HomeMy WebLinkAboutP&Z MINUTES JUNE 17, 1999r' y~
DATE: (061799)
Planning & Zoning
6/17/99
7:00 P. M.
Present were: Chairman: Davawn Beattie
Members: John Watson
Marilyn Hansen
Bobbette Carlson
Gary Steiner
Mike Thueson
City Clerk: Rose Bagley
Attorney: Stephen Zollinger
P.F.C: John Millar
Councilmember: Marsha Bjornn
A motion was made by Bobbette and seconded by Marilyn Hansen to approve
the minutes of 5/27/99. All Aye
RE: LOREN STEGELMEIER ZONE CHANGE REQUEST
TOPIC: (500,191,,,STEGELMEIER*LOREN,ZONE CHANGE,IMPACT ZONE)
Loren Stegelmeier Zone Change Request in the Impact zone. John Millar
explained what they wanted to do. It is the property located just
South and East of the Teton View Drive In. There are two acres in
front where the Veterinarian Clinic is and nine acres extending east
and north. They would like to rezone that nine acres to Residential.
The property that extends behind. the movie theatre would be contiguous
with the residential zone. Discussion. A motion was made by Mike
Thueson and seconded by Marilyn Hansen to take it to Public Hearing for
a zone change. All Aye (After the meeting Stegelmeiers decided to wait
for one year to change the zoning.)
RE: LIBRARY DISTRICT CONSIDERING NEW LOCATION AT 426 WEST MAIN
TOPIC: (500,191,,,LIBRARY,PUBLIC HEARING,C.U.P.,MAIN STREET)
Public Hearing for a Conditional Use Permit for the Library-
A Public Hearing regarding the issuance of a Conditional Use Permit to
provide as follows: It has been requested that the following described
property be granted a Conditional Use Permit to allow for a Library to
be built. The property is located on West Main at approximately 426
West Main. John explained the Library would be allowed in this zone
with a Conditional Use Permit. The departments have not had time to
review the plan but John did not see any complications. The proposed
new library is between 4th and 5th West on the North Side of Main
Street. He explained the location. The zone is zoned M.D.R. with a
Professional Office Overlay. The zoning would allow for the Library
with a Conditional Use Permit.
John Watson declared a conflict of interest. He explained the reason it
is being presented now is not because they plan on starting right away.
The reason they are bringing this before the Planning Board is because
the Library District in their planning have been looking at a number of
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properties. A year or so ago they looked at an expansion of the
existing library, they did all they could do but still came up with
some problems such as the parking issue with the Tabernacle and
Beehive Clothing. At that point they started looking at different
properties because they want to plan down the road twenty years or so.
They met with a number of realtors and looked at a number of properties
and settled on this to see if a conceptual scheme would work. They have
put earnest money on the property and they feel it is a good location.
They hired .John to lay out a scheme or plan to see how large a building
they could put on that property, with adequate parking and to see if
they could get on and off Main Street and to see how it would
effectively fit on the property. That is what the drawing is trying to
illustrate. He had told them the property was 1.8 acres and that they
could put about a 20,000 square foot building on one level. They could
easily get the required parking on this spot which is 60 parking spots.
It is a generous spot for the building, parking and landscaping and
there is an option for additional property in the back. They are going
through this process to see if there are additional concerns and
problems. One issue is it is a little low from main street so there
would be some grading issues. They would be happy to put in additional
fire hydrants for additional fire protection. He would go back and tell
them what has come out of this meeting and they will decide if they
want to proceed..
Davawn opened the hearing for public comment.
Graydon Burton- 416 West Main-
-. their property. He is adamant
felt that should be considered
investigating types of privacy
felt it needed to be addressed
running in and out and making
their grandchildren. They have
they raised the highway.
He didn't object to the Library next to
on drainage and privacy screening and he
. For five weeks they have been
fences. They are quite costly but he
. They don't want to worry about people
a lot of noise and also the risk for
experienced problems with drainage since
Tom Williams- He was concerned about the traffic flow and the cars
trying to get in and out of the Library.
Jill Spencer- 15 North 5th West- Her concern was getting in and out of
the driveway and also the safety for the children walking to the
library across the canal going to and from the library. Another concern
is there are empty buildings in town and she could not understand why
we always have to be building new buildings. She asked if they had
considered the old Broulims building or the property next to it?
The Librarian told the people they had looked into the Broulims
Property. They don't want to sell. They only want to lease the building
and their price is too high. This is the best option they have found
and tonight they are just seeking public view.
Close the hearing and turned it over the the board.
The board discussed the traffic and safety. John Watson felt a traffic
study needs to be done. John Millar told them that is a State Highway
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Department and needs to be done with coordination with Highway
Department regulations. That could be a condition of the. approval. He
also stated that there are sight limitations from the east with the
height of the canal. Mike also indicated there would need to be
adequate screening.
.John Millar told them if they plan to sell the existing building, it
sets partially on the right-a-way and may encumber the stale of the
building.
John Watson stated the immediate goal was to expand but the big issue
is the tabernacle won't go away and it impacts the parking. They could
only grow to the west, they can't grow to the south. It is sad that the
city let them build the library on the right-a-way twenty-three years
ago. They are talking about a significant expenditure to build a new
building. Today with the A.D.A. Code, the Life Safety Code and the
U.B.C. when you go into a building that was built twenty years ago you
can spend more money remodeling it and making it meet today's code than
if you build a new building. They know there is a screening requirement
and he had screening in the plan. He felt it was important to look at
the safety issue around the canal. They would address the drainage. It
won't fix the Burton's problem but will address the site.
The Burtons were concerned because there is no walkway on the bridge on
lst North if they come from that direction to the library. There is
also a problem with the walkway next to the canal on Main Street.
Discussion.
A motion was made by Marilyn Hansen to table the issue until further
investigation and a traffic safety study can be made. Seconded by Mike
Thueson. All Aye except John Watson who abstained. John Watson also
agreed that they would do this study.
RE: ASSISTED LIVING CENTER ON MAIN STREET CONDITIONAL USE PERMIT
TOPIC: (500,193,,,ASSISTED LIVING CENTER,L.D.R.l,MAIN STREET,C.U.P.)
Fence between Beehive Homes and the Burtons- John Millar explained that
the Beehive Homes were given a Conditional Use Permit to build their
complex. One of the conditions of the Conditional Use Permit was that a
fence be constructed between the Beehive Homes and the Burtons. In
talking with both sides the difficulty arises in what is an acceptable
fence so it has come back to the board. John discussed the issues that
have come up: (1) Drainage is a problem at the Burtons. Stephen
explained there has been some hope with the Burtons that a fence be
constructed in such a nature that it would assist in keeping the runoff
from the road from getting into their property. What John and Stephen
have told the Burtons is that we don't dictate the type of fence but
the function of the fence so a sight obscuring fence would be something
that the board would have the authority to direct. The board would have
the authority to direct that the fence be maintained so if a wood fence
were built they would be required to water proof it on a yearly basis.
The distinction between a wood fence and a masonry fence is not
something this board would generally have jurisdiction over. John
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Millar explained. (2) Another issue was the access road into the
Beehive Homes due to site constraints it is quite elevated and the
.Burton's were concerned that a car could run off the road and onto
their property. They have talked about requiring a graded ditch area
that would try to retain traffic on site. (3) There is a problem with
some of the curb and gutter on Main Street in front of the Burtons.
That is a city responsibility. The sidewalk will have to meet A.D.A.
requirements however they have not come back with that plan.
Melonie Iler representing Beehive Homes told them their engineer and
contractor will come up with a plan. Stephen stated that the issue then
is limited to the fence. On their site plan they proposed a berm right
on the property line which would serve the same purpose for retaining
most of the reasonable expectation of vehicles sliding off that road.
Another issue is there needs to be some type of a fence and there needs
to be some type of a structure whether it be a berm or a concrete
footing that will assist in keeping cars from sliding into the
adjoining property.
A motion was made by Bobbette Carlson that if agreeable with both
parties they be required to put a maintainable berm in with a six foot
fence to keep the water from going onto the Burton's property
consistent with the Ordinance. Seconded by Gary Steiner. All Aye
Mrs Ilex- Roger Derky from the Bureau of Facility Standards was here
looking at their facility to approve it and he noticed the canal to the
east and he is going to require they put a fence in. That would address
some of the safety issues regarding the library. It will be put in the
Beehive Homes property leaving a right-a-way.
RE: L.I.D. SIDEWALK ISSUE ON RICKS AVENUE
TOPIC: (500,194,,,RICKS AVE,L.I.D.3I,SIDEWALKS)
L.I.D. Sidewalk Issues-
Stephen explained these issues arose at the City Council Meeting during
the L.I.D. Public Hearing. There are a couple of areas in the city that
feel like the sidewalk requirements imposed by Planning & Zoning would
put an undo hardship on their particular piece of property. The City
Council felt they should come to this group and discuss a possibility
of getting an exception and exemption from the sidewalk requirement.
The council is looking to the Planning Board to give them a
recommendation on it as to whether there should or shouldn't be an
exception made for these properties. They are presently scheduled for
construction on the L.I.D. that was approved last night.
Mr Cook on Ricks Avenue- John Millar explained the problem we have with
Ricks Avenue is it was built without full right-a-way and the road is
27' wide and the right-a-way as shown on the plat maps is 16 1/2 feet
wide so there is no right-a-way on the Northern part of that road. The
other problem is because of the sight restrictions, houses are as close
as twenty feet from back of curb to the houses.
The one for Mr Williams on 2nd North- They have a three foot walk on a
significant portion of their property. Our current ordinance requires a
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four foot minimum and five generally speaking. The one on 2nd North
does have adequate right-a~-way. The question was is the three foot
sidewalk adequate. It does sit adjacent to the curb and gutter.-That is
the only sidewalk on that block currently. Stephen explained the
current ordinance. The Williams feel the three foot sidewalk is
adequate and it blends in nicely with their landscaping. They are
asking to be able to keep their three foot sidewalk.
John Watson- He had looked at Ricks Avenue and there are power poles in
the way and overhead power lines and there is also the access to
Tito's. His feeling on Ricks Avenue is that it is no different than the
alley behind the jail. It is an extension almost. He does recognize
that it is a street but if you look at the city map it is almost an
after thought. It is like someone took an alley and made a street out
of it which made it hard to do anything with. He wondered how the city
could put a sidewalk in if there is no right-a-way and where would they
go? Mr Cook discussed with the requirement of the 30o concrete or
paving in the front yard, it would make it impossible.
Stephen told the board if we don't put in a sidewalk he would recommend
that we abandon the street as a liability concept. (discussion) John
Watson felt that even if we have to abandon the road he did not feel
they should put a sidewalk in. There are other areas in the city that
have the same problem where there is not adequate right-a-way for
sidewalk.
Discussion on a one way street and putting sidewalk on one side of the
street. (discussion)
A motion was made by John Watson that the sidewalk ordinance not be
enforced on Ricks Avenue and because of the liability issue we abandon
the street based on the fact that it is unmaintainable as a city
street. .Seconded by Gary Steiner. All aye
RE: TOM WILLIAMS SIDEWALK ISSUE
TOPIC: (500, 195,,,SIDEWALKS,2ND NORTH,WILLIAMS*TOM)
Tom Williams property- Discussion. Stephen suggested that in this case
in order to preserve the interest of the city in future. We require at
both ends of their property a section be installed which would show the
transition to what we intend to have happen on either side of them
which would be five feet of sidewalk. We taper it out on either end of
their property or turn it and take it out to the seven feet. Let them
leave the three foot wide section they have but we use the ends of
their property to put in sections on either end that would establish
the transition. Mr Williams stated that when the other property owner
along that street put sidewalks in they would probably be willing to
take out the three foot sidewalk and put in the larger one.
A motion was made by John Watson that we require that they put a
transition piece of sidewalk on each end of their property five feet
wide so that if the adjacent property owners make changes that they
will tie into that five foot sidewalk and that they leave the three
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-~ foot wide sidewalk in as it is and authorize the engineering department
to approve this recommendation. Seconded by Marilyn Hansen. All Aye
Meeting adjourned.
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