HomeMy WebLinkAboutP&Z MINUTES MAY 14, 1997,~ ~ , .
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DATE: (051497)
Present were: Chairman:
Members:
Excused:
City Clerk:
Engineer:
Attorney:
Council Person:
Minutes:
Planning & Zoning
05/14/97
7.00 P.M.
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Mary Ann Mounts
Davawn Beattie
Jim Long
Richard Smith
Roger Muir
Mike Thueson
Ted Whyte
Doug Smith
John Watson
John Millar
Rose Bagley
Joe Laird
Stephen Zollinger
Marsha Bjornn
DaNiel Jose
A motion was made by Jim Long and Seconded by Davawn Beattie to approve
the iiilniwtcS of 4/23/97
RE: ARCHIBALD INSURANCE AGENCY
TOPIC: (400,186,,,SILVERTREE BUILDERS,MURDOCK TRAVEL,RAINBOW PARK,
ARCHIBALD AGENCY)
Troy Hasting of Silvertree Builders, showed a plot plan for
improvements to Archibald Insurance agency. Their would be an addition
to the west side of the existing building of 3000 square feet. A pad
would be put in the back for future retail use. The plans showed that
the parking would exceed the regulations for HBD. The building will
be 120 feet from Rainbow Park parking lot. The parking lot will merge
with the existing parking lot behind Murdock Travel
Joe questioned the exit out drive way by Murdock Travel and what was
the plan for the snow removal. Would the French drain have to be
moved? There is a storm drain in the back. Troy indicated that the
plans show drainage over the sidewalk. Was not completely sure where
the storm drain is located. Discussion.
Davawn Beattie made the motion to approve the plans Jim Long
seconded,all aye.
RE: DEAN BIRCH APT. SITE PLANS APPROVED
TOPIC: (400,186,,,DEAN BIRCH,APARTMENTS)
George Benson showed the plans for the Dean Birch Apartment site
plan. Davawn Beattie accepted the plot plan Ted Whyte Seconded, all aye.
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RE: JARED SOMMERS
TOPIC: (400,187 ,.,,APARTMENTS,C.U.P.,SHERWOOD HILLS)
Jared Sommers showed the plans for parking and Request for the
Condition Use permit for apartment in the basement of his home in the
Sherwood Hills. Mike Thueson moved that it go to Public Hearing and
Jim Long seconded, All aye.
RE: WILCOX & SONS INC. POTATOE FRESH PACK
TOPIC: (400,187,,,WILCOX*LYNN,POTATO FRESH PACK,SIDDOWAY,
POTATO SERVICE OF IDAHO,PUBLIC HEARING)
Public Hearing for Wilcox & Sons inc. for zone change to put in a
fresh pack. Mary Ann opened the public hearing (notice enclosed)
Notice of Public Hearing Regarding Proposed Rezoning. Notice is hereby
given that a public hearing will be held before the Planning and Zoning
Committee of the City of Rexburg, Idaho, Wednesday, May 14, 1997, at
7:30 P.M., in the Council Chambers of the City Building at 12 North
Center, Rexburg, Idaho, regarding proposed rezoning to provide as
follows:
That the owners of the following described property request that
it be rezoned to Light Industrial. The property is located within an
AgriCi.iituTe Zvlie at ti'ae present t3.me.
The property is located within the Impact Zone at approximately •
1500 South between the old highway and the South off ramp, Rexburg,
Madison County, Idaho, and legally described as follows:
Beginning at the Southwest corner, Northeast 1/4 of Section 36,
Township 6 North, Range 39 East, Boise Meridian, Madison County,
Idaho, said point being North 89 53'15" East, along the section
line, 1314.41 feet; thence North 00 23'08 West, 1308.50 feet
from the Southwest corner of said section 36 and running thence
along the the lingitudinal 1/16 line, North 00 26'08" West,
696.48 feet to the East right-of-way of Highway 20-191; thence
along said highway right-of-way line, North 22 39'47"feet; thence
along the highway right-of-way line, North 20 54'09" East,
611.46 feet; thence along the highway right-of-way line, South
89 58'09" East, 227.14 feet; thence along the highway right-of-way
line on a curve to the right,(Radius 904.93 feet, Delta 30
10'55", Chord Distance 471.20 feet, Chord Bearing South 74 57'23"
East) 59.02 feet to the Railroad right-of-way; thence along said
railroad right-of-way line, South 30 09'09" West, 1335.78 feet to
the latitudinal 1/16 line; thence along said 1/16 line, South 89
54'45" West, 292.39 feet to the point of beginning. {Containing
approximately 17.9 acres)
Together with the parcel described as beginning at the point of
the intersection of the South line of Section 36 and the West
right-of-way line of the Railroad right-of-way, said point being •
North 89 53'15" East, 867.69 feet from the Southwest corner of
Section 36, Township 6 North, Range 39 East, Boise Meridian,
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;~ • Madison County, Idaho, thence continuing along said railroad right
-of-way line North 30 07'47" East 1514.67 feet to a latitudinal
1/16 line; thence along said 1/16 line South 89 52'45" West
292.39 feet to the Northwest corner of the Southeast Quarter of
said Section 36, said point being the true point of beginning; and
running thence North 00 23'08" West 654.28 feet along a
longitudinal 1/16 lint to a 1/64 line; thence South 89 52'30" West
17.92 feet along said 1/64 line to the East right-of-way line of
U.S. Highway 20-191; thence along said highway right-of-way on a
curve to the left (Chord Bearing South 22 34'53" West, Chord
Distance 576.21 feet, Radius 11,389.16 feet, Delta 02 53'57",
Tangent 181.11) 576.27 feet to a concrete highway right-of-way
marker; thence South 22 42'58" West 133.14 feet; thence North 89
52'45" East 295.00 feet to the true point of beginning.
At such hearing the Planning and Zoning will hear all persons and
all objections and recommendations relative to such proposed rezoning.
This notice is given pursuant to the provisions of Section 67-6509
and 67-6511 Idaho Code, Rexburg City Ordinance 725, Chapters 6 and 10,
and all amendments thereof.
DATED this 30th day of April, 1997.
PLANNING AND ZONING
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Rose Bagley, Clerk
(Seal)
Mary Ann stated that Mr. Wilcox would like to present his proposed
plans.
Lynn Wilcox stated that Mr.Laird had a colored copy of the plot
plan. The Planning and Zoning looked over the plans. We've tried to
come up with a site plan that would address all the parties in the area
and the concerns of the City Engineer and planners with the help of
John Millar I think we have addressed all of the issues which are a
concern to everyone. Including the issues which were presented on your
request or requirement on a site plan approval. We have a road which
will enter the property from the north side of the property. And will
go approximately 550 to 1275 ft. It has the exact measurement on
here, but its not to scale. It will enter the property and the come out
on the east side, and we are providing the proper railroad signals that
are required by the rail road. We are also proposing that lots be
created on the north end of the property and that they be sold off,
with North Highway access. Our portion of the property will be on the
south end. I think we have addressed all of the issues. There is one
party which had a concern which would be Potato Sevices of Idaho the
seed cutting place to the south and the west of the location. I've
tried to provide a buffer zone between us, with landscaping and by
• putting the portion of our building which would affect them at the
furthest point from them. Doug Smith asked if he planned to hook into
the City Sewer,and if the city would be monitoring the discharging for
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the fresh pack. Lynn indicated yes. Then Doug asked if there would be •
a settling pond. Lynn said that they would have a settling pond similar
to the one that High Country Potato has on the north side of there
building. You have to settle the solid material out of the water before
it can be discharged into the city system. Lynn indicated that Mr.
Laird could address this better than he could. Joe Laird indicated that
there was three ways I guess that you can get the contaminates out of
the water, first is in the interior of there building which they will
be more or less center fused with devises that will get the majority of
the contaminates out. Then it goes to a flowing pond and takes what
solids are left and settles them out and then there is a larger pond
like High Country has which gets the last of the Colloidal and that
kind of things settle out to monitoring man hole. Where it is then
monitored for quality and other solid material.Which there classified
as an industrial user and there in-charge of there based upon flow,
which is the Biochemical oxygen demand and there TSS which is total
suspended solids. So at the time that it gets through to these two
ponds at the time it gets to the first pond its pretty clean, but by
the time gets through the other the dirt and other matter is pretty
settled out. There is very little putrifiable matter in it when it
comes. Its mostly just the dirt that were trying to get out before it
gets to the sewer treatment plant so it won't damage our blades on our
machines badly. Jim Long asked Joe who monitors this the City or the
State. Joe then explained that the city does the monitoring at the man
hol@, ther° bill depends upon that, Tod Whyta then asked if the pit
would be cement lined. Lynn Wilcox said yes on the sides. Ted then
asked what was on the bottom dirt or what. Lynn responded my •
understanding is that they have to be a solid concrete pit, Joe is that
correct? Joe said that is my understanding. Lynn then indicated that
DEQ has pretty standard guide lines that you have to follow. Doug
Smith then asked what are the concerns about the bacteria and viruses?
I mean we hear about them spreading across the state and stuff as far
as the Blight, is there any back ground on any of these things? How is
it going to affect this guy? We get a bad wind and it is over. I
guess I can't say I don't know. Lynn Wilcox then answers I guess
that I can try to address that question with my knowledge, which I'm
not an expert. His greatest danger lies within his own facilities. If
he can get contamination for a inbound feed lot that has a virus in it,
his chance of spreading the disease within his facilities, which is far
greater than from any exterior source. While in fact there may be
possibilities for viruses like blight to be air born the chances of
this landing on a potato and being viable are very small. It would
have to have green growing matter to .live. Someone asked if there
would be old potatoes floating around. Lynn then that they had made
provisions in the design of .the plant to handle solid waste matter,
which we indicated earlier. There will be a location were all the
solid particles and particles large enough will be strained out. They
will be strained interiorly and all the matter will be held in a
container and then later hauled away by dump truck to a proper
location. Davawn then asked about the customer and if they would be
the same as Mr. Siddoways. Lynn then indicated yes we buy potatoes
from the same people that Mr. Siddoway sell the seed potatoes to. Its
in our best interest to keep the facilities as clean as possible. Ted .
then asked Lynn that if he was a farmer would he worried about buying
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`~~ • seed from Potato Services of Idaho. Lynn then indicated that he does
worry about .buying seed but his concern are about the seed before it
actually goes to the seed cutter, the fact that the seed may be
contaminated interiorly inside his building if he has an in-affective
disease killer that comes in the contamination can be spread a long
ways before his facilities would ever dissipate. Then Lynn was asked
what kind of certification process is there before the actual seed
grower can be certified. Lynn said that his understanding was that
they at this point in time that all seed had to be certified in the
State of Idaho. His seed would have to be meet all the requirements.
There incidents that limited viruses are allowed. I'm sure that there
is always possibilities that mistakes can be made in inspections. Jim
Long then indicated that Mr. Siddoway had to buy from a certified
seed grower, where Mr. Wilcox doesn't have to buy from a certified
grower for a fresh pack. Lynn Wilcox then said that at this point
and time yes he does have to buy from a certified buyer because all the
seed that is planted in Idaho is certified seed. So we would be buying
it from certified growers. Because he is required by law to buy.
certified seed. Doug Smith then asked if Siddoway just cut seed or
does he buy seed to cut. Lynn then indicated that Mr.Siddoway does
both. Jim asked if Lynn had any clue to what percentage of disease are
air born. Lynn replied that he-was sure that there are other people
that are more qualified to answer that question.
Doug Smith asked why didn't you move the location of the building to
the ....°th end Cf lot tC y^iVe th°... that gytra hi„ffcr? T.ynn gai d that
~ the reason that we felt like the south end of the lot was the best
`~ • location for the plant because it would have free-way access and
frontage on the road going to the highway would be better for
commercial development. Lynn also stated that the property was pricey
enough that the amount of money required to put the plant at that end
of the lot was not economically feasible. Davawn asked if he has the
approval to cross the Rail Road off of highway 191. Lynn stated that
there is already a crossing there. John Watson then asked what the
time schedule would be. Lynn indicated that projects always take
longer then planned, but they were hoping it would be on line by the
end of the year. Ted Whyte asked if they were to be on city sewer and
water if there would be a lift station put in? How would they handle
the capacity and this type of things. Joe replied that this is an on
going problem. The plans show that the city water will be extended down
the to plant and the sewage will have to be pumped back up to the end
of the sewer that exists between Burger King and the Dome Building we
are trying to see if we can put a regional lift station in that will
be for that south end. (Referred to the Map) Mike Thueson asked how
feasible is it with the administration to do something with that. Lynn
replied that he was probably not the best person to answer that but
they are working with ECIPDA to get funding for that and they believe
that its a good project.
Thane Siddoway (letter) Letter addresses the concerns that will
affect his business. No matter how clean the fresh pack is I believe
it will be damaging to my business. A fresh pack facilities has every
kind of potato coming into from those that are very concerned about
• cleanliness to those that don't care. From people that I buy and sell
from to those who bring there seed potato into my facilities to be cut,
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f,, are not the same people that do business with Mr. Wilcox. They are •
called certified seed growers.. The standards that we have in that
building is that nothing enters into that building without a
.certification number, or a certified tag attached to the truck. We deal
strictly with seed growers that are in that certification program, that
meet certain standards. Yesterday I had a fellow stop in to have some
seed cut, he and I was visiting, he saw were they we're moving some
dirt. He said looks like your going to have a neighbor. Yes it looks
like a fresh pack may be going in next to me, how does affect your
willingness to do business with me. He said well I wouldn't like it
for sure. I guess I would have to wait and see how clean that
operation was, and if was extraordinary clean I would probably continue
to do business with you, but it would be big concern of mine. But if
it looks like it wasn't being cared for, then I wouldn't do business
here. My concern is if we have to wait to see if the Wilcox's takes
care of the facilities it might be to late. It will be to late for my
business because things will already be in operation. My concern as
addressed in the letter are the same. Perceptions of my customers are
that it is a bad deal. If fact several people stated that. They would
seriously reconsider whether or not to ever do business with me. This
is extremely important to me. If my customers were to call me and have
me explain this to them before I was finished I would have lost them
before I get off the phone. My concern is the same, and preference is
t this can not be allowed to go in. Davawn asked about High
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p° Cperat~On, Thane stated that it wag g4r,?d, He 1S pleased
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- that it was that far away. Then Thane was asked if he had the same
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concerns with them as he does with Wilcox. Thane stated that they
are the same. If you was to go to the west of the building you will see
the settling ponds and some days they are not very pleasant. They are
top notch operators. But I still have the same concerns. Jim then
asked about the pit which was on Siddoway's property. Thane
indicated that it was for gravel only. Thane was then asked if there
was any waste dumped their and he answered that there waste was hauled
to the dump. He also stated that there was a lot of disinfecting
between each lot. Quit often that will cause some run off, that we
have going into a sump. That sump drains into a stainless steel tank,
we call it an evaporation tank. After it gets full we slurry it out.
Davawn asked if wind breaks or screens were put in would that ease your
mind? Thane then replied, it would help, because that would help the
perception that there is a definite difference between my business and
theirs. But it wouldn't solve the problem as .far as the air born
contaminations are concerned. Doug Smith asked if there was any
documentation about the air born viruses. (Discussion) Richard Smith
answered yes that the seed is certified and has been tested by the
Idaho Crop Improvement, to be within disease tolerant. Someone then
asked if that meant that it was disease free. Richard that answered no
nothing can guarantee it to be disease free. Richard then explained the
different testing and the standards that the State tolerates in seed
potato. Thane then explained different testing by the State and field
testing which the state conducts for certification. Doug Smith then
asked Thane if High Country Potato was in operation when he started
his business? Thane then replied yes. Doug then asked if was a
concern with them being there? I don't know I guess that they are far •
enough away. Thane was then asked how often are you going to get
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prevailing winds that will be blowing from there property to yours, or
yours to theirs? Thane then answered I can't tell you that the wind
always come from the north, I know that its always cold. But I can
tell you that there is a perception that disease goes with a fresh
potato warehouse and whether that is real or not, I can't explain to a
customer that says I don't dare go to your facilities any more, that
the wind only blows this way only this often, or the this settling pond
meets this certain standard that doesn't cut it with these guys.
Reality and not reality are important the perception in my business is
probably the important thing. Someone then asked who his competition
in this area. Thane then explained that in the seed cutting business
he doesn't have any in the upper valley. The closest one would be in
Burley. Someone asked if this farmer which Thane was visiting with
was to go somewhere else where would he go? Thane answered by saying
that they would arrange with a neighbor to buy a seed cutter or buy
from a seed grower that would cut them for him. Richard Smith said then
the seed grower is basically getting into Thanes business. Where
there cutting there.. own. seed after 5 to 8 years. Steve Zollinger then
asked if Hoopes cut-..there potatoes. Richard Smith stated yes they do.
So they would Thanes competition. They're closer than Burley.
Thane Siddoway said yes you are correct. But I don't consider them
competition because they are not a commercial operation. John Watson
then stated that his .problem is the perception (referring to zoning
ordinance) where I'm a nonagricultural type of person. I don't see a
i.~. fforennc Tha 1 a:,c ahp , l rl ha i n rrna 1 i tv cnni_rnl Rahn 1 a i nnG
are such that your business should be protected, the same as any other
business in the agricultural business, and as I looked through the
Ordinance I looked for a good analogy and I noticed that a funeral
parlor can be built adjacent to a hospital. They are permitted uses,
and I thought now there is a perception. I wondered if this was the
same thing. I could make a good case, the perception of the hospital
is a very critical issue to the people that use that facilities. If
they can build a funeral parlor their then I can see all of people
saying that I'm not going there. I'll go down the valley. I'm just
wondering if its the perception issue. Thane answered the farms
sprayed for blight leaf last summer I'm not sure if blight leaf was
found in Eastern Idaho for sure. Yet the perception was that is was on
its way its coming, so what do we do, we spray for it. Jim Long you cut
the potato, but your also spraying for diseases. Thane said yes. Jim
then asked how many pathogens do you treat for? We use Mankinzel
which is treatment for fungus and bacteria. Jim then asked if its
treated for viruses. Is there any thing anybody can do for viruses?
Thane then states if its in the seed then its in the seed. Jim Long
then states that the grower will get it in any way. He won't get it
from the grower next door. Richard Smith said let me give you an
example an operation like this will not let one of my trucks even roll
through there facilities without having the wheels totally disinfected
or I could carry ring rot that is what your faced with it is a disease
free environment. When I go to a certified grower to buy seed before
you enter the cellar you dip your feet in disinfectant. So the
perception is a little different then a funeral parlor and hospital.
Because its a direct threat to me as a grower. Jim Long then asked if
Ring Rot a fungus or virus? Thane then told Jim that Ring Rot was a
bacteria. So your treating for that. Thane told Jim that you cannot
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treat for Ring Rot, period. Stephen then interrupted for a moment to
let them know that they had gone far a field from what they were trying
to decide. We don't need to understand the process, unless Mr.
Siddoway is prepared to tell that there is a real threat, as appease
to a perceived threat, he himself indicated that he is not prepared
technically to establish a difference between 800 ft. and 2000 ft.
which are the two distances which we are talking about here. High
Country is 2000 ft. with the exact same process. This would be
800 ft. granted your perception is a-big concern which needs to be
given some discussion, but its not something that you can base your
decision on unless there physically incompatibility of the buildings.
Mary Ann Mounts then asked if there is someone that can give there
professional opinion? Stephen then states that he thinks Mr.Siddoway
has to establish the fact that there is a physical incompatibility of
these structures not a commercial incompatibility of these structures.
Then someone says wait a minute I thought I heard his say that. Stephen
than said wait I though that I heard him say he couldn't tell the
difference between 800ft. distance and 2000ft. distance. Know if
you have some technical data that establish why High Country is
physical more compatible with your business then this one would be
other than the commercial perception. Thane then stated that he does
not have any. Stephen then said would you agree that if its an air born
type bacteria or something of that nature, unless someone would like to
tell me that 1200ft. makes the difference on an air born bacteria,.
caiid it may "very weii, doia't get iTie wrviig. But i thi.:k that's the
~- evidence that you need to present tonight not the discussion, clearly
there is a threat that if a bacteria that gets into his facilities, or •
a fungus or one of those blight he's got a problem. But just because a
farmer believes it is to close at this distance and that he wasn't at
2000ft. isn't a scientific bases upon which to base that. Commercial
analysis is beyond the scope of the Planning and Zoning, they can`t
analysis based on a commercial nature. Otherwise every time we wanted
to change a zone there would be a commercial argument rather than a
just the physical compatibility. That's not allowed, so I think, I'm .
not meaning to cut you off but I think that it might be the best course
for you to allow for 10 to 14 days for Mr.Siddoway to provide
physical evidence to this group and to the Wilcox Brothers so that
they can have a chance to address your concerns physically. They would
be available for the group to review and they could make a discussion
in 14 days at the next meeting as to if it a physical compatibility or
a commercial compatibility. Dan Spaulding from One Stop was
concerned about the traffic from 1500 south. We already have a traffic
problem in there at certain times of the day, basically when the
railroad arms are down. We can't get into the property. If we add more
trucks there it is going to be problem. I see that there is another
access there. The crossing is small there know, the crossing may have
to be developed. Route the truck traffic around that other way to save
the congestion on that other road. That is my only comment. Jim Long
then asked if that was developed. Yes it is already developed someone
stated. Wayne Thompson said his concerns were the same with the road
concerns. Rogar Muir Motion to table the public hearing and continue
in two weeks. Mike Thueson Seconded.
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RE: D.J. BARNEY IS REQUESTING TO HAVE AN AUTO REPAIR SHOP IN A
RESIDENTIAL AREA.
TOPIC: (400,194,,,BARNEY*D.J.,ROWBERRY,AUTO REPAIR,IST NORTH)
D.J. Barney is requesting to have. an auto repair shop in a residential
area. Dale Thompson summary of background on property at 410 West
lst North. Rowberry's had a commercial business of truck repair
etc. they were there since 1987. In 1994 the Barney's bought the
property from the Rowberry's and continued doing auto repair there.
D.J. came into get a business license because he had been operating
with out one. The business license was denied because he operating a
business in a residential area. The question is he grandfathered
because he is operating the same sort of business as the Rowberry's,
or does he need a Conditional Use Permit or to rezone? The Planning and
Zoning thought that this was more of legal issue than a Planning and
Zoning issue.
The Planning and Zoning Committee thought that is was the same sort of
business. D.J. Barney said that he will continue to do improvements on
the lot as his money permits over the years. He would like to put a
sign on the building. Jim Long asked about parking in a residential
area. D.J. showed the plot plan improvements he indicated he was going
to put up a 6'cedar fence, he's planning to be on the city LID to put
in sidewalks, put in grass and trees, the parking will be right around
tha ghnp, D.~T_ Rarnay agreoG to nQi- pi~+ up any Sign ~r Wither frJr~ns of
commercialization. The Planning and Zoning agreed that it was a
Continuation of a Non-Conforming Use Permit. Richard moved for i.t to be
a Continuation of a Non-Conforming Use Permit. Davawn Seconded. All
Aye.
Note that the Planning and Zoning would like to addresses truck in the
Zoning Ordinance.
RE: VANCE REQUEST FOR A DAY CARE IN THEIR HOME
TOPIC: (400,194,,,C.U.P.,DAY CARE,VANCE*NATHAN)
Nathan and LeeAnn Vance request for a Conditional Use Permit for a
Day Care in there home located at 269 Rodney Dr. They have converted
the basement of there home into the Day Care. The house has been
brought up to fire code. The fire department said there is room enough
for 26 occupancy. They have made additional parking in the front of
there home. Mary Ann asked if the Vance were licensed by the State
to operate a day care. LeeAnn indicated that they had not yet
applied for the license from the State because they were waiting for
the City to approve it. It will not be a drop in day care there will be
a registration fees. Stephen stated that an affixed sign is not
allowed. Stephen indicated that the day care doesn't qualify for the
home occupation. This is classified a day care. The Planning and Zoning
Committee determined that if they have 12 ar less in there home at one
time then they can operate it as a home occupational. If they are to
have more then 12 then they need to Conditional Use Permit. Richard
Moves that it goes to Public Hearing. Jim Seconded it. A11 Aye.
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RE: FENCES
TOPIC: (400,195,,,FENCES)
Stephen then opened discussion to make a decision for the fences.
Committee discussed that that 50~ see through or 5ft. set back or 15
feet form curb. Could not come to a decision. Tabled until next
meeting.
Adjourned by Jim Long. Seconded by Mike Thueson