HomeMy WebLinkAboutP&Z MINUTES MAY 13, 1999l J
DATE: (051399)
Planning & Zoning
5/13/99
7:00 P.M.
Present: Chairman: Davawn Beattie
Members: Ted Whyte_
Raymond Hill
Roger Muir
Mike Thueson
Doug Smith
Bobbette Carlson
Marilyn Hansen
Gary Steiner
City Clerk: Rose Bagley
Attorney: Stephen Zollinger
P.F.C.: John Millar
RE: LILJENQUIST RESIGNS FROM PLANNING & ZONING COMMISSION
TOPIC: (500, 178,,,LILJENQUIST*BRAD,PLANNING & ZONING)
Stephen told the board that Brad Liljenquist has resigned to accept
employment out of the area. Davawn Beattie has been appointed by the
mayor. and City Council as Chairman of the Planning & Zoning Board and
Raymond Hill has been appointed as a new Board Member.
A motion was made by Ted Whyte and seconded by Marilyn Hansen to
approve the minutes. All Aye
RE: D.J. BARNEY REGARDING GRANDFATHER RIGHTS AT 407 W 1ST N
TOPIC: (500,178,,,BARNEY*D.J.,GRANDFATHER CLAUSE,IST N.)
Stephen explained D. J. Barney has some old buildings on his property
where he and his father has a business located at 407 West 1st North.
These buildings are old and run down. His concern is if he tears them
down to clean up the lot, if he can't afford to rebuild them within a
year will they loose their Grandfather Right and how long can they go
without rebuilding before they will loose that right? Under our
ordinance it appears that once the building is torn down, if they are
not reconstructed within one year they would loose the right to
reconstruct them. His alternative is to .leave the old buildings there
until such time as he can afford to replace them or what he is seeking
is an agreement with the Planning & Zoning board. He would like the
agreement to acknowledge that the buildings exist and that he intends
to replace them and have a specific time set greater than one year
during which he could replace them. He would like to remove them and
abate the unsightly nature of the buildings now and replace them
sometime when they can afford it.
D. J. Barney arrived at the meeting to explain. His father purchased
the Jack Covington property last fall and there is three smaller
• buildings on the property they would like to tear down. They would like
to be able to rebuild these buildings later without loosing the
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grandfather option. They would like to clean up the property. They are •
hauling the scrap metal away. They would like to be able to rebuild
when they can afford it in a few years. He said if they can't tear them
down and rebuild them later,then they would leave the buildings there.
Stephen told him it would take an agreement reached by them and the
city to allow them to remove the buildings and preserve their structure
rights that exist right now. This would have to occur before he
actually tears down the structure.
Paul Pugmire stated that it would require him to come before the
council and would require a council agreement.
Davawn Beattie tabled the issue to proceed with the scheduled Public
Hearing.
RE: PUBLIC HEARING ZONE CHANGE AT 3RD SOUTH & 2ND WEST FOR DEAN BIRCH
TOPIC: (500,179,,,ZONE CHANGE,PUBLIC HEARING,3RD S.,2ND W.,BIRCH*DEAN)
Stephen Zollinger read the notice of Public Hearing to change the
zoning. A Public Hearing regarding the proposed rezoning to provide as
follows:
That the owners of the following described property is requesting that
it be rezoned to H.D.R. (High Density Residential) to allow for multi
housing to be built. The property is currently zoned H.B.D. (Highway
Business District). •
• The property is located on the corner of 3rd South and 2nd West. Legal
description is on file.
John Millar showed a map of the location of the rezone. The majority of
that block is zoned H.D.R. other than the Sandwich Shop on the corner
and Erickson Parking Lot. The proposal is to change the zone from
H.B.D. to H.D.R.
Dean Birch was not in attendance to the meeting.
Davawn asked if anyone in the audience wanted to testify, there were
none.
Close Hearing and turned it over to the board
Discussion. That area is mostly apartments at the present.. Stephen told
them at the present time he plans to build a 6 or 8 plex on the vacant
lot as far east and south as he can build it,
A motion was made by Mike Thueson and seconded by Ted Whyte to
recommend to the City Council that the zoning on this property be
changed from H.B.D. to H.D.R. All Aye
• RE: D.J. BARNEY ISSUE
TOPIC: (500,180,,,GRANDFATHER CLAUSE,BARNEY*D.J.,1ST N.)
D. J. Barney issue- Discussion. A motion was made by Bobbette Carlson
and seconded by Mike Thueson that because it would be an advantage to
tear these old buildings down that we recommend to the city council.
that they draw up an agreement with the Barneys that if they tear these
buildings down that he be given permission to rebuild them and that he
and the city council come up with a time frame so he won't loose the
grandfather right. All Aye
Mr Barney also told the board he has some fencing material to fence in
his property that is used for a business. He is also going to plant
some trees and shrubs for screening.
RE: Z.O.C.O. EVERGREEN. SUB DIVISION
TOPIC: (500,180,,,Z.O.C.O.,AIRPORT,ZOLLINGER*STEPHEN,
EVERGREEN SUB DIVISION)
Z.O.C.O - Evergreen Sub Division- John Millar showed the plat and also
the Sawtell and Henderson Preliminary Plats which would tie into this
plat. Stephen stepped down from the table so it would not look like he
had a conflict even though he is not a voting member. The issue before
this board is the final plating of the. property .located on West Main
directly South of the Airport. The current zoning of this piece of
• property is L.D.R.1. The property has. 77 lots and will provide for a
one acre of green area. Their is one lot that would front onto highway
33. The other lots would have access either to the east through
Starlite Addition or when it was originally plated a road was planned
and had been constructed coming out of the Starlite Addition going
toward the west and that extends for about one lot depth and there is a
berm across that now. The primary access would be onto 1500 West at a
point of about 200 or 300 feet south of second curve coming from the
State Highway. There is a future access that would be added with the
church property where the Park Street Church is. There is a proposed
Subdivision that has a preliminary plat that has been approved some
years ago and that has a cul-de-sac in the center of it showing the
road that would be between the church and the Sawtell Addition which
would access a road which is the extension of Park Street over onto
1500 West. Some years ago there was a preliminary plat .approved for a
development that is south of the Park Street Addition which would also
provide for continuation of the road through and over onto South 5th
west. Those are both preliminary plats and have not proceeded. beyond
that point. For the. wastewater handling for this Subdivision, there is
a line that comes from the main pump station located at the south east
corner of the Golf Course. The existing .line comes across Highway 33
and terminates at the corner of this property: It is of sufficient
depth to provide service to this property. Water for the facility would
come from the line through the Park Street Addition. There was also a
12 inch line over to 1500 West that serves the Comfort Inn and also
- -- services the Solid Waste Transfer Station. Storm Drainage would be
` • handled by an existing line that serves the Starlite and Park Street
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Addition that goes north into the 24 inch line that is on Main Street .
or Highway 33.
The one issue that has been brought to our attention is on the approved
airport layout plan and there is a future acquisition shown for what is
called a runway protection zone that would possibly interfere with
three or four lots on the north. They are submitting forms to F.F.A.
and they will make the final determination on that. They .have also
allocated some right-a-way so that sometime in the future the two
curves on 1500 West can be flattened to allow for better traffic
movement through that area. That would require acquisition from another
property owner and at some future time that would be negotiated. It
would provide for changing of those curves.. John stated the area has
been looked at numerous times for residential development due to the
prior owners not wanting to move on it he assumed it has not had
anything happen to it until this time.
John reviewed with the group with the .letter and petition received from
the residents of Starlite Addition with the concerns they had. (copy on
file) (1) Street Widths- what they are concerned with is this access
would allow for access from the east and through the Starlite Addition
on Aries, Gemini and on Taurus. Those streets are 39' to 40' which was
the standard width at the time those were developed. They are showing
Park Street as 36'. There is no question there would be some traffic
going toward the East.
(2) Snow removal- In Starlite the sidewalks are contiguous to the Curb
and Gutter therefore when the snow is plowed, it ends up on the •
sidewalk. It is proposed in this subdivision that there will be a 7
foot planter strip between the road and sidewalk. This will allow for
snow storage from the street. (3) Foot traffic- There is a lot of foot
traffic with kids either going to school or to the church and during
the winter the sidewalks are buried with snow and the kids will walk in
the road. (4) Emergency vehicles- There would be emergency access to
and from both subdivisions and John said he did not see much of an
issue with that. He discussed the traffic pattern, indicating that he
felt the traffic would go from Evergreen and Starlite onto 1500 West.
Stephen explained that in developing this they looked at the best way
to avoid pass through traffic coming not only the Evergreen Subdivision
but also Starlite. They did not think there was a way to preclude
traffic going from the Evergreen Subdivision into the Starlite
Subdivision when they are headed to the south east portion of Rexburg.
He did not think it would be a significant impact on the traffic during
the day. He felt that Park Street would be impacted until such time as
the other subdivision is built probably more so than Gemini, Taurus or
Aries. This traffic will impact the Starlite Subdivision but it was
always intended to impact that subdivision. Since Starlite was plated
this property has been intended to be plated as an extension of that
subdivision. The road has always been stubbed out from the Starlite
Subdivision to this property. They did not see•a better way of managing
the traffic flow and would ask that the committee approve it as drawn.
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• Davawn told the people this is not a Public Hearing but would hear from
a spokesman from the group. The written letter and petition will be
entered in the record and all the board have a copy of it.
Dave Pincock - 510 Taurus- With the number of people here and the
number of people signing the petition it indicates their interest and
their proposing some changes to be made to the plat. Their concern is
the traffic going through their subdivision. There is no argument that
no matter how the subdivision is planned there will be some traffic
through their subdivision. They are not against the subdivision they
are concerned about the layout of the subdivision. As you enter
Starlite on Taurus and there is a "Y" so you can go down Taurus or
Gemini. The streets are not wide enough with the cars parked on the
streets to handle much more traffic. We realize there will be more
traffic coming through with another subdivision and they feel like
another access especially to the .north would give people another
opportunity rather than going all the way through Starlite particularly
with the children walking home. Street width is a problem. They need to
be wide enough to handle the additional traffic. As you come .into the
addition with the "Y" it is not wide enough to handle two cars with
cars parked there. When the snow plows plow in the sidewalks the kids
walk in the street. How long will it take a fire truck or an ambulance
to go through Starlite and go all the way around 1500 and come back up
into the Evergreen Subdivision? Park Street is going to have a lot of
traffic and it is narrower than Taurus and Gemini and won't be able to
handle it. On the corner of 5th West and Taurus between 7:45 A.M. and
• 8:00 A.M. with people going to work and kids going to school with the
at the stop sign you will see five to six cars lined up. There is also
a day care on the corner which adds to the traffic. We are asking you
to consider looking at the plat and consider another access onto the
Highway on the North.
There has been some communication with the Highway Department and they
have not been contacted by anyone regarding an access onto the highway.
Even if an access went to the west onto 1500 West it would be better
than the way it is. There are 198 children in the Starlite Subdivision.
There are 91 homes in that addition.
Doug Smith stated he at one time lived in that Subdivision and the only
way out of that addition was to the east. He asked if they had thought
about that this might not impact them very much because it will not
allow a West .access out of that subdivision. If you were going to Idaho
Falls, or taking your kids to the Middle School or to the college it
would be faster to go to the West. There would be a traffic safety
problem for another access onto to Main Street. With the access that. is
already there you would have to be watching for two different sets of
traffic to be watching for in a very short distance.
Von Crawford- If you take half of the subdivision are you going to wind
all around to come out on the west? The traffic will want to go the
quicker way. It is poorly designed to get to an main road. In the
Starlite if you are going down the street and there are cars parked
• along the street and cars coming toward you we can't pass. If it is
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increased to 50 more cars a day, we are looking at a problem. He •
suggested there be another exit by Davenports.
John Millar explained that 1420 West has been designated for a
Collector Road for the future and he felt in a few years there would be
a signal. light intersection onto the highway. If that road does: have a
signal that would put the roads too close if another access was put
going out of the Evergreen Subdivision onto the highway. If there is
another access he recommended that it go from Logpole onto 1420 West.
Stephen expressed concern that he felt if that access was put in people
will cut through Starlite from-5th West to 1420 West to avoid the
Kennedy School. The police issue a lot of tickets on the road past the
school.
Jerry Merrell- 571 Taurus- He understood what Stephen is saying as he
looks out from his shop and he sees the police picking up people for
speeding in that school zone. If it were him he would not wind through
Starlite and Evergreen if he were coming in through the west. His
concern is if people are in a hurry driving through that addition which.
would be a danger for the children.
John Millar felt the Planning Board should make a recommendation to the
Traffic Safety Committee to evaluate the traffic going through the
Starlite Addition.
Grant Benson- 605 Park Street- He felt that the traffic will go down •
Park Street rather than go through the Starlite Addition if they are in
a hurry. He was concerned about the traffic coming down their street.
He suggested that there should be a road that would be a thoroughfare
to 5th West.
The protective covenants was questioned and what kind of houses would
be in that addition. Stephen told them based on the size and price of
the lots would govern the type of houses. It will be a split
restrictive covenants.
Liz Stephenson- 555 Gemini- She questioned as she understood right now
Pinion Street by the Laird Subdivision would not be finished? Stephen
said they would not finish it. It would be up to the Lairds to finish
it and that would possibly be with an L.I.D. When that street is
finished there would be a big impact. on Park Street. She felt Mr
Benson's idea of a thoroughfare to 5th West was a good idea.
Discussion on traffic.
Question on the flight pattern? The planes do fly over the field.
Discussion on the safety if there are residents living there.
Jan Laird- The planes barely clear their roof. She has called Salt Lake
and Boise and talked to F.F.A. and there are some restrictions that can
be imposed. There can be sound detectors in place to help control this.
It is up to the city to do that and to control what kind of air craft •
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4' • are allowed. The crop dusters can't go higher. She can imagine the
problem with houses closer to the airport.
Davawn-told them he felt Mr Zollinger is addressing the concerns of the
airport.
Janet Crawford- 526 Gemini- If the lots that will be put into green
space because of the airport, possibly Lodgepole could extend on Lot 12
it would put it farther away from the main entrance to Main Street.
Discussion of the board.
Councilman, Paul Pugmire- Stated he appreciated all of the people
coming and expressing their concerns. He also stated that Stephen
Zollinger is an asset to the city and provides an important service.
Marv Holt indicated that there was a conflict of interest with Stephen
and the decision for this development because he has influence as the
City Attorney will be a conflict. Paul assured him there was no
conflict of interest. Dave Pincock spoke up and told Mr Holt he
disagreed. He use to serve on the Planning & Zoning and speaking from
experience, there is high integrity in this Board and with the Council
and if there was a conflict they would not let it happen.
Paul Pugmire- The city system relys on a number of committees like the
Planning & Zoning. The members of these committee are chosen by the
(~ • Mayor and Council to give of their time and expertise to look over
specific issues and give their recommendations to the City Council. We
have many of these committees. The Safety Committee is a different
committee which will address .the traffic safety. The committees report
to the council and then it is approved by the council. Kay Beck is the
council member on the Safety Committee.
Davawn told them that 1500 West access to 7th South and onto old
Highway 191 will now have a stop light to be installed this summer and
that will help the traffic from the Evergreen Subdivision, Starlite
Subdivision and Park Street.
A motion was made by Doug Smith to recommend to the City Council to
accept this Plat as drawn with one exception and that is the board
proposes that there be an opening along Lodgepole to access the new
subdivision onto 1500 West, with Departmental. approval and that the
Traffic Safety Committee have an opportunity to look at it. There are
no other alterations that they entertain. Seconded by Marilyn Hansen.
All Aye
Discussion.
Ted Whyte suggested that the City Council look at an L.I.D. for Pinon.
RE: SUB DIVISION ORDINANCE REVISION
~= TOPIC: (500,184,,,ORDINANCES,SUB DIVISION ORDINANCE,SUB DIVISION)
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John Millar discussed the Sub Division Ordinance. It was felt by the •
~ board that it was a good ordinance as John had revised it and that it
should be reviewed by the department heads and then turned over to the
City Council.
Meeting adjourned.
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