crushes the rim from tires and cuts the tires up. Eric • stated with all the problems with disposal of waste, does this generate a great deal of waste that is not reprocessed? He told him the biggest cost factor is tires and that is why they bought the machine, so you can cut the tire and sheer the tire. There is a chipping plant in Tracy, California that uses all the tires for railroad base. People are making shoes out of them, or in Wesley, California they have.a tire burning factory that generated E.G.E. Davawn asked how many cars would be stored? Mr Goe said it had a capacity to store as many cars as it did when it was a theatre. Jim asked if they took 30 cars in and take 30 cars out why would there be more than 30 cars stored? Mr Goe said they work out of an inventory. Davawn stated that the problem with this type of business is the long term storage. Mr Goe stated if they can't move the product and it site for more than 6 months, they get rid of it, because they have to rotate the product. Mrs Goe stated that there was a question as to where he would get his cars from. If you drive around town or out in the country, you see the back yards with old cars scattered around the yard with back yard dismantling. Where ie their oil, where is their gasoline going to? This is what they would be taking off the streets and roads. They will go in pick them up process the cars and get them out of there. Mr Goe said it would probably be cleaner than having an open theatre out there. Eric said he has seen some Salvage Yards that have been very nicely done. There is one in Ogden with no junk bodies laying around, everything is dismantled, there isn't any storage of any vehicles at all. The buildings are very clean, you walk in and it is a parts store atmosphere. Jim Long asked how many hours a day the crusher would be operating? Mr Goe said it would operate about two to three hours a day. He explained that when you drive by all you will see is a retail. You will not see car bodies or junk. The existing fence will be moved straight across and repaired and painted. Jerry Jeppesen asked Mr Goe- You moved up here from California, what is the reason and do you have any projections to say when you bring this business in if it is going to stay and last, and you won't be here for two years and leave? Mr Goe replied- There is a lot of things that tipped the scales to move our family up here. Their school system is getting bad. Their children can't go to school and worry about school. They have to go to school and worry about what race they are. There is a real population explosion and it isolates different groups of children and their race is at the bottom. Economically- permits and fees are astronomical. They are feeding an economical depression and there is really no end. That is why small businesses are leaving California. Their intention is to come here and bring a business that is frowned upon now, but when in place you won't think so. Jerry asked him if -he had any idea how much business he would have to generate to maintain his standard of living? Mr Goe said he had looked in Idaho in all different communities in this area and they feel they can make a living here. If you are precise in what you do and are clean and orderly, you don't have a problem finding customers. It is a retail business which is different from those around Idaho Falls. Mr Stegelmeir asked how far they would have to haul the cars to recycle and how. Mr Goe told him they would haul them to Utah and sub contract to truckers to haul the car bodies. Most of the business is self contained except for trucking. John Millar asked if there was a possibility they would acquire shells from other yards? Mr Goe stated they could not make enough money doing that, he would have to buy a complete car. Jerry had concern that they have been committed to keep the standards as in California, but there is no one here to check to see if they are doing that. Richard asked if he could get some Industry Standards as well as local ordinances from California to send to us? Mary Ann stated that if we give him a Conditional Use Permit, we can put in place certain rules. Jerry said there is nothing in place to check on the business. John Millar stated that we have City and County Building Inspectors who can check it out. Mr Breen- He did not think they would come in and make this kind.of an investment in the business and then be a bad neighbor, because people in this room and the community will come out and do business. If the community isn't happy with what he is doing, he will waste a lot of money. It isn't the neighbors that have to police Mr Goe. Mr Goe will go out of business, if he doesn't police himself. ..- f` ~` ~°°° E ~,' .~ r Mrs Stegelmeir asked- Do I understand right that you are going to sell everything you have in California and come up here and do everything you did down there? He told her they were. Jim Long asked what kind of a financial commitment are we asking him to make? John Millar stated no more than any other business doing the same thing. Mrs Davenport- She had some concerns. To even have that area zoned H.B.D. is hard, because she is residential and has a beautiful home and feels like this business isn't even commercial, it is heavy industrial. In putting that kind of business there we are saying, we are juggling commercial and industrial. This would bring a safety factor when they zoned it H.B.D., because it kept her property value up. She wondered how long they would be there. They might be there only two or three years. When it was zoned H.B.D. she felt there would be a higher level of business come in there. Steve Zollinger- He asked Mr Goe if he would consider taking cars from the other places for the use of his crusher? Mr Goe said no. They handle what the public asked them to handle. It is not a mobile crusher, it is set in one place and used in one place. If someone brought the bodies to them to crush, they would take them as they could get rid of them. Their projection of employees right now would be three to five. Glen Pond- The issue is to the P&Z is whether you want to change the zone? Rather than letting these folks go to a lot of expense to give you details of what is going out there, you need to get the feeling from the neighbors whether they will support you on a zone change. We have been skirting the issue. The feelings of the folks in that area will play a big part as to whether the zone change is successful. Is it worth their time to pursue a zone change. If you require him to spend a lot of money, it would be a good idea to know the feeling of the neighbors. Mrs Stegelmeir- We live there and will be the next door neighbor. She is concerned about the type of employees that would be employed in a dismantling place. She has fifteen grandchildren that are there a lot. She does not want undesirable people working next door. I want to see the children safe. Now they jump on a bike and go over to Davenports and play in her yard. If you have the wrong kind of people working there, then your whole life style will change. We keep about eight cats around their place so they don't have mice. If you have 600 cars you will have skunks, raccoon, rats and mice. If they put out poison we won't have any cats at all because if a cat gets a mouse that is poisoned the cat is dead. If a car has to sit there six months, she did not like that. She feels threatened. They have invested 30 years into that property and it has made them a living. It is their retirement and if they have a junk yard next door, someone will look at it and not want to buy their property. She is concerned about it, . because there is nothing that tells her it is going to happen the way they desire it will happen. We don't know whether he will have the finances to do everything. ti ~ Mary Ann- She has a problem that we have zoned this H.B.D. and then we are going to have two residents keep us from considering what to her seems a H.B.D. The residents are grandfathered in, but actually the Stegelmeir's have a business. There are a lot of people that would not consider living by a Veterinarian Clinic. We are not trying to protect that area as a residential area. That is not what we are here to do. Her husband is in the automotive business and he said you would not recognize a salvage yard in California as anything like you have seen around here, they don't look the same. It is a business and the ones he had been in is a parts business. They are nice and neat. They need to give it a chance. If it is H.B.D., you need to consider that. She feels for these residents, but it is like the people that live across from the college, and want to change it. Mrs Davenport- She was concerned about how her property value would be affected. Is it a H.B.D. or is it not? She feels that it fits more Industrial. She felt it would fit better across the street. Ted- You have an Industrial/Commercial type business. Bob Riley, Caldwell Bankers- Industrial property is higher in value than residential. Property values will go up. You can expect a raise in the value of your property if you sell by the square foot not by the home. It will become a commercial entity not a home. j John Millar stated we need to make a decision. The decision we have before us is one of three: (1) recommend it go to public hearing, (2) we recommend that it not go to public hearing, or (3) that we continue it for further gathering of information. Davawn Beattie, made a motion that we gather information for a period of 30 days so we can give the owner a better idea of what to expect from us and we can have more of an idea of what is planned. He would recommend getting more detail on the plans and on the buildings, perhaps a preliminary sketch of the front as to what it would look like. Richard stated we need copies specifically the Industry Standards as well as the Zoning that currently exist in California. If we could have them within two weeks so we could review them before the night we have scheduled to meet with you folks. Motion was seconded by Jim Long. All Aye RE: DR. MILLS OFFICE PLAN REVIEWED AND APPROVED TOPIC: (300,186,,,MILLS*DR.,PLAN REVIEWS., MEDICAL PROFESSIONAL PLAZA, ASH AVENUE,IST SOUTH,PARKING LOTS,HANDICAPPED,LANDSCAPING,SIDEWALKS, STORM DRAINAGE) Dr Mills Office Plan located in the Medical Professional Plaza West of Dr Crouch's office. Byron Blakely and Bart Stevens showed the plans. This would be located at the south end of Ash and 1ST South. There is a small strip of landscaping already existing on the North side adjacent to the Kenwood Apartments directly East of that and directly East of the land for Dr Mills office is Dr Crouch's office. There is a layout that was done originally by Forsgren which put the planter right in the center of the street and when it was built it was slightly %,<' t .x ~, ,~ misaligned. It is over 8 or 10 feet into the lot that Dr Mills is looking at. They would like to finish out Dr Crouch's parking on up to the end of Dr Mills lot and Dr Crouch's lot which would add four more parking places. They would add additional paving and a loop for the garbage truck and circulation of parking to allow them to go either way in or out either parking lot. The nature of the building would be to treat patients that would be coming substantially in wheel chairs or handicapped disabled people. They would have a south exposure for their entrance and a gentle grade meeting all A.D.A. requirements going in and out of the building. There will be two handicapped parking stalls with curb cuts. The roof is a aeries of gables and the roof comes down and covers the entrances so we come in under the gable rather than under the eves so we don't have ice. Dr Crouch will continue to maintain the landscaping. Joe stated that it would need to be clarified as to who will pay for the water for landscaping and who is going to maintain it. John Millar stated the question of a sidewalk needs to be addressed. Bryon had indicated where the sidewalk would be so it would not mess up the sprinkling that is already in. Joe had drawn it differently in a curve line. The setback is 17 feet instead of 'the required 25 feet that is required, however Joe stated that the 17 feet does meet our average in requirement. Joe had pointed out the planter on the south end of the parking lot, that the sidewalk comes up and goes right into the planter, the plan is there for two lots south of it and possibly it should remain sidewalk. (Jim explained why the planter was there) Joe stated one other thing the ordinance requires ie special dense landscaping where ever their is a parking lot adjacent r ~ to a residential zone. Bart stated as he read it calls for landscaping or a fence and wondered how that worked? Byron stated that he showed on his plans a chain link fence and a five feet planting buffer. (discussion) John asked how storm drainage was handled? Byron explained the storm drainage. On the extension on Ash Street, the west curb and 5 to 6 foot of paving has never been put in and the reason for that is that is where some underground utilities are. We will come down in that area and use that for our trenching and pick up our storm sewer and sewer down there. There is also a water line out in the grass stubbed in. The storm drain is close to the new curb area and tied directly into the system. (discussion) Joe asked if as part of this development they were going to extend the water, sewer, and storm sewer line on down so it can be utilized for the area south as it developes? Bart said he talked to Dr Crouch and before any lots are developed up above that will have to go in and so he thought he would need to do that before Dr Mills does anything. Everything is existing and in place for this lot but there isn't anything above for the next one. He thought Dr Crouch would want to do that so he could sell the lots in the future. Joe stated that the city will want some assurance that the water, sewer and storm drain are in there. Location for dumpster. Byron said they have a dumpster location on the south end where it loops between the parking lots. They have stamped • that out as being temporary, because as the development phases up the hill there may be someway to address a more permanent location. (discussion on location of dumpster and snow storage) i st C f,EA r" Fire hydrants discussed for location. Byron stated as he understands the biggest thing they need to do ie make sure the 2" line is changed to a 6" line and goes all the way through. He stated if he has to put in a sidewalk, he would like to see it so it isn't a seasonal sidewalk. He did not see the efficiency of the serpentine sidewalk. John told him the requirement is to have a five foot sidewalk and that it be set back from the curb a minimum of five feet. (discussion of cost of replacement of sprinkling system if the sidewalk is put in) The coats will have to be worked out with Dr Crouch, he is the developer, it is not a P&Z issue. A motion was made by Richard Smith to accept this plan with a provision that the sidewalk be put in and moved back as provided in the ordinance. Seconded by Jim Long. All Aye RE: FINAL PROPOSED M.E.D.C.O. PLAT TOPIC: (300,188,,,M.E.D.C.O.,PLATS,ARTCO,BUSINESS PARK,SIDEWALKS, RESTRICTIVE COVENANTS,PARKING LOTS,LANDSCAPING) Final proposed MEDCO Plat. John Millar declared a conflict of interest and asked Mary Ann to chair this issue. John Handed out a plat. This is split into two plats, Artco and the Industrial Park which is different than the Preliminary Plat. Kimber Ricks stated they would like to consider the questions of sidewalks in the Business Park. They wanted to discuss the issues that are pertinent to the issue of sidewalks. (he showed pictures of a business park in Salt Lake that does not have sidewalks) Copies of restrictive covenants were handed out. The reasons to ask that they not be required to have sidewalks is no on street parking will be allowed, they require a 10 foot setback from the road to the off street parking. They have guidelines as far as landscaping is concerned. What they hope for is an area with a lot of green. It is not the kind of development that there would be a lot of foot traffic. The one route that has been developed is the Farm Bureau Building. They are close to making an announcement of a day care. The typical type of business they anticipate is construction firms and perhaps warehouses, distributing companies. Artco is interested in attracting paper wholesalers. It is not like a strip mall. It is two miles out of town and people would go there in a car and park off the street. In all likelihood they will go to one business and then leave. They feel as far as setting precedence is concerned, it would only set precedence for a new business park. The streets are short and part of the land that would be devoted to sidewalks would take away from the green look. They estimate that the cost of the sidewalk would raise the cost of the average lot from $3000 to $5000. (discussion) Jim asked who was responsible for maintenance of the streets. John Millar stated they would be city streets. The landscaping would be maintained by the Association. There is no rear yard setback required, but side yard setbacks are required. Jim questioned the possibility of having community parking lots which is planned for the whole development. This plan shows streets and curbs with right-a-way wide enough to put in sidewalks. ,~ Richard stated that he felt it would be reasonable to place the sidewalk requirement on each individual lot as their plan for building is brought in so there is enough sidewalk to take care of that business from their own parking. Brad stated if you have two buildings next to each other and you go to one of the buildings and want to go to the next building, do you get back in your car or walk over the grass? Kimber stated that would be up to individual owners if they wanted to combine parking. Richard asked again if these will be dedicated city streets and plowed by the city? Steve stated they can't be dedicated city streets because it is not in the city limits. The city can maintain with public funds if it is privately owned by the City of Rexburg or they are privately owned by the Association. John stated the streets will be dedicated to the city. Steve said they can be dedicated to our ownership but not to the City of Rexburg because they are outside the City limits. The law doesn't allow us to own property as a city but only as a private capacity outside the city limits. In long term the plan is to annex it to the city and when it is annexed the streets will be dedicated to the city. Steve said we are the owners and will be controlling the streets, but they are not city streets. Richard said it seems that if you are going to have all off street parking, that the review committee could determine how and when sidewalks will be placed and not outside on the street but between some of the businesses. If you have buildings with parking lots, it makes more sense to have sidewalks connecting the parking lots. If it is determined by the design review committee that with adjoining businesses there needs to be connection between the parking lots, the review committee should have the authority to make that requirement. Kimber said they do have the authority. Jim stated this is setting a precedence, the city requires everyone else to put in sidewalks and it is the same thing as when the city violated their own ordinance at the pump house and put a fence right along the sidewalk and made a parking lot out in .front by paving it in concrete. They have set a precedence saying it is okay for you guys to live by this but we are the city and don't have to live by this. Ted Whyte suggested that someday sidewalks could be carried on out from Walmart, because their will be Highway Retail stores up and down that road and would naturally lead into the Business Park ten or fifteen years down the road. Clair Boyle stated they have a 70 foot setback and if that is something that needs to be there is room for it. A motion was made by Richard Smith that we recommend to MEDCO that Planning & Zoning will accept the plat without sidewalks provided we be assured that there are provisions in the protective covenants that would give the review committee the power to require sidewalks within the interior on a lot if the review committee thought it was necessary. As a preface to the motion, that the Planning & Zoning have reviewed this proposed development and see no reason for requirement of imposing sidewalks through out the development because we see no need in the present or likelihood in the future of any pedestrian traffic along those streets. It is much more meaningful to place the ;,,{ ;: i requirement with the review committee as to how they want to address sidewalks on the interior of the lots. That there is no on street parking allowed so there will be no pedestrian traffic from parked cars to individual lots. Seconded by Jim Long. All Aye. RE: SIDEWALKS AT PROPERTY OF MIKE THUESON ON 5TH WESTS TOPIC: (300,189,,,FAIR GROUNDS,5TH WEST,THUESON*MIKE,SIDEWALKS, GREEN STRIP,LANDSCAPING) Mike Thueson 128 North 5th West and 138 North 5th West- His property is near the Fair Grounds and Madison Park Apartments. He is in favor of sidewalks, but does not like the idea of the five foot green strip and there are a couple of reasons why. (1) It is inconsistent with the sidewalks that have been already put in on that street. (2) it will be really expensive. Madison Park apartments do have the berm and landscaping that come right off the road and for them to put the green strip and then the sidewalk would be major reconstructive surgery on their landscaping. He is also right in the middle of the block and people will have to go across his neighbors yard in order to get to his sidewalk or will"have to go across his yard or their yard to get to his sidewalk. He proposed to put his sidewalk in right now but does not want to have that five foot green strip. There are existing sidewalks down the block that does not have a five foot green strip, they are' right next to the curb. He wanted to be consistent with that. Richard asked when we did this five foot strip requirement. It went in about last fall. Richard proposed that just as we recognize average setbacks in situations where there has already been construction. Mike could build a sidewalk with a five foot setback and if there is a curb sidewalk on the adjoining lot, there is no requirement to have them hook the sidewalk up. He suggested that we have a provision that recognizes just as we recognize setbacks, that if the sidewalks on a street are to the curb, lets require a sidewalk, but lets require some continuity. Ted said he drove up and down that street and agree with Mike, that in that area it is wrong to make him set the sidewalk back, it is not continuity. Bruce stated as he recalled when we set the requirement for a 5 foot strip it was for new subdivisions development. A motion was made by Richard Smith to authorize J. D. to draft language that would recognize something similar to section 4.9 in the Zoning Ordinance with exception of setbacks that would recognize the need to have continuity in construction of sidewalks to line up with existing sidewalks. Seconded by Davawn Beattie. All Aye The board told Mike to put his sidewalk in without a 5 foot strip. Meeting adjourned. •