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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 ;~ P 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 r ~~ 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. • 1$ `~ • 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 ~~~ 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 • U( 1 `~ 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) ~. • 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. r1 L_~ •