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HomeMy WebLinkAboutP&Z MINUTES JULY 22, 1998ci • • • DATE: {072298) Present were: Chairman: Members: City Clerk: Assistant Engineer: Councilmember: Planning & Zoning 7/22/98 John Millar Gary Steiner Jim Long John Watson Davawn Beattie Ted Whyte Mike Thueson Rose Bagley Val Christensen Bruce Sutherland A motion was made by Ted Whyte and seconded by Jim Long to approve the minutes of 7/8/98. All Aye RE: RANDY BIRD REQUEST FOR CONDITIONAL USE PERMIT TOPIC: (500,97,,,C.U.P.,APARTMENTS,SITE PLAN) Val Christensen presented a preliminary site plan for Randy Bird. It was not complete enough for a plat plan. He will need to show the drainage, it will be three stories and he will need to show the sprinkler. The .building can't be as high as he showed. He will need a Conditional Use Permit because it is O'vEr 24 units. He needs to incorporate the two lots together. This is located. between the armory and the old radio station. There will be 36 units total and to be fair with the neighborhood he will need the Conditional Use Permit. A motion was made by Davawn Beattie and seconded by Gary Steiner to schedule it for Public Hearing for a Conditional Use Permit. All Aye RE: PUBLIC HEARING FOR KEVIN TAGGERT TOPIC: (500,97,,,ZONE CHANGE,TAGGERT*KEVIN,C.U.P.,MAIN ST.,1ST W. PUBLIC HEARING) 7:15 P.M. Public Hearing for Kevin Taggert regarding (1) Changes of the Rexburg, Idaho, Zoning Ordinance #725, that the following described property be zoned High Density Residential {H.B.D.} rather than Central Business District {C.B.D.) and Medium Density Residential (M.D.R.) as it is presently zoned. (2) That the owner of the property be granted a Conditional Use Permit to allow for a 40 unit apartment complex, contingent upon the re-zone of the property. The said property is located on South lst West between Main Street and West 1st South. Kevin Taggert and Guy Robison presented their proposal which would require a Zone Change and a Conditional Use Permit. Ted Whyte declared a conflict of interest. They have also made an offer to purchase the home on the corner for a manager house. That is zoned M.D.R. and that property will not need to be changed. Ted described the area. Guy Robison representing the "Pennical Group" showed the plan layout and explained it. The property is about 82,000 square feet in size of which they designed two buildings. One building will line along the alley that separates the property from the old Broulims Parking lot. That ~~ building will contain 27 units. Another building will line Ist West with a large stripe of landscaping. There will be parking between the ` two buildings, around in back and behind of the other building. They have tried to meet all the requirements in the zoning ordinance. They have provided 184 parking spaces. They have also allowed for 14~ of green space around the facility and a fair amount of green space that will fall outside of the property boundaries on the outside of the sidewalk. There will be one story in the ground and two stories above ground so it will be about 26 feet tall above ground. They have tried to address the drainage. Davawn asked about snow storage. He said they have allowed-for about 10~ storage area and they will have to address the balance. This plan includes the house on the corner which will be an office and some parking. Ted explained when they applied for the zone change and the conditional use permit they were talking only about the lot directly behind the old Broulims parking lot, since then they acquired the Ricks home on the corner that is currently zoned M.D.R. Stephen had told him if they did not build apartments on that lot the zoning would not need to be changed on that lot. John Millar opened the hearing. Verna Gneiting- 130 West 1st South- She complained that many neighbors did not receive letters. She was told that notices were sent only to property owners within 300 feet of this property. She felt the Ricks property is part of the project. It was explained to her that property does not need a public hearing because it is zcred .M..D.R. She also stated she felt we did not need more college housing, because we have an over abundance amount of college housing. With the over abundance of housing you will hurt the local people and local businesses. She felt like if the people that were putting in the complex were not local, we should not allow them to come in and hurt our local business. John Millar told her our authority does not allow us to restrict competition. She felt there was a problem with the increased traffic at the intersection at Main and 1st South. 1st South and lst West is already a hazard. We need a consensus of the accidents at those intersections. If you are going to put 170 more cars on those intersections we are going to have more accidents. Bruce told her as soon as the State will allow us there will be a traffic light on Main and 1st West. She wanted to know what it would do to their property value? When a home is converted into student housing it also hurts their Ward. John Millar told here we could not do anything about that. She asked why the city could not control the number of apartments coming in? Bruce told her it was free trade. It would be just like limiting the number of one type of business in the city. The city needs to make sure the zones are correct and all other ordinances are met. He suggested that she might talk to the Chamber. Mrs Gneiting said water, sewer, garbage and taxes have raised but because of the over abundance of housing you can't raise your rent and many people have had to lower their rent. Oq ` ~ She stated that the city does not have to rezone the property and make it available for an outsider to come in and build an apartment house. ` Bruce told her we can't use that as one of the reasons. Sa11y Thompson explained she has a disabled son who struggles to get across the street. There are always numerous wrecks on that corner. She asked if we could put a 4 way stop at that corner. The safety on that street needs to be taken into consideration. Pat Scheese- 77 West 1st South- She lives directly across from the Ricks home on the corner of 1st West 1st South. Her concern is the increased traffic and the increased noise. She has some figures on the traffic from the State Office in Rigby. They have had cars right on their yard and this will only increase the traffic and accidents. She bought an older home 8 years ago because she couldn't afford anything else. She will retire within a year or so. She will have a very limited income when she retires. She can't afford extra cost in taxes. Her City Bill is already $20 more than it was when she moved in. What is that going to do to her and other people in the same situation. It will create a world of hurt for some of the people. Pete Thompson- 135 South lst West- This is in the next block to the south. His concerns are the same as Verna. If we add I84 cars that will have to go past his place every morning, noon and night it will be a safety and noise concern. Right now on the West 2nd South intersection cars can be backed up clear to his house ~ight ne~~. Cn South 1st West right now there are 11 large apartment buildings already. South 1st West has become a main thoroughfare and we have a real heavy traffic problem going up and down South 1st West and all this will do is create more problems. Someone has to address the traffic. This is a really big concern. What use to be a quiet neighborhood has been taken over by college students now. The foot traffic is bad as well as the vehicle traffic. They walk on the lawns and throw trash all over the lots on the way to the college. If you walk down the sidewalk and run into four college students walking four abreast you will have to go out into the street or in someone's flower bed to get out of the way. It is not a pleasant thing to have 11 apartment units on your street. The traffic is the main thing. When they close Viking Drive it will push all the more traffic down on 1st South and 2nd South. He was against the rezone. He also gave a letter for the record. George Wilson-50 South lst West- He lives right across the street from where they are going to be build the apartments. He agreed with Pete. It would change the atmosphere of the neighborhood, increase the traffic. He has young children and doesn't want more traffic going by there. He felt it would hurt the value of his home. If he sells his home it would possibly be to a young family and they won't want to buy a house with a lot of cars going by. John Millar closed the hearing and turned it to the board for discussion. ~~ John explained letters were sent out to 22 people. We go by the tax records and if the name on the tax record is not the person living. there then the notice is sent to the person holding the title. The legal intent of the advertisement has been met. Davawn Beattie stated he was sensitive the the traffic problem but what other kind of business would not create traffic. John Millar stated that traffic safety is an issue and needs to be studied both traffic and accident history especially on 1st South 1st West. The police department keeps records on that. As much as we would like to we cannot dictate and restrict where and who can build apartments. Safety is a real issue. Ted explained that by buying the Ricks home on the corner they would have an exit onto 1st South which would help and it also exits out the back onto the alley. There would be four ways out of the parking lot in terms of dispersing traffic. Verna Gneiting complained about the lack of consideration college students have and the noise from Retrex. The students from this apartment complex will disturb the residential neighborhood. With another business you would have respectful people as customers that are local people. George Wilson- He is also concerned about the noise factor. If it were a business they would have regular daytime hours. Goiiege students go from early morning until after midnight and it would be hard for small children to get any sleep. Don Rasmussen- He owns the property right now and they use to have a trailer park on that property. He quoted "The trailer court was a real asset to the city with REAL upstanding people in the trailer court". So they took the trailer court out and also tore down the old rock house where there was drug parties and beer parties. As far as the area it is in it should be zoned absolutely commercial. They have maintained a trailer there for about 12 years so they could put the trailer park back in. He is also concerned that we don't create more accidents on the streets. The streets are going have to be taken care of by the city and it is up to the city to provide adequate streets and stop signs or stop lights so the city can grow. By putting units like this in as far as raising taxes it would increase the city tax base substantially. It will also help the city water and sewer with the amount of money these apartments are going to produce it certainly won't hurt the city water and sewer bill. He felt this was a good project and a real asset to Rexburg. John Watson read from the zoning ordinance the criteria this board has to go by. Jim Long- A11 of these things apply all over town, but the things they are talking about are social issues. The Planning Board cannot. do anything about that. It has nothing to do with the things we have to consider. The things that John Watson has read from the zoning - ordinance. If this board does end up voting against what has been said ~~r or what is wanted, it is not because we don't agree with what has been said or what the problems are but we have to go by the law and up hold the law. The safety is an issue and it has to be considered. Bruce has pointed out that part of that has been anticipated by putting in a traffic signal on 1st West and Main, but they are waiting for the state. Ted Whyte stated that by Tom Ricks property there will be handicapped ramps. i• John Millar stated the board needs to bring this to a conclusion. The options are, to continue it for fact finding, we deny it or recommend it for approval. The board felt the safety issues should be looked at. A motion was made by John Watson to continue this hearing for fact finding. Seconded by Jim Long. Ted Whyte abstained. A11 other members voting Aye. We will continue the hearing at the next meeting, as soon as we get the safety issue information. Pete Thompson- This property has been zoned for a quiet neighborhood and they want it left that way. That is why they are objecting to rezoning. Ted Whyte stated that in viewing that block it is probably 85~ commercial and apartments and 15~ residential. RE: PUBLIC HEARING REGARDI2IG COi1DiTiOIVAL USE PERIviiT FvR CRESTHAVEiV' LDS CHURCH TOPIC: (500,101,,,CRE5THAVEN,PARKING,PUBLIC HEARING,C.U.P.) Public Hearing regarding proposed issuance of a Conditional Use Permit. It is proposed that the property be granted a Conditional Use Permit to allow for an addition to be built on the Cresthaven LDS Church. The property is located at 1090 South 2nd East. John Watson declared a conflict of interest. He also explained the expansion of the Cresthaven Church on the South which does not affect the parking. They are adding to the Relief Society Room making it larger, making a larger entrance on the south, and enlarging the children's meeting room. The project will cost approximately $400,000. We reviewed it at the last meeting. We are not changing the storm drainage, parking or utilities. No one was present to enter testimony. John Millar closed the hearing. A motion was made by Davawn Beattie to grant the Conditional Use Permit with no conditions attached. Seconded by Jim Long. John Watson abstained. All others voting aye. RE: D.J. BARNEY COMPLAINT FROM NEIGHBORS TOPIC: (500,101,,,BARNEY*D.J.,1ST N.,COMPLAINTS) D. J. Barney- 410 West lst North. He runs a automotive repair shop at that location. There had been some complaints from some neighbors about the noise but none of the neighbors complaining were present at ~~ ~~ the meeting. He had talked to the neighbors and asked them if he was making too much noise and they said everything is fine. He had a • ~ contract with Chad Ball to do some work on the property with a backhoe and he did it at inconsiderate hours that D.J. was not aware he was going to do it and it was noisy. He had some complaints at that time. He was willing to do what ever he could to to meet the neighbors concerns. A couple of weeks ago when he hauled some cars away it was a little noisy. The board felt the complaints had nothing to do with the repair shop. The noise would be no different than if it were a residence doing some improvements and thanked him from coming in. RE: LINDA EAMES - RACHEL COURT PROJECT TOPIC: (500,102,,,5TH S.,5TH W.,EAMES*LINDA,PARKING,CURB & GUTTER, RACHEL COURT) Linda Eames project Rachel Court on 5th South and 5th West. It is zoned H.D.R. Boyd Cardon was at the meeting to show the plat. It is located on Lot 3 Block 3 and will be divided into four lots. this is for final plat approval. The proposal is to put four manufactured homes on permanent foundations. The drainage will go to 5th West/5th South, he explained the elevation and the fire hydrant is across the street. Curb and Gutter will be installed on the private drive that will be installed. He explained the utilities. John Millar explained the city just received the plans at 3:00 P.M. today and the departme.~ts have not 1-,ad a cl-.ance to review them. John Millar told him on lot 3 and 4 he did not see how cars could get in and out, there needs to be a area to back into. It will not be a city street. There will have to be a homeowner agreement restricting any blockage of the private drive so the fire truck can get in and out. The board did not see a problem if the department. A motion was made by Ted Whyte to approve the plan if the department heads approve it and if the road is extended 20 feet to allow for backing out and if the sidewalk is set back a minimum of 5 feet to set a precedence. Seconded by Mike Thueson. All Aye RE: LYLE WADSWORTH REQUEST FOR VARIANCE TOPIC: (500,102,,,WADSWORTH*LYLE,IMPACT ZONE,VARIANCE, WIDDISON ADDITION) Lyle and Buffy Wadsworth- The have property in the Widdison Addition which is in the Impact Zone. They want to split their lot and build on the South on 8/10 of an acre. This would take a variance. A motion was made by Gary Steiner and seconded by Jim Long to schedule it for Public Hearing for a variance. All Aye RE: SHERREL DAVIS REQUEST FOR VARIANCE TOPIC: (500,102,,,DAVIS*SHERREL,IST N.,VARIANCE) Sherrel Davis- 370 West 1st North- He was requesting a variance for a garage. He wanted to remodel his garage. It was built in 1974 as a single carport and then they made it into a garage. It was poorly built and the floor has crumbled. It is five feet from the property line. It needs new floor and 3 foot footings and a retaining wall. ~~~ 1 The current garage is 20' X 18'. Val had looked at it and there would not be a change in size of the garage only the footings. It would be grandfathered and would not need a variance. A motion was made by Davawn Beattie and seconded by Mike Thueson to adjourn. All Aye. • •