HomeMy WebLinkAboutP&Z MINUTES SEPTEMBER 25, 1996~3~
DATE: (092596)
Planning & Zoning
9/25/96
7:00 P.M.
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Present were: Chairman:
Members:
City Clerk:
Council Woman:
Attorney:
Engineer:
John Millar
Mary Ann Mounts
Ted Whyte
Jim Long
Davawn Beattie
Doug Smith
Mike Thueson
Rose Bagley
Marsha Bjornn
Stephen Zollinger
Joe Laird
A motion was made by Ted Whyte and seconded by Mary Ann Mounts to
approve the minutes of 9/11/96. All Aye
RE: ZONE CHANGE REQUEST - STAN COLBORN, 248 S. 2ND W. (TABLED)
TOPIC: (400,136,,,ZONE CHANGE,COLBORN*STAN,2ND WEST)
We have a Zone Change request from Stan Colburn at 248 South 2nd West
next to Taco Time. This is zoned H.D.R. and he wants to have it zoned
H.B.D. He wants to sell it and the buyer wants the zone changed. He
wants to keep the business there, pave the parking lot and put a
storage shed there. They said they would use the storage for their
business and personal. John Millar stated that it would be spot
zoning. (discussion if it would require a zone change) John Millar
recommended that we table it to the next meeting, giving the board time
to review it. He needs to get with Stephen and Joe and decide exactly
what he wants.
RE: SITE PLAN FOR DR. WALKER NEW OFFICE
TOPIC: (400,136,,,SITE PLANS,WALKER*DR. ROBERT,LANDSCAPING)
Bart Stevens and Dr Walker were at the meeting with a site plan for a
new office building for Dr Robert Walker. It would be located on the
lot South of Dr Crouch's office on lot 3. Joe told them they would
have to extend the water for this and will need to connect to the water
line that Silvertree Builders are putting in. Bart stated that they
also understood they need to install the fire hydrant. Joe suggested
that it should be in the planter. The building will level out from the
point of the building to the existing grade. It is similar to Dr
Crouch's on the back side. Jim asked about what would stop people from
going through the parking lot? They will have a planting area that
will extend out one to six feet. They explained the drainage.
Discussion on landscaping and blacktopping. Dr Walker stated that the
landscaping strip will be taken care of. Brett Hastings from
Silvertree stated that they would probably donate a one foot strip to
Dr Walker and he could use that in the planter to landscape. John
Millar stated if they have to put in a sidewalk there would only be one
foot left over. Discussion if there was a need for a sidewalk along
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• that side because there are no residents. Discussion on the maintenance
of the five foot strip. Suggested by Jim Long that there be a 10 foot
strip for landscaping to keep the kids from skate boarding and four
wheeling across the area. A motion was made by Davawn Beattie that we
accept the site plan as drawn contingent upon the the city departmental
approval. Seconded by Jim Long. All Aye
RE: MIKE FERGUSON ZONE CHANGE DENIED
TOPIC: {400,137,,,FERGUSON*MIKE,ZONE CHANGES,PUBLIC HEARINGS,5TH WEST,
2ND SOUTH)
Public Hearing 7:30 P.M. regarding proposed rezoning of the property
located between 5th West and 4th West and immediately North of 2nd
South to H.D.R. The property is presently zoned I. The property is
owned by Mike Ferguson.
The hearing was turned over for public comment.
Val Dietrich representing Mike Ferguson - Mike owns the old block plant
and the property just east of that plant has been in weeds for a long
time and he sees the need for either twin homes, single dwellings, or
apartments for married housing for starter homes or college students
that can't afford homes.
Reed Squires - They own the adjacent business Squires Brick. His son,
Tom Squires who is general manager of the business was also at the
• meeting. They are a family business with two other sons who are in the
business. The proposed zone change in their opinion would condemn
their business to a slow death. They started their business from
scratch when a cow pasture was there in 1960 and they built a business
that they felt was a service to the community and a needed business.
At that time Sam Beardall had created a trailer court on the north and
Ross Dunn and his partner created the original Block Plan on the
corner, then it was sold to Blaine Hendricks and Bert Curry. Blaine &
Bert manufactured blocks and did well until the flood. The reason for
their concern is they have a buffer zone with the trailer court on the
north, the canal on the east and the city street to the west. When
they put their business there was one white house across the street
belonging to Hy Clark which was on his 40 acre farm. All of the
development has came after they established their business at that
location. They have had some problems with the noise of the trucks but
have tried to keep the noise down and get along with the community.
They would like to keep their business there. They realize that the
city is not shutting them down but P&Z Committees will come and go and
so will the city council. Where people out number them, the city
officials will listen to citizens and voices and he can see what
happened to Skaar Feed Lot. There is a lot of brick in their lot and
they are concerned creating temptation because they have a certain
amount of construction equipment which are attractive toys to the
youth. Especially if you have families in that area they will be
looking right over the fence at the equipment. He felt there should be
• an industrial area along that street because most of that block is
don't
so the
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y
ness
already industrial. They are mostly a day light bus
disturb at night. He asked the board not to sacrifice the commercial
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t' area. They would like to go on record as using any influence that they •
have to leave this part of the block zoned as it is and leave the
natural buffer there. They try to keep their equipment off the street
just before school starts, during lunch and after school because of all
the children on the street.
J. D. Hancock - 124 South 1st West- He represents the majority of the
property owners between Main Street and 2nd South between 3rd West and
2nd West and he has interest in the majority of the property in that
area. They are definitely opposed to rezoning the property to H.D.R.
Referring to the definition of H.D.R. it is totally contrary to what Mr
Dietrich represented. He was talking about L.D.R 1 and L.D.R. 2, but
the notice said H.D.R.
Reasons for not rezoning:
(1) H.D.R. Zone would compromise the integrity of the neighborhood and
the surrounding area. This has been zoned Industrial since 1960 .when
the first zoning ordinance came into affect in Rexburg. We have the
Starlite Addition to the west, there is residential housing on the
north side, south side and east side. He lives next to Pine View
Apartments. Apartment Complex create more noise, more garbage, more
traffic, less safety and less privacy.
(2) It would be Spot Zoning. Spot Zoning is frowned upon because in
the properly and orderly development of the city, you want to keep the
integrity of the zones to stop erosion. Referring to 17th Street in
Idaho Falls, what use to be a nice residential area is no longer that •
way. That area is industrial and the property awned by Mr Ferguson was
just rezoned recently to Light Industrial so he could have a garage
shop at that location.
(3) Spot Zoning is bad because regardless of what people now say,
because it is an Industrial neighborhood, there will be numerous
complaints and Mr Squires can eventually be run out of business because
their operation is not compatible with that of a residential
neighborhood.
(4) There is already a surplus of H.D.R. property in the city. They
don't feel there is a need for anymore H.D.R. property. There is
plenty of available property zoned H.D.R. for those who want to
develope it. All the neighbors in his neighborhood wish they had never
approved Pineview.
Val Dietrich- He respects the concerns of these gentlemen. They didn't
want to present a problem. They had planned to have a exit on to 2nd
South to keep the traffic off 5th West. They would try to give this to
a clientele that wouldn't be a detriment to the neighborhood. Right
now they were looking at twin homes or in multiple of four but if they
wanted to go more then the H.D.R. would cover it. They would be happy
to show plans.
John Millar turned it back over to the board. Jim Long told him he had
not defined what will happen. Jim Long stated that before he approves
something he would like to know what will be developed and what he is
approving. Discussing the zoning surrounding this area. Mary Ann •
Mounts stated it would be spot zoning and she did not see it as a
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t~ • compatible use or any logical basis for it. Mike Thueson felt that they
were not specific on the request they are shooting for the moon.
A motion was made by Jim Long that we deny the zone change based upon
the findings that have been discussed. Seconded Doug Smith All Aye
John Millar told him they could take it to City Council or come back
with an alternate.
RE: ZONING MAP CORRECTIONS
TOPIC: (400,139,,,MAPS,ZONING MAP,2ND SOUTH,4TH WEST)
Question from Fred Calder about the zoning on 2nd South and 4th West?
John Millar showed the area on the map which is a little corner with a
quonset on it. Rose stated that when we did the new zoning ordinance
she remembered Mr Calder coming in and asking that this property remain
Industrial. John Millar said he remembered that too. There is no way
it could be zoned residential. He said he is sure it was an over site
and an error on the map. A motion was made by Mike Thueson that we
correct the mistake and correct the map. Seconded by Mary Ann Mounts.
All Aye
Joe told the board he thinks there has been another error in the map.
Off of 3rd North right next to Walters, we annexed Walters as
industrial but there is a little section of the map between north of
• the canal over to Walters property, where Tri State Tire has a
warehouse on the property, according to the map is a non zoned area.
It was felt it was an error in the map and it did riot get colored in.
A motion was made by Jim Long to correct the map to include that area
as Industrial. (There was no intent to 1-iave that area open space
because that would be inconsistent with the current use and it was an
omission.) Motion seconded by Mike Thueson. All Aye
RE: ROSEWOOD SUBDIVISION PLAT
TOPIC: (400,139,,,ROSEWOOD SUBDIVISION,PLATS,SILVERTREE BUILDERS,
WALKER*DR. ROBERT,SIDEWALKS,2ND SOUTH,BIRCH)
Silvertree Builders Plat for Rosewood Sub Division- They have gone over
it with Joe. There will be a collector mail box. This plat has changed
very little from the original plat except he has made the recommended
changes- radius changes, changed along Birch from four lots to three
and made it fit in a little better along that street. (Discussion on
right-a-ways and sidewalks.) John Millar stated where our street
section right-a-ways are not consistent with the sidewalk we either
require a wider right-a-way when dedicated and provide that capability
or quit pushing it. Joe stated he was going to talk about that later.
John told him the sidewalk will need to be shown on the plat and the
water line goes through the west side we will need an easement on that
on the plat. Brett stated that they show an easement going down that
side that is twenty feet wide. Joe showed them the improvement
drawings of the plat. He said we need to know where the sidewalks will
• be or if you want a sidewalk there or if you want to go as suggested
with the other five foot plus his one foot as part of the landscaping
along with Dr Walker's office. Mike suggested a block fence, but John
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r~ told him we cannot require that. (discussion) Brett said the sidewalk •
won't be used he would like to see landscaping. Discussion on
maintenance and landscaping. John asked him if he would work with the
adjacent property owners and share in cost to get that landscaped and
this board will eliminate the sidewalk right there. Brett said he
would run it past his partners, but he thought it would be fine. Dr
Walker said he would maintain it at least his half. The board felt
they would like to see it landscaped in that area instead of sidewalk.
Discussion that Dr Walker could incorporate his sprinkling system to
water the landscaping. They would need to work with Dr Crouch and Dr
Walker.
A motion was made by Davawn Beattie that along 2nd South we require a
10 foot parkway. On Birch they come within 1 foot off the property
line and leave it contiguous to the curb on the interior of the
development and work with the city and property owner on the North to
develope a landscaped area. All Aye
(discussion on the fire hydrant) A motion was made by Ted Whyte to
approve development plans subject to the final drawing approval by the
Department Heads. Seconded by Davawn Beattie. All Aye. He would come
into the next meeting for final plat approval.
Re Nae Mc Gee was at the meeting to discuss the Comprehensive Plan.
She gave a handout on a time table with meetings and public input. On
November 16 we would include the Swimming Pool Committee. •
Copy on file.
Joe handed out a Transportation Resolution and explained it. He showed
the arterials.
Meeting adjourned.
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September 25, 1996
Rexburg City Zoning Council
City of Rexburg
Rexburg, Idaho 83440
Subject: Property location: 377 West 2na South
Gentlemen:
\ • The subject property at one time was zoned as Commercial. As ne~v zoning maps were
revised the subject property by mistake got zoned as R-2. Perhaps this is because the remainder
of the block is zoned R-2. The subject property is separated from the remainder of the block by
the RR tracks and is not suitable as R-2 property.
Please change the zoning of the subject properly back to Commercial.
Yours truly,
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Fred Calder
Property Owner
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