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HomeMy WebLinkAboutP&Z MINUTES OCTOBER 09, 1996~~ ~~- DATE: (100996) Planning & Zoning 10/09/96 7:00 P.M. • Those present: Chairman: John Millar Members: Ted Whyte Mike Thueson Roger Muir Mary Ann Mounts Davawn Beattie Jim Long Doug Smith Excused: Richard Smith John Watson City Clerk: Rose Bagley Attorney: Stephen Zollinger Engineer: Joe Laird Val Christenson A motion was made by Jim Long and seconded by Doug Smith to approve the minutes. All Aye RE: ZONE CHANGE REQUEST - 248 S. 2ND W., STAN COLBORN TOPIC: (400,141,,,ZONE CHANGES,2ND WEST,COLBORN*STAN,STORAGE SHEDS) ( Stan Colburn was at the meeting to request a Zone Change for the • \ property 248 South 2nd West from HDR to HBD. He would like to put a storage building on the property for himself and possibly in future for Commercial use. Stephen explained that Stan wants the property zoned as it has always been used which is H.B.D. which would be consistent with Taco Time which is just 100 feet down the street. It would have the effect of being an island Zoned H.B.D. Joe suggested that we make all those businesses on that street consistent with H.B.D. zone and make a triangle. Stephen suggested that Stan go to those other two property et them to a ree to be zoned H.B.D. Stan cannot request a owners and g g zone change for those other two businesses only for his property. If he could get the apartment owners to agree that they would be okay with H.B.D. and just be grandfathered with the apartments. A motion was made by Davawn Beattie that we go to Public Hearing on his parcel and then he can have the option go to the other neighbors and see if they want to go in with him on the zone change. Seconded by Mary Ann. All Aye RE: PUBLIC HEARING FOR ANNEXATION OF PROPERTY NORTH OF REXBURG TOPIC: (400,141,,,ANNEXATIONS,BASIC AMERICAN FOODS,UNITED PLUMBING, LIVESTOCK AUCTION CENTER,WESTERN WEAR STORE,VETERINARIAN CLINIC, MENDOZA TRAILER COURT,GRACE BIRD ESTATE,SALEM HIGHWAY,RICKS COLLEGE) :15 P. M. Public Hearing for Annexation for three tracts of land to the city. There are three pieces of ground they are looking at (1) The Livestock Auction Center, Western Wear Store, and the Veterinarian • i Clinic. The easterly portion of Basic American Foods, United Plumbing & Heating, a portion of the Grace Bird Estate and the portion of the ~?' : ~~ morning. The police department did not pick up on it. Twice since he moved to the county, twice the county officers have contacted him if one of the gates were accidentally left open by one of the men. Gordon asked what he could expect in the future as far as the city assessing an L.I.D. to put in curb and gutter to keep it in harmony with the Business Park? Stephen. told him it would be too massive a project to even contemplate at this point. The advantage this business has is the city wants to annex them and we want to do it without imposing any costs that we require of the parties who request to be annexed. He could not assure Gordon that there might not be a development project somewhere down the road but county or city it would not make a difference. Basic American is looking at rerouting their traffic and they may deveiope that part of the street ir. order to better facilitate their trucks. Stephen told him he would be happy to sit down with Gordon and Steve and discuss relieving some of the concern. Zeph Quirl- Veterinarian Clinic- He also read a letter from Norman Erickson owners of Pmerican West who were against the annexation. (on file). Mr Quirt stated as owners of the Veterinarian Clinic they agree that they do not feel the annexation benefits out weigh the increased taxes. As far as police coverage they have an alarm system and they couldn't have better coverage with the city as they do with the ' county. The advantage to police protection is negative in their opinion. They are satisfied and happy with the sewer system they have and with the caater they have. They do not see any advantage with the • city's garbage service with comparing city rates with ccmmercial rates they are paying now. There is no benefit to annex to the city. They are concerned with 'the animals that they keep even though they would be grandfathered in. They have seen instances when the neighbors start to complain. They are concerned about their business, their freedom and right to operate their business as they wart and would like to voice these opinions. They would like to go on record from the Veterinarian Clinic of not wanting to be annexed. Louis Merrill- Rexburg Livestock Auction- This is new to him, he is a new owner of ten days. He did not receive the notice and has not had much background with what is going on. They intend to maintain the property as good as they can. There could possibly be days when there could be 1500 cattle at that facility for one day a week. He has questions as to cehat the city would expect. He would like to go on record as being opposed to the annexation. One factor they see at other facilities, especially at the Idaho Livestock Auction, with their chlorinated water which is a problem it takes the cattle until the second day before they will drink. John Millar told him Rexburg does not have chlorinated water. The well is in good shape, the sewer perhaps will need to be updated. He asked the board if they have thought as to what the future will hold in their behalf. He would be happy to hear those. John Millar told him if they did accept annexation, they would come in under full Grandfathered as the one in Idaho Falls has. That has been there long before they zoned the city and it is still there. As long as it is a Livestock Auction the Grandfather Clause would be in affect for that use. If you change the use it would be prohibited. It would be anyway because it is in the Impact Zone. Stephen stated as he understood their concern, the number I~lt Salem Highway that is between the two properties. (2) Is the Mendoza Trailer Court located between Horkleys and Basic American Foods on the south side of 100 North. (3) The college property that was purchased a few years ago from Deloy Ward. Tract 1 will be zoned H.B.D, Tract 2 will be H.B.D. and Tract 3 is open space overlay. Stephen stated that for the public record, Basic American Potato has already sent in a request that their portion of that property be left Industrial. It is the portion along the Salem Highway. John opened the hearing for public comment. Gordon Holley -Property owner of United Plumbing. He asked how this annexation would benefit him? John told him he would have availability of water and sewer with city rates and will get city police protection vs county police protection and also city garbage service. Gordon stated that he had been in business in the city of Rexburg for a lot of years before he moved to the county and one of the reasons he moved to the county was because the city wasn't doing things he was paying for. The city of Rexburg wouldn't haul his garbage because his garbage isn't paper boxes and that type of thing as most businesses are. When he put his garbage in the dumpster, they would call him and tell him it is too heavy. Even though he paid the city of Rexburg many years for hauling garbage, he has always hauled his own garbage and still does. He already has sewer and water. He has not figured out • how as a business man this will benefit him. Stephen told Mr Holley that he had talked to his son Steve and could not give him anymore information than has been given tonight. Possibly the ability to have access to those services is worth something. It may not be worth to Mr Holley now but if you every have to do away with your septic system hooking onto the city sewer system would be an advantage. Some of the services is the Rexburg Police Department provides a much quicker response than the county could ever provide, because we have a higher saturation of man power. You would not benefit from the garbage but we could start picking up the domestic garbage. If it is an annexed piece of property the value of the property will is enhanced. Stephen told him the city is asking him to help them clean up a messy city limits. Gordon asked if his property were to be annexed into the city limits, in the past if sewer is available, you are assessed sewer fee rather you uses it or not, would that happen to him? Stephen told him that isn't right only if it is stubbed out. The rule is if it has a service access, then you are accessed the fee whether you use it or not. Stephen stated just having it run down the front of your property you should not be charged. We do not intend to charge a monthly rate to people who are not accessing the use of the service. Gordon asked if he did decide to hook onto the city sewer, where it is on the other side of the Highway, it would be a considerable cost to run it to his side of the road. He has been in business on Main Street and knows what the city offers and has been disappointed in part of it. He had a back door left open all night, when his business was in town, and it was still open the next .," • morning.. The police department did not pick up on it. Twice since he moved to the county, twice the county officers have contacted him if one of the gates were accidentally left open by one of the men. Gordon asked what he could expect in the future as far as the city assessing. an L.I.D. to put in curb and gutter to keep it in harmony with the .Business Park? Stephen told him it would be too massive a project to even contemplate at this point. The advantage this business has is the city wants to annex them and we want to do it without imposing any costs that we require of the. parties who request to be annexed. He could not assure Gordon that there might not be a development project somewhere down the road but county or city it would not make a difference.. Basic American is looking at rerouting their traffic and they may develope that part of the street in order to better facilitate their trucks. Stephen told him he would be happy to sit down with Gordon and Steve and discuss relieving some of the concern. Zeph Quirl- Veterinarian Clinic- He also read a letter from Norman Erickson owners of P.merican West who were against the annexation. (on file). Mr Quirl stated as owners of the Veterinarian Clinic they agree that they do not feel the annexation benefits out weigh the increased taxes. As far as police coverage they have an alarm system and they couldn't have better coverage with the city as they do with the county. The advantage to police protection is negative in their opinion. They are satisfied and happy with the sewer system they have and with the water they have. They do rot see any advantage with the • city's garbage service with comparing city rates with commercial rates they are paying now. There is no benefit to annex to the city. They are concerned with the animals that they keep even though they would be grandfathered in. They have seen instances when the neighbors start to complain. They are concerned about their business, their freedom and right to operate their business as they want and would like to voice these opinions. They would like to go on record from the Veterinarian Clinic of not wanting to be annexed. Louis Merrill- Rexburg Livestock Auction- This is new to him, he is a new owner of ten days. He did not receive the notice and has not had much background with what is going on. They intend to maintain the property as good as they can. There could possibly be days when there could be 1500 cattle at that facility for one day a week. He has questions as to what the city would expect. He would like to go on record as being opposed to the annexation. One factor they see at other facilities, especially at the Idaho Livestock P.uction, with their chlorinated water which is a problem it takes the cattle until the second day before they will drink. John Millar told him Rexburg does not have chlorinated water. The well is in good shape, the sewer perhaps will need to be updated. He asked the board if they have thought as to what the future will hold in their behalf. He would be happy to hear those. John Millar told him if they did accept annexation, they would come in under full Grandfathered as the one in Idaho Falls has. That has been there long before they zoned the city and it is still there. As long as it is a Livestock Auction the • Grandfather Clause would be in affect for that use. If you change the use it would be prohibited. It would be anyway because it is in the Impact Zone. Stephen stated as he understood their concern, the number of animals might increase with a productive day as opposed to a non • productive day and non of that would be affected by annexation to the city. The ability to use that property the same way as it has been used would not be impacted by being annexed to the city. Stephen told him that his facility has repeatedly called the city police because they could not get response from the county even though it is not in our city. This happens because sometimes the county only have one deputy on duty and he is in the other side of the county. If the alarm goes off we will respond. We made an agreement with the county that we now will have vehicles in that area and will assist them if at all possible. We are looking for your cooperation so we can fix a problem which has been created before which is a strange and unmanageable city limits. We have to drive our snow plows over the county roads to get back on city roads. Stephen invited him to come in and talk to him and the mayor at his convenience and discuss it. John Millar reported that he had received a letter from Chuck Frost representing Ricks College stating that rather than being zoned Open Space they would like to be zoned University Zone. (copy on file) John then turned the hearing bacl; to the board for further discussion. Ted asked if there were future plans to widen the road and extend out to the North Interchange. John told him it is a county road, if the city annexes this piece then the city will take responsibility for the road within the c_ty limits. Someday it will happen. Roger's concern and the people in his area also have the concern, • because of the businesses there will be a lot of traffic and because of that what has been annexed has not annexed the Salem Road. We feeli~ the city is going to annex property they need to take responsibility of the road. The city can't get the it equipment to the Business Park without going on county roads and they have impacted the Salem Road. Steohen told him that the last annexation created a very difficult city limit. We are going to try to rectify that. John e~;plained the city did not feel they should annex the whole road where they only had interest in half of the road. It is not feasible to have the center line east belong to the city and the center line west belong to the county. Stephen stated that the State is uncomfortable with the last annexation because of the city limits it created. Doug Smith stated in his opinion we have heard these gentlemen here and he had not heard anyone that was in favor of the annexation. Maybe we had better do a better sales job on it or held off on it. The board questioned what about the Trailer Court and the Grace Bird Property. We ,have not heard from the Trailer Court. The Grace Bird property is represented by Mike Kam and he had no concerns with annexation, they would support it. (discussion on a possibly Basic American Potato might change the traffic flow and the change might influence Ho11y Plumbing.) • A motion was made by Jim Long to table the annexation to see if the attorney can check it out and cor_tact the property owners. Seconded by ,., `~" ~. • Mary Ann. Mike and Davawh declared a conflict of interest. All others voting aye. RE: SITE PLAN FOR DEVELOPMENT AT 350 S 5TH W - MELALEUCA, TERRY BAGLEY TOPIC: (400,145,,,SITE PLANS,5TH WEST,MELALEUCA,BAGLEY*TERRY,PARKING) Terry Bagley site plan for a development at 350 South 5th West. Terry told the board this is the old diet center property. Melaleuca uses the one building and they are renting from. him. They only signed a one year lease. It looks like they need more space but they won't commit to anything. They are trying to anticipate their needs. The old diet center building was about 30,000 square feet. They are only proposing to re-build 24,000 square feet. They have one other potential tenant now, two farmers that want to park their equipment in the shop. He showed two parking plans Parking Plan "A" shows 25 parking stalls and they have left the entire front without any parking or any entries, because they are also trying to get U.P.S or FED X or both of them to utilize this as a terminal. Plan B shows 48 parking places. In terms of parking after reading the zoning book this really does not fall under any classification. There is a classification manufacturing which shows 1.2 parking spaces per 1000 square feet. There isn't anything for warehouse. Right now the Melaleuca building is 42,000 square feet and may have 25 employees and there is 46 parking places. They are assuming the 24,000 square foot building will need scmething less that 25 stalls especially if they are parking farm equipment in it. They have enough land that they will provide parking for all of their tenants when the need arises. All of the area around is currently paved and could be made in parking. There is already landscaped planter with is over 700 square feet of landscaping and they will retain it and it more than meets the requirements. They need to order the steel and would like to get approval of the site plan. Joe suggested that with the canal there it would act as a 7' Buffer. Industrial next to residential does require a landscaped strip as a buffer. Discussion on the number of parking, Melaleuca has 46 parking stalls and they are only using 25 stalls. (discussion) Joe suggested that our ordinance doesn't really cover this type of situation as far as parking goes, he felt it would be good if we had another category in our ordinance. A motion was made by Jim Long to approve the site plan as proposed at this point and if they need changes because of construction or there is a change in the business use that will require more parking, the parking will have to be reviewed by the Planning Board. As long as the parking remains commensurate with the use the building there will be no problem. Seconded by Davawn Beattie. All Aye Discussion on fire hydrant. • t 1} f j(( ,~,.~,F; t RE: ROSEWOOD SUBDIVISION FINAL PLAT APPROVED. • TOPIC: (400,146,,,ROSEWOOD SUBDIVISTON,FINAL PLATS,2ND SOUTH.) Brett Hastings presented a final plat for Rosewood Sub Division. He had met with Joe for him to check all the changes this board had asked him to do. Joe felt they had addressed all the problems or concerns. They had not run it through any computation checks yet, but he felt it was okay. A motion was made by Ted Whyte to approve the final plat for the Rosewood Sub Division subject to departmental approval. Seconded by Jim Long. A11 Aye RE: APPLICATION FOR ANNEXATION OF PROPERTY NORTH OF GREASE MONKEY TOPIC: (400,146,,,ANNEXATIONS,GREASE MONKEY,2ND EAST) Brett Hastings presented an application for Annexation for property to build a retail store north of the Grease Monkey on 2nd East. He showed the plot plan. This one will be the fourth building. He showed the parking area. They have met what they are doing at the Grease Monkey. They bought the property from Farrell Davidson and they said the title search has all been done. The owner of this building they will be building has asked that we not reveal his name or the name of the business for 45 days. It will be a retail store, which would fall under category of furniture, home furnishings. It will require one parking spot for 1000 square feet of building. The building is 8000 square. feet and there are nine or ten parking spaces. John Millar stated he knew the use and would recommend more parking. Brett stated that there is room to put additional parking along side of the building. They will be keeping an access road. A motion was made by Mary Ann and seconded by Jim Long to go to Public Hearing for the Annexation. A11 Aye The board questioned storm drainage and sewer and water. Brett showed the drainage and utilities. They could stub to the city storm drain. They will bring the ground level up two feet also for the flood plain. There will be a five foot sidewalk. Discussing the use of the property and the parking and what kind of a business it would be. John felt it should be 16 parking places. A motion was made by Jim Long that we accept the plan contingent that they put in 16 parking spots. Seconded by Davawn Beattie. All Aye ReNee Magee was at the meeting to discuss work on the Comprehensive plan. She discussed Listening Posts that we were going to set up and gave assignments. (copy attached) Meeting adjourned. • -1F e~ (.` E SCHEDULE FOR PLANNING COMMISSION LISTENING POSTS FRIDAY, OCTOBER 25 SATURDAY, OCTOBER "26 Location 11 a.m. - 1 p.m. 1. p.m. - 3 p.m. Wal-Mart (Friday, ong/Millar October 2b) ~.... Bagley Albertson's (Saturday, Tomsett Tomsett October 26) Long ~fhueson Broulims's (Saturday, Magee Magee October 26) ~ Mounts ~ .~°~~ -~-<~~,,L Pf Food Center (Saturday, J ~lVhyte Muir . October 26) Bagley Listening posts are a convenient "storefront" approach to collect information from citizens about interests, opportunities, values, attitudes, and concerns. Listening posts are conducted by Planning Commissioners in easily accessible locations such • as grocery and discount stores. People stop by and identify their favorite place on a simple map of Rexburg, voice concerns, and .complete a questionnaire. Listening posts help the public become acquainted with the comprehensive planning process and the Planning Commission. They also demonstrate the Commission's commitment to listen to the community. The data collected at listening posts will be collated and used to prepare future citizen participation activities and the comprehensive plan. The process at the listening posts are very simple. It consists of only three steps: 1. Visit briefly. 2. Ask each person to put a dot on their favorite place in Rexburg. Yes, it can be their home, if they do not have apublic/semi-public favorite place. 3. Ask each person what are the best features of Rexburg and what they would change about Rexburg. Some people will use the pencils available and complete the questionnaire themselves. With most people, their comments need to be recorded on the questionnaire by the Commissioner. •