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HomeMy WebLinkAboutP&Z MINUTES DECEMBER 21, 2000PLANNING & ZONING December 21, 2000 7:00 p.m. Present: Presiding: John Watson Members: LaDawn Bratsman Ted Whyte Gary Steiner Raymond Hill Doug Smith Mike Thueson Roger Muir Bobbette Carlson City Clerk: Marilyn Hansen P.F.C.: John Millar Council Member: Donna Benfield City Attorney: Stephen Zollinger Mike made a motion to approve the minutes of December l~. Motion was seconded by Ted, all voted aye, none opposed. John Watson expressed thanks to Roger and Gary for their service on the Planning & Zoning Commission. Roger is taking office as County Commissioner and Gary Steiner v~~ill be moving from the area. They will be replaced by Glenn Walker and Mike Ricks. John Watson reviewed the procedure for public hearings to all those in attendance. Public Hearing Comprehensive Plan John Millar explained the Comprehensive Plan as it presently is and has been for many years. This is the first major revision, some areas have been discussed earlier and due to some procedural problems they will go through this process again. The areas for discussion are numbered as follows: 1. The area at the City Business Park which has been in existence for many years. The actual park would be zoned with commercial being on the front lots fronting Salem Highway, the back portion adjacent to the railroad tracks being industrial. This would bring the Comprehensive Plan into the way the park was anticipated and zoned when annexed. • , 2. This area is basically south of Cemetery Road on the Salem Highway north of the Basic American Food Plant which is now zoned Industrial. The way that area is developing and the way it has been discussed for development is that the property along Salem Highway is more conducive to commercial development than to industrial development. 3. An area along the south side of the Teton River north of Barney Dairy Road east of the existing businesses that are in that area. The area is currently on the Comprehensive Plan as open space which was set aside for golf courses and parks. The owners of the land have requested that it be looked at to allow them to develop the western undeveloped portion into additional commercial areas, the easterly portion into single family residential. 4. This area is currently shown on the Comprehensive Plan as single family residential. It is zoned with a professional office overlay on the south portion of the block. This area lies between Main Street and lst North and between 4th and 5th West. There has been a request that this area be changed on the Comprehensive Pian to allow for commercial development. on that block. 5. This property is located on the west side of 5th West at approximately 15t North. This area is currently on the Comprehensive Plan as single family residential, there has been a request for higher density or multi family residential. 6. This is a proposal that has come before Planning & Zoning for a subdivision on property that lies between U. S. 20 and 1500 West just south of the Widdison Addition. Currently this is zoned for single family residential, they have requested a portion of that, basically the south half be modified to allow for multi-family _residential. This is situated just north of a fairly large storage facility. 7. 8. These areas are shown on the map as commercial This area has for some time been high density residential. This will make a correction on the Comprehensive Plan changing that from commercial to multi-family residential. 9. Located north of the Stake Center on 7th South east of the 1500 West road and ~=est of the railroad tracks. This area is being proposed for development currently shown on the Comprehensive Plan as single family residential and the area along the tracks as industrial. The modification to the Comprehensive Plan would leave a portion of that single family residential, allow for multi-family residential, the center portion commercial and the area adjacent to the tracks industrial John opened the public hearing on Item 2 -South of Cemetery= Road Russ Phillips -Cemetery Road Russ had several questions concerning the Comprehensive Plan which were answered by Stephen. Mr. Phillips is not sure he is opposed to being rezoned but had some questions 2 .concerning the ditch running down the Salem Highway which is used for irrigation, the pasture owned by Vern Winters to the west and the change of zoning to the property, and property values. His questions were addressed but he was also informed that the Comprehensive Plan ha nothing to do with water or water rights and this modification does not change the zoning on th property. Discussion on property values. He also had questions concerning the change in speed limit signs on the Salem Highway. He was told that John Millar would investigate the signs and the incorrect ones would be gone immediately. s e Letters concerning this item were read into the record from Vern Winters and Henry Benavidez. Joe Allen - 215 So. Austin He read a letter he had received from Chuck Porter, who has recently purchased a commercial building in this same area who is in favor of the change in the Comprehensive Plan and the Highway Business District zoning. Joe feels the entire parcel needs to be zoned Highway Business District rather than just the front 662 feet. He has a party that will purchase the property behind their proposed business which. will be rental storage units. He feels it will take the entire amount of property to accommodate any business wishing to locate there. Brad Bischoff - 131 W. 1500 North He is concerned if this change is made, he does not want a business right at this house. Nephi Allen - NBK Properties Nephi has made an offer to Joe Allen to buy the property behind the proposed business on Salem Highway. Nephi's proposal is to build some nice secured storage units. Ken Benfield - 201 Millhollow Joe Allen is his son-in-law, he purchased the house but Ken purchased the land and they plan to build a hardware store on this property. When he got into this project months ago he was under the assumption. that Rexburg wanted to grow the businesses out toward the highway and he felt it a great opportunity to move his store. After 21 years in his present location he cannot grow or expand and he feels the new store will make a great asset. to the community. They would be very mindful of all the neighbors by making buffer zones and make it nice. In the overall picture we are promoting commercial business out that road, why would you put more residential in that spot and cause a bigger problem when more commercial growth goes out that way. If it is left residential then he is going to have to find someone else, a developer that would want to build houses, apartments or put mobile homes there in an effort to recoup his money on 3-1/2 acres of land behind the store. r~ U Ken feels that a nice buffer zone of trees between the potato plant and a secured nice storage unit would seem to fit more into the Comprehensive Plan and the overall picture of what is going in that direction. They are willing to be more than congenial with the neighbors with large buffer zones and making it look nice. He needs all 8 acres to be zoned commercial to make this area work and look nice. The public hearing was closed and it was determined to deal with this portion and make a recommendation at this time. Lengthy discussion concerning the meetings regarding the Comprehensive Plan, the transition to Salem Highway; the zoning further north, most businesses require depth to accommodate setback requirements and parking regulations, Main Street not compaiible with growth, this should be a planning issue and not a zoning issue, as a matter of scale reference Wal-Mart and Albertsons have approximately 800'. Stephen explained the theory behind a Comprehensive Plan and the difference with zoning issues. Ted made a motion to designate this entire parcel in question to commercial. Motion was seconded by Doug. All voted aye, none opposed. Because of the situation and discussions, John Watson chose to interrupt the public hearing on the Comprehensive Pian and move to the Public Hearing on the Joe Aiien matter so ihis couid be taken care of at one time rather than go back and forth. Public Hearing for Joe Allen annexation and zone change John Millar read the notice of public hearing. and once again reviewed the property in question which is currently zoned Rural Residential It has been requested for annexation and zoned Highway Business District. Public hearing was opened. Joe Allen - Joe is requesting that this property be annexed and have it zoned entirely as Highway Business District and they will follow all the conditions, requirements and regulations for buffering. Rex Clark - 161 W. 1500 North He has lived in this area for 20 years, he expects to live there another 20 years and realizes businesses are moving that direction and that things change overtime. He feels there will be a resulting increase in the amount of night lights, noise, pollution and traffic which will lower the quality of life for those living in this small residential neighborhood and could also increase. dangers to children and adults in that area. He is also concerned about the impact on the value of the residential properties in the future. 4 Brad Bischoff - 131 W. 1500 North Brad is concerned with trash and burning garbage, traffic and other items of safety. He was informed if this property is annexed burning garbage is illegal. LuAnn Webster - 145 W. 1500 North LuAnn wanted to clarify that the property in question would be annexed into the City but that the homes in her area would still be in the County. Stephen drew the line showing that their homes would not be annexed but would facilitate annexation if they were to choose to do so. Ken Benfield - 201 Millhollow He would like to recommend to the Planning & Zoning Board to look at the overall picture and consider what impact this will be for future growth. Public hearing was closed. There was discussion among the Board on the growth going north of town, the mixed feelings with the growth and the impact on the neighbors, the need for buffer pones making it more compatible for the neighbors and making sure their needs are inet, and a concern of what other businesses might locate there. Doug made a motion to recommend that the Joe Aiien request for annexation and zone change to Highway Business District be sent to public hearing before the City Council. Bobbette seconded the motion. All voted aye, none opposed. Return to Public Hearing on Comprehensive Plan and it was determined to take each item in order. Public comment was called for on Item 1, specifically the property in the City Business Park. There was no public comment, public hearing on Item 1 was closed. Mike made a motion to recommend Item 1, the property at the City Business Park be sent to City Council for public hearing with the recommended changes. Motion was seconded by Gary, all voted aye, none opposed. Public comment was called for on Item 3, the area south of the Teton River and north of Barney Dairy Road and east of the Walker Business Park. Glenn Walker - 1076 Barney Dairy Road Glenn questioned if they were to desire to change this to amulti-family residential in the back portion of the property what the procedure would be. He was informed that since this would be a higher request that this would have to go through another Comprehensive Plan change in six months. • 5 No further public comment. Ted made a motion to approve recommendation for this request to go to City Council for public hearing. Motion was seconded by Bobbette. All voted aye, none opposed. Public comment was called for on Item 4. This area lies between Main Street and 1St North and between 4t'' and 5th West with a request to be changed from the current single family residential to allow for commercial development in that block. Stan Taylor - 420 W. 1St North Stan purchased his home about 4 years ago. Since then he has a back view of a wrecking yard, he now has a front view of U-haui trucks plus box cars. He feels if this is changed to commercial it will greatly depreciate the value of the homes and he is requesting that this zoning stay the way it is. He presented a petition with the signatures of the neighbors which was read into the record requesting this change be denied. Graydon Burton - 416 W. Main Graydon purchased his home approximately 3 years before the flood. It was zoned residential and there were neighbors on either side. At the time of purchase there was a small one man commercial shop, he went home at night, there was not a lot of fuss. Graydon presented pictures he had taken this morning showing aii the vehicies, some wrecked and being worked on, and U-haul trucks. There are trucks being worked on at 11:00 in the evening with lights on, there are cement trucks running early in the mornings right against the fence by the houses of the neighbors. There are wrecked vehicles being hauled m, big container boxes for storage sitting around. All the neighbors are concerned with what is happening there. He encourages the Board to give consideration to those people who own land in this area. Travis Ihler -Beehive Homes Owner In behalf of the residents in Beehive Homes he would like to request that this change be denied. Even though some may consider this business commercial, it is residential for the residents living there. Naomi Kington - 477 W. 1St North Naomi referred to the pictures which have been shown and the home right next to all the U-haul trucks and the large containers is where she lives. They are all right against her fence and she sees nothing else. The trucks come in between her home and the home of Martha Covington, they make noise and bang around a lot. The containers are full of items like snowmobiles and the like. D. J. Barney -owner of the property in question D. J. is requesting this zone change to commercial. The property they purchased from Jack Covington has some grandfather rights. U-hauls are parked there for rental and he has no place else to park them, they are not rented from this location but he has a contract for towing and • repair of the trucks. They have a contract with High Valley to repair the concrete trucks. As far as the wrecked vehicles he has a towing business and is bound by law to keep these vehicles for a 60 day time period. The burned out trailers he would just as soon have them gone but they are tied up in legal battle and he is bound to keep them. These abandoned vehicles they haul for the City and County have to go somewhere. He has a contact that has put earnest money to do some repairs to the building that will provide a different commercial use there and he feels the .property has been cleaned up considerably. He has currently put up a 20001inear foot fence that goes around a portion of his property and he would like to eventually have the property all fenced in. He is limited with what he can do with the property because at this point it has not shown much return, he has spent money on the building and received nothing back. The storage containers go through a re-manufacturing process, they go to construction sites and they will be moved back and forth but they will be stored on this property. He would like to have the property re-zoned so they could put storage units that would bring a monetary return and would have set hours. Public hearing was closed. There was discussion concerning the purchase of the Jack Covington property. Uniy that portion fell into a grandfather issue which was used as maintenance and repairs, but acquiring more lots for this purpose would not fall under the grandfather issue. With the property being predominantly residential with the residents and the Assisted Living Center in that area, several uses have been turned down for surrounding property. There are two limited uses now and commercial use should not be expanded. Doug made a motion to deny the request of Item 4 for change in the Comprehensive Plan for the property between Main Street and lSt North and between 4th and St'' West and leave it the way it is. Motion was seconded by Gary, all voted aye, none opposed. Public comment was called for an Item 5 which property is located on the west side of 5th West at approximately 1St North. John Millar explained the property and the requested change from single family residential to multi-family residential. John Hawker - 126 K Street John would request that this change be denied and left as single family residential. LoRee Howard - 155 N. Sth West LoRee would Like to stand as being opposed to any change in zoning on this property. David Daniels - 138 K Street David expressed his opposition and would request this change be denied. • 7 Kathy George - 102 K Street Kathy stands in opposition to this change. Public hearing was closed. Ted made a motion that the requested change for Item 5, the property on the west side of St'' West be denied. Mike seconded the motion. All voted aye, none opposed. The Comprehensive Plan Public Hearing was interrupted for a short time while Mayor Sutherland presented plaques and his thanks to Gary Steiner and Roger Muir for their service on the Planning & Zoning Board and welcomed new members Glenn Walker and Mike Ricks. Return to Comprehensive Plan Public Hearing Public comment was called for on Item 6, the property Iying between U. S. 20 and 1500 West just south of the Widdison Addition. John Millar explained that this property is currently zoned for single family residential and the request is for the south portion to be zoned for multi-family residential. • Scott Spaulding - Scott presented a diagram of the proposal for the property in question. He is now requesting that the property butting up against the present residential homes be left residential, the portion of the property against the highway and down the south side be zoned medium density residential. Discussion concerning the plan. Eric Erickson - 1573 VJ. 190 South Eric felt this was a more palatable solution for the neighbors but would like to see one change in the plan which would take the two top corner pieces, shown as multi-family and zone them LDR1 because they are contiguous to the residents, leaving the balance against the highway and on the south side multi-family. Public hearing was closed. Doug made a motion to approve this request, with the above stated changes to go to City Council for public hearing. Bobbette seconded the motion, all voted aye, none opposed. Gary Steiner abstained. Public Hearing for Comprehensive Plan was tabled to move to public hearing for Scott Spaulding. Public Hearing for Scott Spaulding request for annexation and zone change. 8 • John Millar read the notice of public hearing and explained the request and location of the property and suggested changes. Stephen was questioned if this request could be modified without a new hearing. Since the request for residential is going to a lower factor than was requested it can be amended. Public hearing was open. No public comment, public hearing was closed. Mike made a motion to recommend this request for annexation and zone change as described be sent to City Council for public hearing. Bobbette seconded the motion. All voted aye, none opposed. Gary Steiner abstained. Public Hearing for Comprehensive Plan was reopened. Public comment was asked for on Items 7 and 8, areas that have been high density residential and need correction on the Comprehensive Plan map changing them from commercial. This is basically a housekeeping item. No public comment, public hearing was closed. Ted made a motion to recommend that Items 7 and 8 be sent to City Council for public hearing for designation on the Comprehensive Plan as High Density Residential. Mike seconded the motion, all voted aye, none opposed. Public comment was called for on Item 9 which is clarified as the Hawkins Companies property. John Millar reviewed the location north of the Stake Center on 7`h South east of the 1500 West road and west of the railroad tracks. This area is being proposed for development currently shown on the Comprehensive Plan as single family residential and the area along the tracks as industrial. The modification to the Comprehensive Plan would leave a portion single family residential, allow for multi-family residential, the center portion commercial and the area adjacent to the tracks industrial. Doug Hancey - 535 S. Yellowstone Doug asked for clarification of what will be located here and who is the Hawkins Companies and where they are located. Doug Matthews -Hawkins Companies Doug explained that Hawkins is a 20 year old company from Boise, Idaho, and described other projects the company has designed. '• 9 Gordon Rhiger - 884 So. 1560 West • He is a neighbor to this parcel of property and the portion that would be built next to his property would be condos or apartments. He is not against this request but wanted to make sure the suggested buffer is sufficient and will be a condition of the annexation. Doug Hancey - 535 So. Yellowstone As a consensus builder among his peers they are for the project. Public hearing was closed. Raymond made a motion to recommend that Item 9, known as the Hawkins Companies request be sent to City Council for public hearing. Gary seconded the motion. All voted aye, none opposed. The Public Hearing for the Comprel-iensive Plan was completed and closed. Public Hearing for Hawkins Companies at 7`h South and 1500 West. John Millar read the notice of public hearing for annexation and zone change and explained the request for the property. Public hearing was opened. Gordon Rhi er - 884 So. 1560 West • g Gordon is concerned that there will be a 20` buffer of vegetation and vinyl fence that was discussed in a neighborhood meeting. Public hearing was closed. There was discussion concerning the agreement from Hawkins Companies to the neighbors for 20' green scape buffers and 8' vinyl fences along adjoining houses. Roger made a motion to recommend this project go to City Council for public hearing with the conditions of a 20' green scape. or vegetation buffer and an 8' vinyl fence along adjoining houses and on the south of the development. Bobbette seconded the motion, all voted aye, none opposed. Erickson Pontiac request for annexation and zone change. John Millar described the location of the property in question which is currently zoned Rural Residential and the request to be annexed and changed to Highway Business District. It is consistent with the present Comprehensive Plan. 10 Eric Erickson requested annexation and zone change for the purpose of moving their Erickson Pontiac business to this location. The property should be somewhere between 4-1/2 and 5 acres. Mike made a motion to send this request to public hearing upon receiving the proper legal descriptions. Bobbette seconded the motion. All voted aye, none opposed. Ted Whyte declared a conflict of interest. Norm Thompson request for annexation John Millar explained that this request is the City's request for annexation and zoning as a condition of exchanging some right-of--way. He also described the location of the property. Ted made a motion to send this request for annexation and zone change to public hearing. Motion was seconded by Gary. All voted aye, none opposed. • • 11