HomeMy WebLinkAboutP&Z MINUTES OCTOBER 14, 1998DATE: (101498)
Planning & Zoning
10/14/98
7:00 P. M.
Present were:
Chairman: John Millar
Members: Mary Ann Mounts
Jim Long
John Watson
Ted Whyte
Gary Steiner
Davawn Beattie
City Clerk: Rose Bagley
Attorney: Stephen Zollinger
Engineer: Joe Laird
RE: RAY KEATING REPRESENTATIVE FROM DISTRICT HEALTH DEPARTMENT
TOPIC: (500,120,,,HEALTH DEPT.,IMPACT ZONE)
Ray Keating, District Health Department, was at the meeting. He is
personally responsible for Madison and Teton County. He is responsible
for land development, subdivisions, septic systems, swimming pools,
county and city problems and some other things. Some of the questions
that have come up lately is in the Impact Area with subdivisions. The
city has to sign off on them and then the county has to sign off on
them so the developer has to go through one extra step. On all county
subdivisions he is the Soil Scientist and digs test holes. He wondered
in the impact area if he still does that? That makes it easier for the
homeowner to come in for the original septic permit than to just issue
a basic permit because the basic ground test has been done already. He
questioned splitting lots? When lots are split in the Impact Area he
does not hear about it until after the fact. The reason it is important
that he is involved is because sometimes the county limits certain
subdivisions to certain lot sizes for the density issue of how many
gallons of wastewater per in a subdivision.
John Millar suggested that we possibly need more communications. Rose
suggested that she start mailing him an agenda. John Watson suggested
he would like to know when he submits plans to District 7 Health
Department. Mr Keating told him ~ny food establishment has to submit
plans for their approval. John Watson stated Idaho Falls has a cover
sheet on their drawings which has to be signed off on and the city
distributes the sheet to all concerned bodies. Jim suggested that we
need to know what District Health is doing. It was suggested that we
have a Mini Conference with Planning & Zoning, City Council and County
officials. Ray said the county does use him and the the city can use
him for any purpose. Stephen stated that Ray's interaction with this
body would be almost exclusive in the Impact Area. Once you get in the
city limits they have to hook on to the sewer system and District 7
does not have jurisdiction over the sewer system.
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• John Millar suggested that before we even consider areas in the Impact
Zone that want to split a lot that they be required to bring in a copy
of a their septic permit and we will start there. Ray said they could
do it at a reduced rate prior to coming to Planning & Zoning.
RE: GENE PALMER AND BRUCE PARKER PUBLIC HEARING
TOPIC: (500,121,,,PUBLIC HEARING,PALMER*GENE,1st N.,ANNEXATION,ZONING,
COMPREHENSIVE PLAN)
Public Hearing for Gene Palmer and Bruce Parker- The Public Hearing is
regarding Annexation and Amendment to the Comprehensive Plan. The said
property is located on 1st North Extension (Hill Road) in Rexburg,
Madison County, Idaho. It is proposed that this property if annexed to
the City will be Zoned (LDR1) with will necessitate a change in the
zoning map and the Rexburg Comprehensive Plan 2020. The amendment in
the Master Plan is to change said parcel from Agriculture 1 to Low
Density Residential (LDR]) and to change the road known as the 1st
North Extension (Hill Road) from a Major Arterial to a Residential
Collector.
Boyd Cardon showed the proposed plat for Gene Palmer and Bruce Parker.
He explained the residential collectors and major collecter streets.
He explained the area for annexation.
Turned over to Public Comment. There was no comment and hearing was
turned over to the Planning Board. John told them we need to discuss
(1) Annexation, (2) Zoning, (3) Comprehensive Plan change, and (4) The
\ Road System Change.
Bruce Parker stated he was in favor of being annexed. Joe stated the
plan was showing 79' for a Residential Collector. John Watson asked
Gene what the timing is for paving the street. Gene said they would
build the street as they sell the lots. They are trying to sell lots
on the West to match up with the ones on the East. There would be two
phases plus Bruce's.
A motion was made by Davawn Beattie to recommend to amend the
Comprehensive Plan to reflect this change in the road as shown on the
drawing. Seconded by Mary Ann Mounts. All Aye
A motion was made by Jim Long to recommend to amend the Comprehensive
Plan to change the zoning from Agriculture 1 to L.D.R.1. Seconded by
Ted Whyte. All aye
A motion was made by Davawn Beattie to recommend to Annex the property
to the city and zone it L.D.R.1. Seconded by Ted Whyte. All Aye
RE: DON BLUNK REQUEST FOR ANNEXATION
TOPIC: (500,121,,,ANNEXATION,BLUNK*DON,PUBLIC HEARING)
Don Blunck was at the meeting and asked that he also be annexed. He was
told he would need to make the request and we would have to publish it
and hold another hearing.
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RE: STEPHEN MEYERS REQUEST FOR A VARIANCE
TOPIC: (500,122,,,2ND E.,VARIANCE,L.D.R.1.,C.U.P.,SETBACK)
Stephen Meyers request for a variance on the corner of 2nd East and 3rd
South. They had originally bought this property with the intent to
build a duplex when it was zoned R1. Because of the encroachment of the
growth of the neighbor's trees and bushes and not wanting to stir it up
at that time and then the zoning changed so they are not able to put
anything on the lot. It is a 50' x 142' lot which would not give him
enough room to build anything under the current zoning. He would like
to be able to build something on the lot and would prefer to put a
duplex for married housing. The board felt it was obvious that it would
justify a variance. We do need to know what proposal you want to
proceed with. John Millar told him the property is zoned L.D.R.1 which
would allow for a duplex with a Conditional Use Permit. He told him
there are three things he needed to request, (1) a variance on lot
size, (2) setbacks as you need to set the house or duplex on that lot,
and (3) and a Conditional Use Permit for a two family unit.
RE: PUBLIC HEARING FOR TOM GOE APPROVED
TOPIC: (500,122,,,PUBLIC HEARING,GOE*TOM,ANNEXATION,TETON DRIVE INN,
POLICE,WASTEWATER)
Public Hearing for Tom Goe. John Millar declared a conflict of interest
and asked Mary Ann Mounts to chair the issue. A Public Hearing
regarding Annexation and Amendment to the Comprehensive Plan. The said
property is located on North Highway 33 (commonly known as the Old
Teton Drive Inn). The Planning and Zoning Commission will hear all
comments and all protests related to the possible annexation of said
property, that this property if annexed to the City will be zoned
L.D.R.2 which will necessitate a change in the zoning map and the
Rexburg comprehensive Plan 2010. The amendment to the Zoning Ordinance
725 and the Comprehensive Plan 2020 to change said parcels from Highway
Business District (H.B.D.) to L.D.R.2.
David Barker, representing Forsgren Associates, presented the plan. He
showed the old design which the board had already seen and the new plan
drawn since that meeting. They had changed the right-a-way width. He
questioned if they could make Thomas Goe Drive as a one way road. Joe
stated that one way roads have not proven very desirable in our area.
John Watson felt that if the traffic is driving really fast going to
and from Sugar City and if they know there is two approaches and miss
one and go to the next one which is a one way street. He sees it as a
potential traffic problem. Stephen stated that if it is a one way
street it becomes considerable more than 660 feet and is inaccessible
which is in violation of our ordinance because you can't access it with
emergency vehicles the wrong direction.
The new plan has 100 more foot of right-a-way up front. Mr Goe's
concern with that is that he lost more than an acre of ground. It has
been designed so we have 47 lots. He has designed the road Jerimiah
Way to turn into a cul de sac. They still have the minimum lot size
for L.D.R.2. They have the 64' right-a-way on the interior lots. The
lots on the cul de sac don't face the highway they back up on that
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road. They would hook into the sewer line going to Sugar City and hook
into the water going to the Business Park. They will either drain the
storm drainage to the individual lots or install French drains. There
is an existing building which will probably be somekind of store and
laundry facility which would provide jobs for some of the residents.
There will also be a park which will. be 20,000 square feet. Joe did
not think it would work well to drain storm water onto the private
property particularly where the homes. and lots are this small. Mr
Barker asked who would be responsible to maintain the property next to
the freeway? Joe told him the developer would be .responsible for the
landscaping. Stephen stated this is a state highway and that will have
to be considered with the way it is approached.
Mary Ann closed the Public Hearing and opened it ~zp for public comment.
Dale Thomson- He was at the meeting in behalf of his mother Lera
Thomson. They own the land between Stegelmeir and Mountain Meadows.
The city has already annexed the property for the Business Park across
the road. They do not have any opposition to the annexation. They see
this as a natural step as to what is occurring now anyway. There
concern is the zoning of such a high density of L.D.R.2. We are looking
at lots that have a minimum of 6000 square feet. We are looking at a
frontage of 60 feet which is a high concentration and we are moving
into the Impact Area which has been Light Industry or it has been
building up some Business or a few homes. fihe homes in that area are
in larger lots. This development appears that it is going to enter
into a stage where it will be highly concentrated with small lots. His
concern is (1) You will end up with 47 lots in such a concentrated area
and it is going take a substantial amount of city services to provide
for that. One service will be the police. When you end up with
smaller areas, typically you end up with lesser economic development
and there are a lot of problems that come with that type of situation.
He is is not opposed to zoning it L.D.R.1 but witYi L.D.R.2 with lots
6000 square feet. (2) His other concern is with t;he current
commitments that the city has already made with the Wastewater
Treatment Plat. He understands that the city is already highly taxed
with its ability to handle what is occurring right now. He understands
that within a year there are already commitments ghat will enter in the
city sewer system. His concern is 47 lots going to tax that particular
system to a degree that it will not adequately be able to handle that.
The city has discussed expansion of the Wastewater- Treatment Plant with
the commitment with Teton. He didn't think we could handle 47 more
units. His personal concern is what kind of home:> can you put on 6000
square foot lots? You are talking about double wides and smaller stick
build homes which has a potential problems with that type of economic
development. He had a concern with the taxing on the police department
that far away from the city in such a concentrated area.
Krehl Stegelmeir- They would like to support the Thomsons in what they
are saying. They are also concerned with the smaller size lots. They
have no opposition with a subdivision but are concerned with smaller
- - lots .
Close the Hearing and turn it over to the board.
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Jim stated he grew up on a 40 foot lot in the city of Los Angeles. He
hated to label people as substandard because they live on a 60 foot
lot. How can you label the type of problem a person will bring with him
because the size of the lot? Dale said his concern was can the city
police and service handle that additional amount of lots.
Stephen stated we need to consider police, fire, water, sewer and
streets with annexation.
Mr. Barker told the Stegelmeir that they will add easements to their
property so if they at anytime want to expand water and sewer.
Jim Long asked Joe what the capacity of the sewer system is? Joe said
with the addition of Teton and the cther things coming on we will have
to add another clarifier and oxidation ditch. The Lift Station by K
Mart will have to be expanded. John Millar told them whether this
development goes or not there will have to be an expansion of the
Wastewater Plant. Stephen stated by the time Teton hooks on in 18
months, we will have had to already made an increase to our sewer
system to accommodate Teton which would also accommodate this addition.
He felt the police department would be opposed to any more annexation
because they feel they are overtaxed.
(discussion) John Millar explained this does not preclude anyone from
buying a bigger lot, it just regulates a minimum lot size. Jim
questioned if we hook Teton on the sewer system and add additional
areas by annexation we are going to pay more tax payers money to
increase the sewer system so how is that paid for? John Miller told
him there is a connection fee plus you have an additional 47 users of
on the system which will be paying. The city has a rate structure so
everyone pays their fair share. As large user comes on they pay a fair
portion of the sewer expansion facility. With this and the 300
apartments we have approved this summer, the different industrial users
and with Teton who are paying over a quarter of a million dollar hook
up fee we will be getting the additional money to off set the
expansion.
John Watson stated this is the first time police protection has come up
and he could not remember how many apartment complex we have reviewed
and have heard a lot of citizens who were opposed to them and the
police protection was never an issue and we all know that the density
in an apartment complex is significantly higher in an apartment complex
than it is in this addition. He suggested that maybe some of those kids
in those apartment complex might cause trouble too. He is having a
hard time justifying that he would turn this down on a police issue.
He felt that the police wouldn't want any of the new expansion because
of the extra problems.
Dale Thomson explained that he was a former police officer in this city
and he remembers an incident when there was a burglary when he was out
on the south highway and it seemed like an eternity getting from the
south highway to respond to that alarm on the middle of main street.
To get to an apartment in the city is not a problem but to get to a
mile north of main street is a problem, Right now the county patrol
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those areas. Fewer homes would create a lesser chance of that
occurring.
Mrs Stegelmeir said it takes 5 minutes to get from the Drive Inn to
City Hall. Davawn stated if we stopped expanding because of some of
these reasons we would be standing still and be the same as when Mr
Clark was the only police officer. Stephen stated we have expanded our
Police Department but the question is does this stretch the police
beyond their capacity? (discussion)
David Barker stated he did not think we could ignore the growth that
will happen between Rexburg and Sugar City and this is a natural step
in that process.
John Millar stated, reminding the board he was speaking not as chairman
of the board but as a citizen, we have approved or have on the table to
approve 300 student housing apartments and not once have the police
protection been in the discussion. He thought that should spur the
discussion of police protection as much as these 47 houses would. If
this is turned down for that reason, how can we approve any additional
units or growth to the city of Rexburg. This would say we are going to
issue a moratorium on further growth.
Stephen stated that people building in the city have chosen to build in
the city because we have a provided service in the city which serves
the city. He felt we have out grown our existing police department.
John Millar, speaking as a citizen, what he is hearing is not that it
will cause undo burden on the police department but if it is zoned
L.D.R.1 instead of L.D.R.2 then it is fine. (discussion) Ted Whyte
stated that he has a problem apparently the L.D.R.2 Zone is there for a
reason and typically this has met this reason and it is a viable need
for this type of housing. What it does for the city and the
infrastructure he believes that the as the city grows the
infrastructure will grow as the city continues to grow. If the
recommendation is to approve this, then we might follow it with a
recommendation that we look at our services to increase to accommodate
future subdivisions. John Watson said that is how he feels and maybe
we are over stretching this point. He is not sure that this is that
huge of a problem relative to the 300 apartment complex. The density is
not even close to the density of the 300 apartment units.
A motion was made by John Watson that we recommend this property be
annexed to the city just as it is presented on the plan and be zoned
L.D.R.2 with the condition that the storm water has to be addressed to
the satisfaction of the city. That Thomas Goe Drive be extended to hook
onto Stegelmeir property. Seconded by Ted Whyte. John Millar abstained.
All Others voting Aye.
Mr Barker stated he was concerned
property next to the highway. He
development agreement.
Gary Steiner left at 8:45 P.M.
who would maintain the strip of
was told that would be part of the
RE: PUBLIC HEARING FOR DAVID BECKSTRAND TO CHANGE COMP. PLAN 2010
TOPIC: (500,126,,,PUBLIC HEARING, 7TH S., 2~ W., RICKS COLLEGE)
Public Hearing for David Beckstrand -Public Hearing before the Planning & Zoning
Commission of the City of Rexburg, Idaho regarding the proposed amendment to the Rexburg
Comprehensive Plan 2010. It is proposed that South 2nd West from 4t'' South to 7t'' South be
changed from a Major Arterial to a Minor Arterial.
Ted Whyte declared a Conflict of Interest. John Millar explained the current map shows that
street as a Major Arterial and this would change it to a Minor Arterial. It shows on the map that
it is a Major Arterial but it is only a 99 foot right-a-way and it would have to be widened to 120
foot right-a-way to meet the requirements for a Major Arterial. The only street in the city that
meets that right-a-way width is Main Street. (Discussion) They do own the property clear over
the college property fence. Discussion on the property they would be dedicating which would be
43 feet for the right-a-way and landscaping.
Rulon Nielson representing Ricks College was at the meeting. He asked if the speed limit would
be affected and is their any plans for a traffic light? Joe said it would not affect the speed limit
and as yet the traffic does not warrant a light. He asked if it would require anymore property
from the college for additional right-a-way? Joe told him probably not. The width of the street
would be 70' foot curb to curb with a 101' right-a-way. Close the hearing.
A motion was made by Mary Ann Mounts and seconded by Jim Long to recommend that we
amend the Comprehensive Plan to allow for a Minor Arterial as opposed to a Major Arterial.
Ted Whyte abstained All Aye. Others voting Aye.
RE: STEVE OAKEY SIGN
TOPIC: (500,126,,,OAKEY*STEVE,SIGN,VARIANCE)
Steve Oakey was at the meeting to request a sign at the Chevron Station at 279 North 2nd East.
He would like to put the sign under the Bagelby Sign. Most of the signs on 2nd East are in the
right-a-way. The sign would be 10'x32". Bagelby put up their sign illegally. Mary Ann made a
motion to deny a variance because there is no legal way we could grant a variance. Seconded by
John Watson. All Aye.
RE: TACO TIME DISCUSS PARKING ON 3~ SOUTH
TOPIC: (500,126,,,TACO TIME,3RD S., PARKING)
Taco Time Parking -Bill Lonigan designer and builder of Taco Time Addition was at the
meeting to discuss enhancing the parking condition on 3rd South. They would like to put
diagonal parking on that street. It is a wide street, the same size as Center Street. They could get
8 diagonal parking spots instead of 4 parallel parking spots. Joe stated he was against diagonal
parking because of the increased accidents. He was told this is not a problem for the Plarnling &
Zoning Commission but that he should take it to the Traffic Committee and Police Chief
(discussion) - A motion was made by Jim Long to send it to the Traffic
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Safety Committee with our recommendation of approval. Seconded by John
Watson. John Millar voting Nay and all others voting Aye
RE: MARK MARTIN REQUESTING A CONDITIONAL USE PERIKIT
TOPIC: (500,127,,,2ND W.,C.U.P.,APARTMENTS,MARTIN*MARK)
John Watson representing Mark Martin requesting a Conditional Use
Permit. John Watson declared a conflict of interest. This development
is South of the Town Houses on South 2nd West. He showed the plans
with two solutions. He discussed the plans. Section 5.6 in the
Ordinance was discussed and was felt it possibly might need to be
revised. This would have to go to Public Hearing for a Conditional Use
permit and also need to be replated. On the one plan they had 144
parking places and would really need 128 with 36 units or a total of
138 people. The second plan was for 12 units and 226 students with 6
students in each apartment but they can't put parking in the
right-a-way. They do meet the greenery requirement. After discussion a
motion was made by Ted Whyte to go to Public Hearing for a Conditional
Use Permit. Seconded by Jim Long. The plat would also have to be
amended. All Aye
RE: TACO BELL APPROVED
TOPIC: {500,127,,,MAIN STR.,TACO BELL,CARLSON*BOE3)
Taco Beli on the corner of Main and Center. Joe ~>resented the plans.
John Millar declared a conflict of Interest. The Taco Bell would be
next to the school with an unknown business at the corner and
professional office space parallel to the Tabernacle Property. There
has been a question by the city if we want to widen the landscaping and
put pavers on this corner and for the over all downtown area.
(discussion) John Millar said he had seen it done in other cities and
they did not like it because it allows trucks to strive over it and snow
plows to go over it and it becomes a maintenance ~>roblem. They do have
a parking plan however in C.B.D. :parking is not required. A motion was
made by Davawn Beattie and seconded by Jim Long to approve the plan.
John Millar abstained from voting all other voting Aye.
Meeting adjourned.
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