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HomeMy WebLinkAboutP&Z MINUTES JANUARY 12, 2000~~~ DATE: (011200) PLANNING & ZONING January 12, 2000 7:OO p.m. Present: Chairman: Davawn Beattie Members: John Watson Bobbette Carlson Raymond Hill Gary Steiner Doug Smith Mike Thueson Roger Muir City Clerk: Marilyn Hansen Attorney: Stephen Zollinger P.F.C.: John Millar Council Member: Donna Benfield Davawn welcomed the new Council Member, Donna Benfield Davawn and the members gave thanks to Rose Bagley for the 21 years of service she had given the Planning & Zoning Board while she was City Clerk and presented her with a bouquet of flowers. A motion was made by Bobbette Carlson and seconded by Roger Muir to approve the minutes of November 11, 1999. All Aye. It was discussed that a work meeting was needed in order to read, review and study the ordinances. The work meeting was set for January 26, at 7:00 p.m. if the schedule is light. Those absent will be notified and the members were ask to review the ordinances before the meeting. Roger Muir asked a general question about parking on county roads, whether or not it was prohibited under an ordinance. Stephen stated there is a county ordinance that prohibits parking on county roads, all public right-of-ways, primary enforcement is at intersections and areas where parking creates an obstruction. (Discussion) Davawn will be gone the last 2 weeks in February and the first 2 weeks in March. John Watson will be acting Chairman. RE: ANNEXATION OF 5TH WEST AND 7TH SOUTH TOPIC: (500,214,,,ANNEXATION,5TH WEST,7TH SOUTH) Davawn opened the public hearing at 7:15 p.m. concerning the annexation of 5th West and some of 7th South. Stephen read the Notice of Public Hearing. John Millar reviewed the map of the area for proposed annexation. The history south of 7th South and either side of 5th West, is that part of the area annexed when the Middle School was built, the area on the east side was annexed after it was purchased by Ricks College. There are several reasons the City is desirous to annex this property, one is ~j~ that all of the properties along the west side of 5th West are currently on either city water and/or city sewer. There is only one property on the east side that is on city water. The area has become almost an island within the city limit area and we received a petition from 7 of the residents in that area requesting annexation. With that petition the City has discussed at great length with the Mayor and Council and decided to seek annexation of this area. First step in annexation is notification and then going to public hearing. The time was turned to public comment Gale Harding - 329 W. 7th South He owns 3-1/2 acres as well as 7.3 acres bordering Ricks College on the east side as well as on the south side. Gale feels that as far as his family is concerned he sees nothing that they have to gain from annexation. He checked on taxes, they would go up about $450.00, he has his own well, he has 3 wells on the property with approximately 10 acres, garbage is not a problem because he shares in the garbage with the National Guard Armory in an agreement they made about 6 years ago. As a family entity of the Hardings he opposes annexation. As far as police protection he is not concerned because he gets calls at 2-3:00 in the morning because the nursing home calls when seeing people over at the arboretum. He is opposed to annexation because he feels it would do him no good plus his taxes would go up. On the 6.3 acres he has an auction business. He conducts approximately 6-10 farm auctions a year and he would hate to see that go residential and someone object to his business. Lucy Blackham - 765 So. 1000 West Lucy stands in opposition to annexation. She moved to the area a long. time ago because it was a rural area and she loves living in the county versus the city. They get good services, snow removal is several days ahead of what they get in the city and for several other reasons. Her husband was not able to be here tonight, he will be here next week and state his feelings on annexation, but she very strongly desires to stay in a rural area and feels that if it is annexed into the city, this will change. She stands in opposition, Weston Lawrence - 1144 So. 5th West He has between 3-1/2 and 4 acres in this area, his place is the old old county gravel pit. He has approximately 250 feet of frontage. He just recently installed a new cased well, they have two cesspools, one for the basement and one for the rest of ttie house, and they are sitting nicely in that respect. He is opposed to annexation, he joins the others in opposition. Randall Foster - 1057 So. 1000 West He is opposed to annexation into the city basically for the same reasons that have already been stated. He realizes that he is one of the members on city water and city sewer, it is his understanding that they pay 50% more than the city residents for these services so he sees no beneficial use as far as the water and sewer department for annexing them into the city. He wants to go on record stating he is opposed to being annexed into the city. ~/~ Dave Beck - 1187 So. 1000 West . Dave feels the same, he is totally opposed to being annexed into the city for reasons which have already been stated here. Greg Furrows -776 So. 5th West He is not sure why he has a city address opposed to a county address, it confuses the pizza guys and delivery people. He is opposed as well to annexation and was curious as to what the advantages would be other than. his water which he is already on and it would be a little cheaper. What would his advantages be? Stephen pointed out that immediate advantages would be as he pointed out, the rates would go down on his water and sewer. .Just to clarify, you pay about 1.3 times the amount city residents pay, not 1.5. The long range benefit is that most of you given your proximity to sewer will not be given septic renewal permits from the DEQ. You will pay a lot of money if you are not in the city when you ask to be put on the sewer because the hook-up fee is significantly more. Certainly you do have significantly better police protection, it is not because the county is not good at what they do as deputies, it is that they are covering thousands and thousands of acres with 2 people and we are covering just the city properties with 3 people. Those are the benefits that come immediately to mind from being inside the city limits. Your utilities are the primary advantage and resale of your property is also higher inside the city limits than it is outside the city limits. Mr. Furrows asked if they were annexed would their septics in some cases be condemned and would they be forced at some point in time, when they sold the property or whatever to connect to the sewer? Stephen answered that at the present time the city's policy has been to allow any septic system that is in existence and properly functioning to remain in existence until such time as they seek a renewal of their permit. At that point you would be required to hook on the city sewer but DEQ would require you to do that anyway. For those that live adjacent to a sewer line you will find out that DEQ will not renew your septic permits in the near future. The new policy statewide is septic permits, as of this year and going forward, DEQ or rather, District 7 handles the septics. District.? has indicated, we are yet to see if they are going to stand behind it, but have indicated that anyplace that is adjacent to a sewer line will be required to hook on to the sewer line. Under the circumstances and from what he understands Greg Furrows still stands opposed. Lucy Blackham - 765 So. 1000 West When would you be required to renew your permit? Stephen answered when her septic system fails. Septic systems have a limited lifetime, no matter how well your septic system is built, it has a limited life. Davawn ask Stephen to elaborate on the .advantages '~ for the city for annexation. The obvious advantage is that the city is putting infrastructure into the county and it is probably not going to continue. The city is in a limited budgetary position, there is not a a~~ -tax base sufficient to pay for the expansions that we have within the city, .this water line was paid for because we had to service Sheriff Moffat and his mother's property because they are in the city. The line had to be extended through a portion of the .county in order to service city properties. John stated we have also increased the size of that water line in the last year from a 2" line to a 12" line which now gives them fire protection. From a utilities management standpoint it is a lot easier for the City if they are not managing islands in the county. Randall Foster - What are the plans for the streets if this area is annexed? Stephen - At the present time the annexation would not trigger curb and gutter. The City has revisited that policy in the last few months. They are aware that there are some areas that do not have the ability to channelize the storm drain water so in those particular parts of the city curb and gutter are not required and this area would fall into that. There is an 11th South interchange that will surround this area, it will come straight off the spuds road and come across. This is not anytime in the next couple of years but that is the anticipated growth for roadway. Ricks College has already donated their portion of the right-of-way and when growth dictates, the road will be built and at that time there will be a storm drain put in and there will possibly be a Local Improvement District implemented that would put curb and gutter all the way down 5th West and 7th South. The question of in-city fee to hook up to the sewer is $575.00, out of city is $900.00 was answered by John. (Discussion of increased fees and taxes if annexed and of the sharing of snow plowing between the city and county plows) Randall - Looking at the numbers he has, he sees no reason for it to be financially feasible for the city to annex. There will be more roads to plow, sewer and water rates will go down, the argument that if septic tanks go bad it will cost them $575.00 if they are annexed, $900.00 to hook up if they are not, which is basically $375.00 difference. Stephen - It is not a fiscal decision for the city, it is a management decision. Public safety weighs into this, the 911 system is what has driven some of the discussions about this particular area. (Discussion of confusion as to county versus city on management, police protection, real estate values and better fire protection). The annexation would clean this area off square for better management. Lucy Blackham - Questioned if the Board had received a letter from Ralph Steiner opposing annexing. This letter has been received and will be read into the file. Weston Lawrence - If and when .annexation takes place and the sewer line comes down does that become an LID and are you required to hook. on? ~ I~ John - You are required to hook on when your septic tank does go bad. If it fails and you need to reconstruct it, District 7 would not issue you a permit. Weston - Because of his front footage it would make this annexation cost prohibitive for him. He is still opposed. The question was asked if the sewer goes by a property, do you still have to pay for the sewer going by your house. The question was answered by John that you pay when you hook on at the cost of $10.00 per foot. Even though this costs. the city more they try to entice people onto the system with a lower fee. Gale Harding - why was annexation stopped at Gordon Steiners? John - Because that basically squared off the properties. Gale Harding - If 11th South comes in it looks like annexation would be more beneficial if you went to Pole Line Road. John - Housing density was also a factor. Beyond this point, housing density is quite a bit less. As that area fills in we are going to be annexing further out and try to do it in an orderly manner. If and when 11th South goes through, you'll see commercial enterprises because you have a lot of traffic driving by, they'll come to the City seeking annexation after they have purchased the property. The City has no interest in annexing purely agricultural land just for the sake of squaring our boundaries, we are simply trying to manage the properties that have already been given to us. Davawn stated that there are two letters signed by Henry and Mary Bischoff and a letter from Ralph and Gale Steiner, both being in opposition. .These letters will be added to the testimony. The public hearing was closed: Questions were asked by the board to Stephen and John regarding the fee for hook-up of water and sewer and when these fees would be collected. The differential between city and county taxes is 23.50 increase. The increase supports funds to run the city operation, city police, city streets.. On a $50,000 assessed valuation, in the city it would be $960.00, in the county it is $615.00, or a $144.00 increase. With the water and sewer rates dropping, there is no standard but they drop a proportionate percentage which nearly offset each other. The petition for annexation and those signing were read and entered into the record. Those signing were as follows: Delynn Edstrom Hal Hunter Lamar Ellis Darin Call Howard Murdoch Rosemarie Sharp Lila Lawrence ~ l~ It was requested by Lila Lawrence that her name be removed from that petition. The City cannot force an annexation on any property over 5 acres and used for agriculture. Anything less than 5 acres or anything that is not agricultural in its purpose can be annexed over their objections. The total residents being discussed in the annexation is 21, of which 2 cannot be forced to annex. Doug Smith from the board wanted to make a comment since he is from the Impact Zone. "I find myself in Hibbard and I know the water thing is a real issue. The church drilled three wells before they got one that was pure and could be used. There is also a lady that drilled a well some 240' and got into nitrates worse than before she drilled her first one. We talk about great sewer systems, we have one that drains and we don't have to worry about it, but we do have to start thinking about it. I do not like my taxes going up either but I believe we need to get involved in this,. I wish I had a sewer line out past my house I could hook up because I would do it in a minute". John Watson discussed that from a planning point of view there is no contesting the fact that city systems are far safer as far as water, sewer and other points, so from a planning standpoint it makes good sense. It is a good move in terms of planning, it eliminates that island that exists there, over time it provides for sewer and. water, the best facilities for those that live there. It improves their police protection, it is consistent with good planning and the motion was made • by John Watson for the annexation issue to go to City Council to be annexed. The motion was seconded by Mike Thueson. Those voting aye: Raymond Hill John Watson Roger Muir Doug Smith Mike Thueson Bobbette Carlson Those voting nay: Gary Steiner The motion passed for annexation to be sent to City Council. RE: STREET PARKING ON COLLEGE AVENUE TOPIC: (500,219,,,PARKING,COLLEGE AVENUE,STREETS,PARKING TICKETS, PARKING ORDINANCE,SIDEWALKS,RICKS COLLEGE,PARKING SPACES) John explained the City received a complaint on parking on College Avenue. The problem seems to be rental units on College Avenue that do not have sufficient parking and are parking on front lawns, across sidewalks. The police have issued numerous tickets and sometimes you feel it is cheaper to pay a $10.00 ticket than try to find a place to park. This issue came before the City Council, they requested a Planning & Zoning recommendation on the questions of how tough do we get on this, do we need to look at the areas overall, do we need to make more stringent requirements on having adequate parking or develop a method that says a complex can only rent to kids that have no more ~~ Q • cars than you have parking places. The Council is looking for some help on how to handle this issue. Roger felt that the last issue 'was key, if you don't have a parking space you should not have a car. This is what they did with the issue from Ross Farmer last year with the house next to Carriage House. (Discussion on the pictures of parking on College Avenue and a list of parking violations presented to the Board.) Parking on the sidewalks is an issue the police can address, they can ticket parking for that because it is a violation. The parking on the front lawn comes back to a zoning issue so they cannot issue a parking ticket for parking on a lawn unless we direct otherwise. If you use a dedicated parking space it is required to be hard surfaced and meet the setback area. It was suggested to go back to the housing office at Ricks College. If they are going to make these places approved housing they can only allow the number of parking spaces they have for the cars they have. If they don't have it, they can't have a housing contract. Parking Ordinance does not prohibit parking on lawns, Planning & Zoning's Ordinance does prohibit the parking on lawns. You could recommend .that the parking ordinance be amended to include the parking violations that are incorporated within the Planning & Zoning Ordinance. There is a section that is called "Other", the officer could write Zoning Violation. But we need a recommendation from this board that the police start enforcing that and then you have to decide if the police have the manpower to police it city wide. Violating the P&Z Ordinance is a misdemeanor, violating the parking ticket is a civil penalty. The only law that prohibits parking cars on front lawns is the zoning ordinance, it is not a safety issue. Recommendation from Stephen is that parking violations that encompass the building ordinance should be added to the list of civil penalties so that city police can hand out a parking ticket for $10.00 for everyone parking on a lawn rather than a $62.50 misdemeanor. Bobbette Carlson made a motion that the parking ordinance be changed to add that parking on lawns is a civil penalty and can be ticketed by City Police with a $10.00 parking ticket. This motion was seconded by Mike Thueson. All vote aye, none opposed. It was also recommended by Mike Thueson that a letter be sent to Ricks College housing requesting they enforce the 1.7 parking ordinance. Davawn requested that a letter be sent to college housing with this recommendation from P&Z. Gary Steiner left at 8:30 p.m. ~J ~~ I RE: KEVEN SNELL ZONE CHANGE AT 3RD SOUTH AND 2ND EAST TOPIC: (500,221,,,VARIANCE,3RD SOUTH,2ND EAST,MEYERS*STEVE, SNELL*KEVEN,ZONE CHANGE) Kevin Snell and Aaron McCracken clarification on variance given to Steve Meyers. John explained that the property in question is on the corner of 3rd South and 2nd East, across from the girls dorms. A setback variance was given on that, it is narrow and long, 50'x142'. The question is the conditional use permit was not specific enough on dimensions of the setback allowance, therefore they are asking for some clarification. Kevin Snell explained his understanding that if you had adequate parking you could put that many students in the housing. He designed a duplex based on the facts he had received, if he had 8-9 parking spaces he could have at least 10-12 students. He found through engineering that a duplex, if it is non-family only allows for 4 people. He stated his surprise because a realtor had faxed him two properties which is in the same zoning area and they all show 6 students. He would like to develop this property which has been an eyesore forever and asked what to do. A single family is considered 4 unrelated people. The college housing situation requires they have a manager, which takes up one family then the other residence could only have four. John read the Notice of Public Hearing which precipitated this variance. The requested change at that time was A. A variance to allow a substandard lot B. A variance to allow for less than the required setbacks C. To grant a conditional use permit for a 2-family dwelling. Discussion on various apartment complexes and requirements for building on this lot. After discussion on the above conditions, parking, number of students, surrounding homes, it was recommended to Kevin Snell that this issue should go to Public Hearing for a zone change. The meeting was adjourned.