Loading...
HomeMy WebLinkAboutP&Z MINUTES DECEMBER 09, 1998~~ DATE: (120998) • Planning & Zoning 12/09/98 7:00 P. M. Present were: Chairman: Brad Liljenquist Members: Doug Smith. Ted Whyte Bobbette Carlson Marilyn Hanson Mike Thueson Roger Muir John Watson Gary Steiner Davawn Beattie City Clerk: Rose Bagley Assistant Engineer: Val Christensen Attorney: Stephen Zollinger Council Member: Paul Pugmire A motion was made by Ted Whyte and seconded by Marilyn Hanson to approve the minutes of 11/11/98. All Aye Resolution for the Urban Renewal Plan. It was decided to table this for later in the meeting so Stephen could explain it. RE: REVISE SUB DIVISION ORDINANCE • TOPIC: (500,136,,,STREET LIGHTS,SUBDIVISIONS) Brad explained to the board that there is a need for a Revision of the Sub Division Ordinance. The regulations for street lighting is inadequate. We also need the regulations changed for lighting for new developments. There are also things in the Sub Division Ordinance that possibly need to be changed. Brad asked the board to study the Sub Division Ordinance and we would table it for the next meeting and discuss any changes needed. (Discussion) RE: PUBLIC HEARING FOR STEVE MEYERS C.U.P. APPROVED TOPIC: (500,136,,,MEYERS*STEVE,VARIANCE,C.U.P.,3RD 5.,2ND E.) Public Hearing for Steve Meyers for a Conditional Use Permit and Variance. A Public Hearing regarding the proposed issuance of a variance to: (A) a variance to allow a sub-standard lot size, and (B) a variance to allow for less than the required setbacks, and (C) to grant a Conditional Use Permit for a two family dwelling. The property is located on the corner of 2nd East and 3rd South in Rexburg. Steve Meyers 1159 N 3000 W- Showed a plan and explained. Sixteen years ago they bought the property that set on the corner of 3rd South and 2nd East. 3rd South faces the girls dorms. It is a small lot 50' x 140' and has just sat there as a weed patch and eye sore. They are proposing --, `~; i that they can convert that vacant lot into a useful building lot. With the current zoning regulations they will need a variance and a Conditional Use Permit. Financially the best use of the property would be to build a duplex. The view to the south would be looking directly into the girls dorms. They have tried to get othez- uses for it one of which was to the college for a parking lot and al:>o residential uses. They feel this use would enhance that building lot: and the neighborhood. They are planning on having either carports or parking pads with adequate set back for them. Brad stated the required setback being 25 feet and what he is asking for is either 16 or 18 foot setback. It is a corner lot so the side setback would need to be 25 feet. The back setback would be 6'. Brad read a written comment from Gary Thompson opposing the variance and C.U.P. to allow this construction. (on file) Discussion on the alignment of setbacks in that area. Brad asked for any comments from citizens attending the meeting. Sharon Smith- 1929 Meadowview- She has noticed that lot for a long time and she felt that a nice little duplex would serve as a better use for it than to have the lot undeveloped. There is a big need for housing for people that like to live in duplex apartments. Close the Public Hearing. Discussion on the issues. A motion was made by Davawn Beattie to grant the variance for the setback in the front yard because of the undue hardship of the lot size, because it is the best use of the property and it meets the criteria of a variance. Seconded by Doug Smith. All Aye A motion was made by Roger Muir to grant the Conditional Use permit with the following conditions: (1) That it meets the minimum parking requirements that do not encroach upon the right-a-way. (2) That the sidewalks be installed to be consistent with the other sidewalks on that block. (3) That the plan meets the approval of the engineering department and all department in the city. Seconded by John Watson. P>ll Aye RE: GARY SMITH REGARDING FENCE AND PARKING AT 12 E. 1ST S. TOPIC: (500, 137,,,SMITH*GARY,IST S,FENCE,PARKING) Gary Smith-1829 Meadowview Ave- He put in a parking lot behind the home at 12 East 1st South. According to what he understood from Joe and Rose he needs to put in a fence the width of his parking lot which is 45' North & South and goes 65' East & West. The reason he is at the meeting is to find out what he needs to do. Stephen stated that the neighbors want to make sure he gets up some site screening pursuant to the zoning ordinance. Our site screening regulations provides for shrubs, vegetation or fences given the configuration shrubs is extremely unlikely. Vegetation would be somewhat prohibitive so he is here asking how high his fence needs to be and what restrictions is this board going to put on his fence? This is addressed in 4.7 in the zoning code, Gary said he was planning on putting in a 6' cedar fence in with 6" wide strips. Cheryl Rydalch, neighbor, stated her concern was as she understands it the fence-only has to go from the property line to the parking lot not the drive through. Stephen told her we do not allow fences higher than 3' high within 15' of the right-a--way. Gary stated he talked to the city engineer, who told him the fence only has to go the length of his parking lot. Stephen suggested that in order to put the parking lot in the residential area he should of had a C.U.P. but rather than going .back we could address what needs to be done now. We Can Still require that he screen his high trafflC USe from the Gther residential uses in the neighborhood. That is consistent with what we have required with other parking lots in residential neighborhoods. They could put a fence in three feet high from the street and taper it on up higher similar to what they did at the Beehive Credit Union where they had to cut the fence down. Cheryl Rydalch stated that the parking lot is fine but they are starting to come in through her driveway. The kids are also cutting across her property and then across the church property to go to the post office. Her big concern is her kids drive and they use up all of her driveway, but the student cars are cutting through her driveway over to the driveway that Gary has. See had a concern about the garbage blowing. Brad told her the garbage is beyond the scope of this board. Gary said he was told he only had to fence 45 feet but he will do what ever is required but he was told by the engineer that he only had tC put up a fence for 45'. Brad told him we need to table the issue until later in the meeting to go to the scheduled Public Hearing. RE: PUBLIC HEARING FOR C.U.P. FOR FIELD HOLTSE TOPIC: (500,138,,,HIGH SCHOOL PUBLIC HEARING,C.U.P.,PARKING,TRAFFIC) Brad read the notice for the Public Hearing. The Public Hearing held before the Planning & Zoning Commission is regarding the proposed issuance of a Conditional L?se Permit to allow for a Multipurpose Building to be built on the South West Corner of the Football Field at the CO!?!munlty park lCCated On East 2nd NGrth ad]aCent tC the High SC110G1 . Roger Hampton - 3055 W 1000 N- Was at the meeting to represent the High School. They are proposing to build a facility which would be a multipurpose facility. He knows there has been a concern about the extra traffic. All it will be is an auxiliary to the everts already talcing place. He showed a picture of the proposed building. John Bagley will be supervising the building of this which will be a steel structure. It will not encroach on the parking lot. It will be further north toward the bleachers. It will take about 10 or 15 yards out of the one field but they will still have plenty of room for fields. There will be a road to the west side of the building. It is scheduled for 1 ~~~ concessions, locker facilities, weight room, and wrestling room up above.Coca Cola has donated $25,000 towards the project, plus other donations of material and labor. They would like t;o start in March. Public Comment. Ray Walker - 1270 Barney Dairy Road- When that corlplex was put together their family helped build it with all their equipment. His understanding was it was federal. So you can't do anything with that ground. He stated that someone needs to look into that because that ground was set up on a loan type thing. The schoo]_ district might have a problem trying to build something in that park.. That park was designed and set up with government funds. The Wa]_ker family donated some ground along with the Ted Garner property. ~3e had a deed and agreement he read from. (Attached) He stated they expect the agreement to be carried through with the School District or there will be complications. He also stated we need to get those people off the Barney Dairy Road before someone gets killed. Where they are playing ball you can't get your tractor up that road or a vehicle without someone backing out in front of you. Jim Long- 77 Ash Avenue- It bothers him that there isn't a master plan for the entire space. Without a lot of thought a x~uilding is being placed in the middle of a pretty good size space, so this building would drive the master plan. What we should have first is a master plan and the master plan drives the location of the building. There are too • many things to be considered, parking being the first and traffic safety being the second. There are a number of defferent items that need to be considered besides worrying where the money is coming from to build it. He recommends that things should cool. off for a while until some more thought is given to all the future: use of the space and it is committed to a plan on paper so the Walker family doesn't come up after it is built and say they have to tear it do~;~n or alter it. A11 factors need to be considered. Glen Walker - 1076 Barney Dairy Road- He is on a committee that has been discussing recreation and trails and different things. This is the first time they have heard about this and have sat in with tine mayor in meetings. They are feeling a little bit slighted because they are trying to put together a master plan as to where everything is going to fit as far as the community and bike paths and other recreation things that are going on in the community. He just heard about it. His concern is the communication in the community. He felt they need to get together and discuss these matters. It is a good idea to have something like this facility but it will drive what goes on in that area down the road. Ray Walker- When Dr Hill was there he gave them $27,000 to build a complex under the seats on the west side with restrooms. There was some donated work and they put in 285 yards of concrete with fences and ticket booths. He has no quarrel with them building it but would like to see a plan on what they are going to do to the west. He and Dean Wilson built the dugouts and hauled in lumber for it. He thinks they need to check into the legality. This use to be an old garbage dump on }~ l ,, i .`~... t the west and it can only be used for a park or ball parks. He thinks we need a master plan. Jim Long- Two years ago we had a Youth Conference and there .were 75 from the community that were chosen to attend the conference. There was a facilitator from Seattle that was there. The school district was represented. The outcome of the conference was a set of priorities were set up on what the city wanted and what was best for the city. The district needs to look at that now and see if this conforms with the priorities for the youth of the community. He would like to see that record for Planning & Zoning to see. Bob Carlson- 539 West Main- He felt it was a good project but the question. he has is the financing cf it. He urLd2rStaridS we a-re planning cn using some city street department equipment to clear the property, dig holes, hall gravel, or whatever. How legal is that to use city equipment on a project like this. Stephen told him the law allows government entities cooperation on projects, so it would be legal because they are all tax derived benefits. There are always available times for the city crews to participate in joint government functions. The city, county and school district make an effort in helping each other get things done. He did not think there was .anything inappropriate about that. Bob said the city is continually talking about not having enough money in the budget to fix streets or to do different things, and the equipment is wore out and they need new equipment. He did not understand how we can have time and equipment that we can work on a project like this? Stephen told him it isn't as much the equipment as it is the asphalt and material that we come up short when. we do our street budget. We have a minimum crew size that we have tc maintain because of snow removal and wrien there is availai~le funds for material to fix roads it takes a minimum size crew to facilitate that work. Because we don't have the funds to keep them busy from May 1 tc November 15 which is the construction season, there are lax times when our crew go out and provide community service type functions. Close Hearing. Mike Thuesori - Asked if there was a Master Plan acid what their time table was? If they don't have a Master Plan could one be developed? Mr Hampton- Stated as of now they do not have a Master Plan. He appreciated the comments. He does agree with the parking along Barney Dairy Road. If there was some commitments made by prior entities, those need to be addressed. He felt they could put a Master Plan together with the help of the city. This is a project they would like to put together in the spring so that would give them some time to look at the issues that have been addressed and get together with the city to draw up a Master Plan. Doug Smith felt the Master Plan is the school's Master Plan and asked what they had in mind? ~~ Stephen read from Section 6.9 subsection 7 in the Zoning Ordinance requires that this board approves a site plan as required in the ordinance before any action on this request can be taken. A motion was made by Davawn Beattie to table this issue until the meeting on January 13 so the School District can address the issues. that have been discussed. Seconded by Gary Stein=_r. A11 Aye Brad told him to get with our engineering department. Mike Thueson suggested that a copy of the Planning & Zoning Agenda be sent to all committees when there is issues of public interest. Dale Allen Public Hearing regarding the proposed :issuance of a Conditional Use Permit to allow for a parking lot for approximately 110 cars, to be located at 5 South 3rd West directly :youth of Brenchley South Apartments. RE: DALE ALLEN PUBLIC HEARING REGARDING C.U.P. FOR PARKING LOT TOPIC: (500,141,,,ALLEN*DALE,PARKING,C.U.P.) Dale Allen- 3798 West Mountain View Drive - He showed plans and discussed his proposal. He met with this group one' month ago. The parking lot is to be used as an overflow lot for t=heir student housing complex, Summerset Apartments located at 480 South 3rd West. Summerset is about 2 blocks east of the proposed lot. They are landlocked at this point by the college and other housing facilities. They have searched at great length for something closer to provide parking and there is nothing available. With the city setbacks they could only come up with 77 spaces and that does not meet their needs. The}' think in order to make this work out financially, they need closer t:o 100 spaces. They could have that number if they were not required t:o have the additional 25' setback of grass. After discussion about the ~:etback he felt he could put more parking spaces. Brad Liljenquist read a letter from Greg Luce. He developed the Brenchley, south Brenchley and Donegal/West Tisbury apartments which would be adjacent to this proposed parking 7_ot. He had some concerns. (letter on file) There was no public comment so the public hearing was closed. John Watson asked for a clarification on the landscaping ordinance and setback requirement? Landscaping is addressed in 5.5 (I) of the zoning ordinance. The setback requirement is 25' but in Residential we modified it to 20' in 4.9 of the zoning ordinance to allow for the 7' landscape strip. John stated that he needs to adhere to the ordinance. Stephen stated he did not think this board had applied the 25' setback to a parking lot, which is addressed on page 43 in. the zoning ordinance. That has been a structural setback. Stephen told the board we could act upon his request for a Conditional -- Use Permit and have one of the conditions no less than a 20' setback in compliance with the ordinance. You are voting on a parking lot. The ~~~ drainage and the rest will be dealt with the engineers and department heads. A motion was made by Roger Muir to approve the Conditional Use Permit contingent upon the 20 foot setback, with approval from the engineering department and adequate lighting. Seccnded by John Watson. All Aye RE: GARY SMITH FENCING OF PARKING LOT TOPIC: (500,142,,,SMITH*GARY,FENCING,PARKING) Gary Smith fencing of parking lot. He said in the spring they are going to put the approach further to the east. Val commented that a fence cr barrier would stop the cross cutting through the other property. It was felt by the board members that he should bring a fence out that tappers down to 3 feet to detour traffic with a 6 foot fence to encase the parking lot. RE: DEAN PETERSON STORAGE UNITS IN IMPACT ZONE TOPIC: (500,142,,,STOP_AGE UNITS,PETERSON*DEAN,IMPACT ZONE) Dean Peterson - 586 Chad Drive- Storage Units in the Impact Zone. He started building the storage in 1993 before the Impact Zone was in place. They would like to be able to finish the project. They are not ready to build right now, but they had planned to do it in stages. He showed pictures of the shape of the buildings. (showing .plans) He has had this property since 1993. He had made a plot plan when he started. Stephen stated to grandfather this in it requires a physical substantial act to have been taken to facilitate a Grandfathering. It takes a substantial undertaking of the part on the property owner towards accomplishing the task in order to obtain a Grandfathering right. The distinction between this and the other units out there would be the substantial undertaking of running conduit ar_d electrical services to several other areas on his vacant property in anticipation of future construction. The plans showed what exists and what they plan to build. Brad told him the ordinance says that if you increase a use after it is zoned than 150 or mcre, it takes a zone change. Val showed on the plan how much would be 150. Dean stated the slope of the building indicates phase one is not finished and you can't leave t:he building half built. Stephen Stated that would be the argument relative to the pink orl the first phase on the plan that is adjacent to the orange phase on the plan would mean that substantial steps toward completion of those buildings was taken when he left the structure half finished, if in fact the way it is constructed it was anticipating a second half being added. Then it might generate Grandfathering relative to that northern phase which may lend itself to Grandfathering if the structures are such that they look like they are half finished or they were built with joists that were left open for additional attachments. Stephen stated legally he did not see any. options for Grandfathering the southern structure at all and without further information he could not speculate on the northern section and the buildings that but up against them. He and Val would have to look at the northern section to see it was a structure t~~ looks like it was intended to be completed or added onto. Stephen asked if there is anything about the backside that indicates that it is a structure that is intended to be built on? Dean stated it was slopped so it can be built onto. (discussion) Stephen suggested that we need it to go to Public Hearing for Dean to prove his intention which would grandfather the construction. He told Dean he wou:Ld have to convince the Planning Board that the structures are not complete. Stephen stated that the south part of this plan w~~uld not be grandfathered under any circumstance. Stephen explained what a zone change would include. Val commented these units do slope in and if they were built single units and intended tc be single units it would not= make any sense to do that so he would have a good argument that they ar_e not finished. That would be a good argument for the two north struct~lres but would not be an argument for the structures on the south side i=rom the 15o unless there was another type of reason. Stephen stated t=he best witness would be Val or someone in construction who could tell trou that it would be nonsensical to build the structures the way they o,~ere built without the intention to complete those buildings. Does it constitute a substantial undertaking of Mr Peterson to build these structu;~es prior to the zoning? We will just be addressing the top or north sectic;n which might be grandfathered. The South Section would require a zone change. The chairman crossed out the bottom section or south section. The portion to be discussed would be the one that is not crossed out. Boyd Cardon- 1535 Tr7est 190 South- That zoning out there is residential and they would like to reserve a residential look. He felt that in the master plan they need to dress it up so it looks residential with trees and shrubs. Right now it is weeds and gravel. They maybe could beautify the structure. Dean stated that they would like to beautify it but do not have any water. Bill Connway- He also lives in that area. That unit is already there and presents a scar so we can't do anything about that. He felt it should be landscaped. Whether it is a completed structure or not is a mute point. From his perspective it locks finished.. He lives on the side that is the most done. He felt the landscaping is a good idea. He was totally opposed to anything to the south of the existing structures. If the south section is crossed off as it is and no longer a matter of consideration iri his perspective they could probably work with Mr Peterson with that building and the completion as he is calling it. On the south side of the building it does look like he did not quite finish it. He could tolerate it if it could be landscaped. Spencer Larsen-549 South 1500 West- He is probably the closest to this development. His concern is will the units face and be open to the south? His concern is because they are open to the south, another unit was meant to be built to the south to provide wind protection to keep the snow from drifting into them. When do you look at them as separate and one not affecting the other? They were brought into the Impact Zone which was inconvient for them unless it brought them protection in a residential zone. They would like to see it remain residential. Jan Laird- 190 South 100 West- Most of the people did not get a notice that something like this is taking place. Brad told her we don't send out notices unless there is a public hearing. They have Mr Peterson's tenants come to their house to be towed out because it is muddy inside his lot. She did not think it was a well built structure. Their concern is if there was even one mere built, there might be more come in and it would devaluate their property. They considered that to be residential property when they bought their property and want it to remain residential. Dean - The Lairds and some of the people bought their property after the storage units were there. RLas Van Allen- He lives down the street. 932 South 1560 West- He understands that because they a-re in the Impact Zone they can't have any cattle. Stephen told him he could have in R.R. They could have two big animals. If he is limited in the number of cows or horses he can have, Mr Peterson should be limited in the number of storage units. Val read from the zoning ordinance. The board felt he should have a master_ plan. with landscaping. Stephen stated if he is in fact grandfathered, it will trigger compliance with ordinance issues such as paving and landscaping because at that point it becomes a remodeling of an existing non conforming structure. Then you fall under the U.B.C. That is when you can tell Dean, yes we agree you are not finished; it was intended to be a second piece but because we are going to allow you to remodel these structures to conform to the Grandfathering we are-also going to require you to give us your landscaping plan and your asphalt commitment so we can bring this in to some compatibility with the existing zone. Lorie rr~1orneck- We don't want him to think we are attacking him. We would just like it to stay residential. We don't want it to go commercial. We don't want any new structure but have no problem with him finishing what he has already done. They would like some landscaping so it fits in better. They are concerned about rezoning. Dean stated that he would like to do landscaping but it has no water rights. Stephen told him he would sell him a water right to get him to do the landscaping_ The price is set by the canal company. He has property across the street. Doug Smith stated that he felt the storage units does a lot of good for Rexburg. It gets all the R.V.s and boats and such out of the city, but he can see what the neighbors are saying. He thought it should have some landscaping but was not sure it needs a lot of paving. There should be some stipulation that it have landscaping before we okay this. ~,r: ~~ Stephen told Dean it looks like what the board needs from him is a site ', • plan with promises on what he will accomplish. He needs to give it his best effort and we will ask the neighbors that are here to come back to the meeting that will be held the 4th week in January. Stephen will sell him a water right so he can landscape. RE: MARK MARTIN AMENDED PLAT APPROVED TOPIC: (500,145,,,MARTIN*MARK,PLOT PLAN) Mark Martin Amended Plat. Jeff Frieberg of Harper Leavitt Engineering was at the meeting to present the amended plat. John Watson declared a conflict of interest. After review and discussion a motion was made by Doug Smith and seconded by Bobbette Carlson to approve the plat. All aye Meeting schedule- after discussion and a vote it was decided that starting in February Planning & Toning meetings would be held on the 2nd and 4th Thursday of every month. The council would like a meeting to discuss requirements for annexation. The board told Rose to have them schedule a work meeting. RE: RESOLUTION 98-11 URBAN RENEWAL RESOLUTION TOPIC: (500,145,RES,98.11,URBAN RENEWAL PLAN) Resolution 98-11 was explained by Stephen by Mike Thueson and resolution. All Aye Meeting adjourned. read by Brad. (on file) This. resolution was it an Urban Renewal_ Resolution. A motion was made seconded by Gary Steiner to approve the •