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HomeMy WebLinkAboutP&Z MINUTES SEPTEMBER 05, 2002REXBURG PLANNING & ZONING September 05, 2002 7:00 p.m. Chairman: Winston Dyer __ Members: Robert Schwartz Ted Whyte DaVawn Beattie Mike Ricks -Excused Steve McGary Doug Smith -Excused Jerry Hastings Mary Haley Jordon Dyer P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay Approval of the Minutes: August 29th Minutes will be approved at the next meeting. Winston Dyer welcomed the public and Commissioners. . Noncontroversial Items added to the agenda Winston Dyer - Announced a new member of the Commission -Jordon Dyer New Business Public Hearings 7:10 pm City of Rexburg proposed Annexation of seven Parcels. The proposed properties are: Parcel #1 - Lamoreaux Annexation including US 20 - (990 West 7th South) Proposed Rexburg City Zone -Medium Density Residential (MDR) Parcel #2 -North portion of Madison County Golf Course including US 20 Annexation (Approximately 950 North 12th West) Proposed Rexburg City Zone -Open Space Zone Parcel #3 -Valley Wide CO-OP Annexation - (Approximately 12th West Highway 33) Proposed Rexburg City Zone -Highway Business District (HBD) • Parcel #4 -Robert Erikson Subdivision Annexation - (Approximately 149 to 349 North Airport Road) Proposed Rexburg City Zone -Highway Business District (HBD) Parcel #5 -Cedar Point Trucking, Inc. Annexation - (Approximately 449 Airport Road) Proposed Rexburg City Zone -Industrial Zone (I) -- --- --- Parcel #6 - D. R. Barney Trucking, Inc. Annexation- (Approximately 499 Airport Road) Proposed Rexburg City Zone -Industrial Zone (I) Parcel #7 -Madison County Shop and Sheds Annexation - (Approximately 549 Airport Road) Proposed Rexburg City Zone -Industrial Zone (I) Kurt Hibbert -Reviewed the seven parcels on the overhead screen. The Rexburg City Impact Area was reviewed on the overhead screen. City Council did make a recommendation that Planning and Zoning go forward and initiate the annexation of all of the .properties on the map less Rexburg Heights and Ms. Green. These areas would be in a separate annexation proposal. Winston Dyer opened the meeting for a Public Hearing Those in favor of these Annexations: Bob Lamoreaux - 10& S. 3rd W. - Co-owner of parcel #1 - He is in favor of the amlexations. His Residential Development is seeking annexation to receive City services. ~,~ D. J. Barney - 410 W. 1 st N. -They are planning on relocating their business to the location next to US Highway 20. They would like to be in the City of Rexburg. Dan Muhlestein - 990 W. 7th S. - He is Co-owner in parcel #i and he is in favor of tiie annexation of his parcel. David Holt - 101 E. Main -General Manager of Valley Wide CO-OP - He in favor of annexing Parcel #3. They plan on developing the western part of the parcel at this time into an attractive retail business on about eight acres. They need City facilities to develop the property. They are looking forward to annexation into the City. Those who are neutral to the annexation request: None given Those against this request: None given Discussion on the tax changes that will or can take place when these properties are annexed into the City. Winston Dyer -Explained that the City tax structure is different than the County. The City has different zoning and addressing. The properties can seek the zoning that was previously assigned in the County. The valuation does not have to change even though it is in the City. City services being added to the property can change the valuation. ~i 2 Discussion on the location of the water and sewer lines that will service these properties. D. J. Barney asked when the services would be available on his property. He would like to know if they could put in their own septic system inside the City. Properties within 300 feet of the City sewer system are required to connect to the system. - - Ted Whyte -The City will plan and coordinate the installation of sewer and water systems to a master plan, however, they will not pay for the expansion of these systems to develop properties. Winston Dyer removed himself from the table with a conflict on the Pioneer Implement property and the Barney Property. Ted Whyte removed himself from the table with a conflict on the Erikson Property. DaVawn Beattie took charge of the meeting. Kurt Hibbert -The property owners are aware of the proposed zoning and gave input to the City on the proposed zoning for these properties. Kurt did not anticipate any changes to the proposed zoning for these parcels. The Commissioners deliberated on the separate parcels and the zoning that would be assigned to each parcel. Discussion on the existing County zoning for these properties. The Commissioners discussed each parcel for the correct zoning that was needed for each parcel as follows: Parcel #1 - Lamoreaux Annexation including US 20 - (990 West 7th South) Proposed Rexburg City Zone TvTedium Density Residential (MDR) Parcel #2 -North portion of Madison County Golf Course including US 20 Annexation (Approximately 950 North 12th West) Proposed Rexburg City Zone -Open Space Zone Parcel #3 -Valley Wide CO-OP Annexation - (Approximately 12th West Highway 33) Proposed Rexburg City Zone -Highway Business District (HBD) Kurt Spaulding -The total acreage is 25 acres for this property. The developer is planning to develop about 6 acres at this time. The remaining land will be used as agriculture until future development is planned. Discussion on the plans for moving the fertilizer operation and fuel bulk plant to this site. Valley Wide CO-OP will not move these two operations to this site. They are planning on a retail business and a retail fuel station. Parcel #4 -Robert Erikson Subdivision Annexation - (Approximately 149 to 349 North Airport Road) Proposed Rexburg City Zone -Highway Business District (HBD) • ~~ Discussion on the current zoning of the properties within the Erikson Subdivision. Parcel #5 -Cedar Point Trucking, Inc. Annexation - (Approximately 449 Airport Road) Proposed Rexburg City Zone -Industrial Zone (I) - __ Parcel #6 - D. R. Barney Trucking, Inc. Annexation - (Approximately 499 Airport Road) Proposed Rexburg City Zone -Industrial Zone (I) Parcel #7 -Madison County Shop and Sheds Annexation - (Approximately 549 Airport Road) Proposed Rexburg City Zone -Industrial Zone (I) Steve McGary made a motion to send these 7 parcels of property to the City Council for a Public Hearing on October 02, 2002 with the respective zones changes as previously noted. Jerry Hastings seconded the motion; all voted aye, Winston Dyer and Ted Whyte abstained, none opposed. The motion carriede 7:L0 pm Conditional iJse Permit - 355.5 W Lnd S -Dowanna Cox Kurt Hibbert -Reviewed the request on the overhead screen. They are planning to house 14 students. They have remodeled a home into a 3 unit complex. There will be a duplex for 14 students and a converted garage for the managers. They own the property adjacent to the South and they are purchasing the property to the North. The North property will be used for the primary access for the students onto 2nd South. Kurt reviewed the properties on the overhead screen. The zoning is MDR for this property. There is adequate property for parking and street access with the purchase of the property to the North of the remodeled unit. The Commissioners reviewed the access that was previously used on the West side of this property. There is a railroad crossing that would require the requestors abandon that access and use an alternative access onto 2nd South. Discussion on the dormitory style housing and the need for a manager. Kurt Hibbert -Staff has reviewed a preliminary site plan for parking and setbacks. There was no concerns form Staff that could not be resolved with some attention from the developers. The parking area was reviewed and the need for a hard surface. Each occupant needs an individual parking space and .a separate contract for each student. The Fire Department access must be 20 feet wide. Kurt passed out a Memo from an adjacent property owner. The Memo discussed the encroachment of people onto his property. It is his desire to have a fence installed as a buffer to his property. George Wilson - 227 South 4d' West -- They are owners of adjacent property to this newly converted home. George indicated that the residents of this development do not have access onto 2nd South through his property. He has written letters to them indicating his refusal to provide access for the owners, managers or their renters to 2nd South for their complex. As far as George 4 and his wife are concerned, the managers or renters do not have access onto 4th West through the • Wilson's property. These letters were submitted to the Attorneys. Kurt Hibbert -Reviewed the proposed access through to newly acquired property to the North that will be used as access for the renters and possibly for the managers. Kurt discussed the problems and safety hazards of the 4th West access which is in_the midd_1_e of a railroad _s_ignal crossing position. The City required the developers to abandon the 4th West access for safety issues. Winston Dyer -Clarified that there are legal issues that exist between the owners that they need to continue working on to resolve. The issues could be stated in the Conditional Use Permit if it is granted. George Wilson -Indicated that they are still using his property for access. Until they have access through the property to the North, George does not want the Conditional Use Permit granted. Discussion on the number of people that are allowed in a unit under the definition of a family. The Planning and Zoning Ordinance currently allows a maximum number of four people per unit in family housing units. There are currently It7 students at this location. DaVawn Beattie -Reviewed the access that was denied on 4th West by the railroad tracks. Winston Dyer opened the Public Hearing Those in favor of the request: DoWanna Cox -She represents the Cox, Shield, and Nelson property owners at 355 '/2 West 2nd South -They are in favor of the proposal and are excited to have the property. They feel this property blends in very well with the neighborhood. They feel that they have met all of the conditions required from the Planning and Zoning Commission in the August meeting. There are duplexes, four-plexes, and multiple units in the neighborhood. They feel that they are providing a beautiful home for young ladies. Allan Hackworth - 241 Steiner -Adjoining property owner on the North side -Discussed the surplus of apartments in the city. He is in favor of the Conditional Use Permit. The thing that matters is if the residents are comfortable. There is an abundance of single housing that allows the students to shop for a rental that is comfortable for them. Peggy Jeppesen - 349 West 2nd South -Glen and Peggy are in favor of granting the Conditional Use Permit. They have had apartments on all sides of them for fourteen years without incident. Allan Shields - 355.5 West 2nd South -One of the owners -They have opened the access to 2°d South. He is in favor of granting the Conditional Use Permit. Allan Hackworth -Reviewed the number of students allowed in the three units. • ~^~ Krista Collins -Manager of girl's apartments in a home about a block from this location - Krista is in favor of the Conditional Use Permit. They have eight girls in her location and she has never had any problems with the rentals. Teresa Morrell -Broker of Valley Properties -1100 N. 6000 W. -She is in favor of the proposal. She is the agent for the purchasers of the property. She feels that this will resolve a lot of congestion m the area. Those neutral to the proposal for a Conditional Ilse Permit: Mary Ivie - 2853 W. 2000 N. -Owners of the adjacent property -They are concerned with the condition of student apartments and property values. Apartments placed next to residential home tend to lower the value of the homes. They live next to apartments that are in horrible disrepair. She mentioned that this property has not being maintained as in the past. She hopes that it will receive better care in the future. Her property accesses 4th West. rred Calder iviemo - 244 Steiner Ave - He is concerned with the level oftrespassing on his property. He has experienced break-ins on his property. He would like the Conditional Use Permit to require a fence to buffer his property. He requested a fence be placed around the Cox property. His property is the only access onto Steiner Ave from the North. He would prefer a sound reflecting solid wall f-ence. He requested that the Commission protect his property from the higher density developments adjacent to his property. This memo will be in the file. Winston Dyer -Reflected that we have single family developments in a MDR Zone. Discussion ~` ~ on the history of Steiner Ave. Kurt Hibbert -Steiner Ave was once .a single family neighborhood. Those who are opposed to this proposal: George Wilson - 630 Taurus Ave -They own the property just West of the Cox property. George indicated that the residents of this development do not have access onto 2"d South through his property for the renters, managers, or owners. He recommended that the Conditional Use Permit be denied until the applicant has legal access to 2"d South: As far as George and his wife are concerned, the managers or renters do not have access onto 4`h West through the Wilson's property. He feels that they are trespassing on his property. The Public Hearing was closed The Commissioners reviewed the easement granted on the Purchase Agreement for the property to the North of this development. The requestors have a legal easement that goes through someone's back yard. The original 20 foot easement on the Wilson property was reviewed. The Arial photo was reviewed to show historical use of the property. The recent purchase of this property and change of use of this property has created an access problem. • ti~~ Gordon Thatcher -Attorney for the applicant -Gordon indicated that there is an easement through a roadway across the Wilson's property. In 1980 there was a blanket easement given across all of the Wilson's property and other properties for access to this home. The developers are not abandoning this easement. Gordon's legal opinion is that the developers have a right for at least the owners of the property to come across that roadway. They don't want litigation and they believe that the new access to 2nd South will take care of the City's conditions_for the _ -_ _-_ ---- - - --- - Condition Use Permit. They strongly disagree with Mr. Wilson and his contention that they can not use the easement across the Wilson property. Gordon has a 1980 deed granting a blanket easement for access to the Cox development. When the Wilson deed was filed, the deed specifically accepted the narrowly defined 20 foot easement for the owners. It has a standard clause that accepts any other apparent or recorded easements. This is recorded in a deed in 1980 by the predecessor in title to our people. It is obvious from the photograph that this has been used as a road. Historically the road has been used for this very property. Gordon believes that the developers have the right to use that access. Kurt Hibbert -Commented on the new access to 2°~ South that should solve the access problem. The Commissioner discussed the conditions that could be applied to the Conditional Use Permit to protect adjacent property owners. They discussed the site plan from the August request. Ted Whyte was concerned with the parking, fencing, and screening of the property. Kurt Hibbert -The Staff has received a new site plan that shows parking, drainage, and access. Rebuttal 'T'estimony: Dowanna Cox -She asked. Kurt if Staff had approved the new site plan. The Staff is reviewing the site plan with t'rie sire Department. i~owanna reviewed the access issues and maintained that the students do not cross the property mentioned in the memo by Fred Calder. Their property is 130 feet from the Calder property. The Cox's own the lot adjacent to the Mr. Calder; however, it is not being developed at this time. Steve McGary -Has previous conditions been met for the site plan review on the 1St of August? Steve reviewed the 6 conditions for the site plan review on August 1St. If they add more students they may try to go across the Calder property. Steve McGary made a motion to approve the Conditional Use Permit with the conditions specified in the August 1St site plan review while amending condition 5 and adding conditions 7 & 8 as follows: 1) Require a hard surface with drainage approved by City Staff 2) Adequate lighting from wall pack lighting (Bank Lighting) for the parking areas 3) Abandon the 4t~' west access to the units 4) Provide access from 2nd south as the primary access to the units 5) Obtain legal access to 2nd South 6) Paragraph B-4 and B-6 on Page 53 of the Planning and Zoning Ordinance Book 7 • (~ (B-4) Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibration, improperly directed glare or heat, electrical interference, odors, dust or air pollutants, solid waste generation and storage, hazardous materials or waste, excessive traffic generation, or interference with pedestrian traffic. ~B-6) Not_generate_traffc_ in_ excess_ of the capacity of_.public_ streets or access points serving the proposed use and will assure adequate visibility at traffic access points. 5) Amend the 5th condition to require proof on legal ownership of the lot on the North side of 355 1/2 West 2nd South which is the planned access to 2nd South for this Conditional Use Permit. 7) Require a fence on the South Property Line that would buffer the entire South boundary Between the Cox and Calder properties. 8) Site Plan (Development Plan) be approved by the City Staff. DaVawn Beattie seconded the motion to grant a Conditional Use Permit with the eight conditions, all voted aye, none opposed. The motion carried. Jordon Dyer was welcomed to the Commission. New Businesso ~' ~ Request for Conditional Use Permit - 328 South 3rd West -Craig Condie Kurt Hibbert -Reviewed the request on the overhead screen. Mary Haley -Reviewed the property and discussed the appearance of the property. The Commissioners reviewed the request and the site plan for parking and the future uses possible for the property. There will be an access to the back of the home for parking and future development. The zoning is MDR. Winston Dyer -Expressed his concern for the conversion of single family units to rental units. Jerry Hastings -Reviewed the proposal for meeting the requirement of the zoning in MDR. DaVawn Beattie made a motion to send this request to a Public Hearing before the Planning anal Zoning Commission, Robert Schwartz seconded the motion, all voted aye, none opposed. The motion carried. Site Plan Review -Stone Brook Apts. -Subdivision #1 -Lot 2, Block 1 - 600 Pioneer Rd - Westates Companies - (Stan Rowland) Kurt Hibbert reviewed the site plan on the overhead screen. It is located at 600 Pioneer Road. Staff has ~ . 8 reviewed this proposal and they have approved it with some minor adjustments. Fire Hydrants are on the water plan. Access and setbacks were approved by City Staff. Winston Dyer -Reviewed the parking, setbacks, and fire lanes with the City Staff. DaVawn_Beattie -When will the Construction begin_on_ths project? They p_1_an to begin_mmediately_on - _ __ the construction. Discussion on the green space with over 60 percent green space. They plan a two foot berm and a 6 foot fence on the south boarder. Parking stalls were discussed with the adjoining property using the same stalls. Winston Dyer -Asked if the parking would meet the requirement without the adjacent parking on the West side of the property. They may use the parking stalls on a shared basis if the parking units are counted in aggregate with the total development. Ted Whyte -Although Ted has other properties listed in the Westates Subdivision, this property is not one of them. He does not have a conflict with this property. DaVawn Beattie made a motion to approve the site plan with the following conditions: 1) Approvals from the City Staff 2) The south border with the Beck property is to be fenced. 3) Lighting at the entrances 4) Wall Pack Lighting on the buildings. Steve McGary seconded the motion all voted aye, none opposed The motion carried. • Request for Comprehensive Plan Change & Zone Change - 485 North 2nd East Light Industrial (LT) to Highway Business District (HBD) -Teton River Village, LC/Cameron Gunter Kurt Hibbert -Reviewed the request on the overhead screen. Kurt turned the time over to Cameron Gunter to review the proposal. Cameron Gunter - 1082 E. 1200 S., Spring Vi11e Utah- He passed out a conceptual site plan. And an example of the proposed condos. He discussed mixed use of properties with vertical integration. Industrial projects are not planned in this mixed use development. The Church owns the property to the North. They will not take a position on this proposal due to their neutral position. Cameron reviewed the planned development on the overhead screen. The property is too narrow to go commercial. This proposal is to combine housing with commercial use. The conceptual plan showed two and three bedroom units in a 12-plex condo. It is proposed to tie to the Teton River green space development. They are looking for input from the Planning and Zoning Commission. Mary Haley -Reviewed the type of buildings on the complex and the elevation of the buildings. There is a bowling alley within a mile of this site. Cameron Gunter - Mentioned a study for adding a bowling alley to the complex. The study said the City would support 18 more lanes. • ~~ Winston Dyer -This is a community that would work in a closed area. Cameron Gunter -They would like to start with an area with walkways and expand the walkway system to other areas of the City. The concept is to provide walking paths for the residents. Commercial tenants would start construction at the same time as the first phase of the residential construction. Other City walking paths were discussed. Steve McGary -Have you looked at other properties in the City? They would like to be by the River and the shopping area on 2nd East. Cameron Gunter -Proposed to the City to continue the pathway to the East along the Teton River. Cameron Gunter -They would fill the; low area of the lot to raise it above the flood plane. The flood plane has several classes or levels. Winston Dyer -The issue to consider for this proposal is land use and land use rights. Steve McGary -Can the Commission place conditions on this request? 3ohr~ Millar -You can riot sunset a zone change. Mary Haley -Will this proposal push the light Industrial farther North of the City • Winston Dyer -This would require a comprehensive plan change. The Commission needs to look at the '~ whole city plan and the development around this area. Is this appropriate for this area? He has concerns with residential developments adjacent to commercial or industrial developments. Mary Haley -The City is planning to have a Recreation Area just across the Teton River from this location, Discussion on the uses and functions of different zoning areas in the city. Winston Dyer -Zoning changes should not be taken lightly. Does the Commissioners want mixed use zoning? Discussion on zoning issues for Rexburg City and horizontal and vertical zoning. Mary Haley -She is in favor of the concept; however she would prefer a different location in the City. Winston Dyer - He does not want multi-family housing in every neighborhood in Rexburg. DaVawn Beattie - Indicated a need to look at the Comprehensive Plan first before taking action on this proposal. Winston agreed with DaVawn and asked what the Plan is for Northeast Rexburg? Steve McGary -This proposal would set precedence for future proposals in the area. Where would this type of development fit in the City of Rexburg? Steve recommended tabling this request until the Comprehensive Plan changed to fit this proposal. There was continued discussion on the development of the area and having multi-family units in the area. Winston Dyer -Mentioned that this concept of mixed use is new to Rexburg. ~' ~ 10 Steve McGary -The Commission has the opportunity to do some long range planning for Northeast Rexburg. Mary Haley and Ted Whyte were in favor of this concept of mixed use and liked the proposal which included parks and walkways. -Robert Schwartz made a motion to table the request for a zone change; Mary Haley seconded the motion, Discussion on how far the location is from the River. All voted aye, none opposed. The motion carried. Cameron Gunter -There is a possibility to have storage units at this location. Some members of the Commission felt that this mixed use plan would be a good use of the property next to the Teton River and the proposed Recreation Center for Rexburg. Site Plan Review -Bowen Student Housing - 174 S. 3rd W. -Scott Spaulding Kurt Hibbert -Reviewed the proposal on the overhead screen. The check list was reviewed. This request is to modify an existing home. There is adequate parking and drainage far the parking lot. The catch basin is on the property. Scott Spaulding - 3680 West Highway 33 -Reviewed the proposal to have student housing and a managers unit for this premise. It will have 12 students. The fire hydrant, catch basin, sidewalk, and landscape strip were identified on the site plan. '~. Mary Haley -Reviewed the location of a 6 foot privacy fence against a residential property. The zoning is MDR at this location. Scott Spaulding -There are apartments on the adjacent properties. The parking is behind the 25 foot setback in the front of the property. Winston Dyer -This use is permitted. for MDR zoning. The Wilson property is down the street'/2 block. Ted Whyte -Discussed the garbage dmnpster placement. The location is poor. Steve McGary -Discussed the lighting for the project. There is no lighting for the planned development. Scott Spaulding -The developer can add Wall Pack Lighting on the building for the parking lot. Ted Whyte made a motion to approve the site plan with the following conditions: 1) Garbage dumpster relocated 2) Fencing installed on the North as a buffer 3) Wall Pack Lighting on the building for the parking area 4) City Departmental approvals DaVawn Beattie seconded the motion, all voted aye, none opposed. The motion carried. 11 • ~~ .• Site Plan Review -Deseret Industries - 625 N. 2nd E. - JRW & Associates John Watson -John is not asking for exceptions to City Ordinances. The Checklist for the City Staff has been completed. All of the utilities tie into North 2nd East. Except an overhead power line passes over the site where is planned. The power line will be relocated underground. The plan has been changed from French drains to tie into the Storm drain on the east side of 2nd east. The fire department has approved the project. There will be 5 fire hydrants for the property with an independent fire loop around the building. The utilities are located between this building and the bowling alley. A standard plan for the building was presented to the commissioners. It is a 40,000 square foot facility. Beehive Clothing, Facility Managers, and Deseret Industries will be located at this site. The grade will be raised 6 to 7 feet. The slope on the parking lot will be maximum 2%. The slope will drain away from the center of the parking lot. A fence will be placed on the North and West: of the property. The South portion will be used for snow storage. The area behind the bowling area will be for storm water detention. DaVawn Beattie -Inquired about information on any easements for the property. There is one easement to the north by the frailer park:. The driveway is shared with the property to tiie North. Winston Dyer -Reviewed the elevation of the site and possible traffic flow around the facility. Discussion on a shared driveway for the location. Winston Dyer -Reviewed the concerns of the Idaho State Highway Department. The driveway was corrected to line up with Lorene Street to the East. Mary Haley -Requested. the location of the Deseret Industries drop off point. It will be located in the back of the building. The location was reviewed on the overhead screen.. John Watson -Reviewed the lighting for the location. It is a standard lighting package. Discussion on the elevation being raised up about 6.5 feet in some areas. Winston Dyer -Reviewed the requirements for a storm drain system. There will be a buried tank with a pumping station. John Watson -The storm drain requirements were reviewed in the check list. Winston Dyer -Discussed the conditions that should be applied to this site plan-approval. Discussion on the access for truck traffic to the area businesses. Winston Dyer -Discussed points of conflict where two traffic paths come into contact and increase the possibility of accidents. Discussion on possible points of access to the development. John Watson -The Idaho State Highway Department has approved the access on to 2nd East. • 12 Mary Haley -Requested the location of signage for the entrance to the property. Steve McGary made a motion to accept the site plan for Deseret Industries at 625 N. 2nd E. with the following condirions: I) Lighting for the facility 2) Parking lot detention pond that is landscaped 3) Consider having the North entrance lineup with Lorene Street 4) City Staff :Departmental approvals Mary Haley seconded the motion, all voted aye, none opposed. The motion carried. BYU-Idaho Family Housing - 7th South 2nd West -Matt Zausch -Withdrawn by the applicant Proposed Comprehensive Plan changes -Kurt Hibbert Kurt Hibbert -There are some requests to change the Comprehensive Plan. The Walker property behind District 7 Health Department and the Job Service Buildings is zoned HBD and they would like the property to be zoned as MDR zoning. The areas that are zoned Open Space need to be reworked to clarify boundaries. The Impact Area needs to be extended into the new Impact Zone for the City of Rexburg. A list of properties needs to be compiled for inclusion into the Impact Area for the City. Winston Dyer -Would like a more general approach to micro manage from the general overview. There • is ineffective planning on the Comprehensive Plan level. Kurt Hibbert -Mentioned the addressing grid about a year ago was a ten year plan. That plan has been achieved in one year. The growtl-i west of town was not expected. The Commissioners believe that some adjustments are needed; however a major overall approach is not necessary. Some Ordinances may need to be changed to help with the planning for the City. Mary Haley -Requested that some controls be applied to the Commissioner's decisions. Robert Schwartz and Winston Dyer suggested making a joint meeting with the City Council on the 4th Wednesday, the 25th of September as a work meeting. Grandfathering Kurt Hibbert passed out a City Policy on Grandfathering. The burden of proof is on the requestor. DaVawn Beattie made a motion to include the Grandfathering Policy into the next Zoning Ordinance revision. Jordon Dyer seconded the motion, all voted aye, none opposed. The motion carried. 13 • (~~ Definition of the family A hand out was given to the Commission for review. It is planned to discuss the definition of a family for an amended City Ordinance. Ted Whyte made a motion recommending this definition to be considered by City Council for amending the Planning-and Zoning Ordinance defining a family. Mary Haley seconded the motion. Discussion on the proposed definition of a family. All voted aye, none opposed. The motion carried. Robert Schwartz -Discussion on the planning standards and planning around `themes' for different areas of the City. Tax breaks and Tax penalties were discussed. The Hall of Fame and Hall of Shame concept was discussed. Social pressure has some effect on controlling the appearance of properties. Winston Dyer - Discussed a handout for review for the next meeting. There are a number of issues that were approved with conditions that are being built with disregard for the conditions. There are enforcement problems at the City. Winston recommended that the City write letters to violators of the conditions of approval. Jerry Hastings -Building inspectors are paid to monitor and control these site plan issues. Kurt Hibbert -Discussed the process 1:o help control the conditions set by the Planning and Zoning • Commission. The Complaint process is being addressed. A tracking form will be used to track and monitor complaints. Zoning violations are misdemeanors and can be prosecuted. Mary Haley -The Community needs t:he protection of these conditions that are being applied to requests for site plans and zoning changes. DaVawn Beattie made a motion to send a strong message to City Council that the City needs to enforce the Conditions applied to the ;zoning approvals. Jerry Hastings seconded the motion, all voted aye, none opposed. The motion carried. DaVawn Beattie would like to have th.e Tree program on the agenda for discussion at the next meeting Jordon Dyer was asked to give the Commission a short history of her past experience. Jordon has lived in Orem and San Diego. She is not related to Winston Dyer. Her field of study is going to be pre-medicine and Government. She was welcomed to the Commission. Adjourn 9/5/2002 11:38 PM I • 14