HomeMy WebLinkAboutP&Z MINUTES NOVEMBER 21, 2002REXBURG PLANNING & ZONING
November 21, 2002
7:00 p.m.
Chairman: Winston Dyer
Members: Robert Schwartz
Ted Whyte
DaVawn Beattie
Mike Ricks -Excused
Steve McGary
Doug Smith
Jerry Hastings
P.~ary Haley
Jordan Dyer- Excused
David Stein
P.F.C. John Millar ,
P & Z Administrator Kurt Hibbert
City Attorney Stephen Zollinger -Excused
City Clerk Blair D. Kay
APPROVAL OF NIINLJTES •
Steve McGary made a motion to approve the minutes with corrections on page 6, 9, and 12 for
November 07, 2002, DaVawn Beattie seconded the motion, all voted aye, none opposed.
Tne motion carried.
Winston Dyer -Welcomed those present to the meeting along with the Boy Scouts.
Commissioner Mike Ricks and Commissioner Jordan Dyer were excused from the
meeting.
The County Planning and Zoning
Noncontroversial agenda items:
DaVawn Beattie -Requested to add the "Tree Ordinance" to the agenda.
Kurt Hibbert -Reviewed the zoning enforcement violations -Enforcement issues are primarily
concerning education of the zoning ordinances. All complaints have been acted upon;
All of the violators are working on their violations to come into compliance with the
zoning ordinance. There is one violation that may need a misdemeanor citation.
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Winston Dyer -The Chair would Like to revisit the issue with Dr. Craig Heiner's request to
remodel his professional office on this agenda.
Public Hearings
7:05 pm Annexation of 10 'T'racts -City of Rexburg
Winston Dyer -Introduced the Commissioners to the public- and gave instructions concerning
testimony for the Public Hearin€;. Winston explained the issues concerning the proposed
annexation of 10 tracts of property into the City of Rexburg. He explained that from the earliest
of human history people have lived togethex in communities for the common good. The quality
of life is improved due to shared. resources, economy of services that are available, shared
protection, and protect our livint; environment. Winston mentioned the concept of synergy -
"The end result is much greater than the individual contributions of all of us". Rexburg has a
strong sense of Community. There has been a great willingness on the part of people to sacri_f,_ce
their personal interests in many respects for the greater common good. All have a desire to
improve the quality of life and protect our environment.
Winston Dyer -Explained the transition that Rexburg is experiencing in the development of new
housing for students attending the University. Rexburg has major challenges. He
explained the Changes that ~vvere ~lrvuglit about by the TCtori ;;am i ivod. i3Gw tiie
University expansion is causing change. There will be more students, staff, families and
associated growth as the population increases. Vlinston explained that more people
require more housing and more services.
• Winston Dyer -Continued his comments on the City expanding to the West of the current City
limits. The ground is available and it is more favorable for excavation. Transportation
and Utilities are easy to extend in this area. The Planning and Zoning Commissions in the
Ci~y and the County are charged with the foiiowing:
1} The protection of existing property rights ofcitizens to allow them to use their
property within certain bounds that reflect the greater common good of the
Community.
2) Provide for orderly growth of the Conununity. Proposed land use must be
compatible with existing land use. An example of undesirable land use would be a
medical waste burning facility located next to a residential zone. The master plan
needs to be logically extended and provide for orderly growth.
W insion Dyer -Discussed growth on the fringe areas of the City of Rexburg. He mentioned the
West side of the City in particular for this meeting's discussions. "The bottom line is that
we must better plan and control the outward growth and expansion of Rexburg". Control
is needed to protect everyone and bring order to t?;e Alarmed expansion of the City.
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Winston Dyer -The City of Rexburg is proposing to annex some areas of the County into the City •
limits to maintain orderly growth. The City of Rexburg wants to be proactive and have
the opportunity to do it in the right way. Some property owners on the West side of the
Cit,~ has requested armexation of their properties. Wir~stcn explained treat the annexed
properties would be required to pay higher taxes. The following conditions will impact
the residential properties.
1) Annexed property will have additional Cite of Rexburg taxes. The additional
tax will be about 30% higher than current County taxes.
2) The City zoning assigned to the property would be entirely consistent with
current land use. This would protect existing land use and property rights.
There is a new rural residential zoning application being developed far the City
of Rexburg that wih_ allow subdivisions into the Ci±f with larger lots. These lots
will notreauire curb and gutter for Rural Residential ~.oning (RTC) Thew can
have broad borrow pits for the road ways. Sidewalks will be included for these
subdivisions. This will allow the residents to maintain a rural residential setting
for Their subdivisions. The zoning laws wiii allow a grandfathered status for
certain uses. An example would be existing animals on the property.
3) i~vv one would ve forced tG riOG1C Tip to City utilities unless it is a proposed
new development. Environmental conditions would require dense
developments to connect to City of Rexburg services.
Winston Dyex -City utilities will be available to those in these areas in response to two criteria.
1) If there is a need. Documentation indicating contaminated wells or things
of that nature. The City of Rexburg will be interested in moving forward
to get City utilities in that area for the protection of everyone involved.
2) A common desire or majority of property owners to come onto City
utilities. The City does require a hook up fee to connect to City utilities.
The following fees are in place at this time.
a) Residential water connection - $1,100
b) Residential sewer connection - $575
c) Front lot line cost for sewer - $10 per foot
d) Front lot line cost for water - $10 per foot
Winston indicated that these costs do not cover the entire cost of
connecting an area to the City of Rexburg utility systems.
e) The il~iCnthiy uiii j'rateS ~vOuid "apply for Water, sewer °(~.'
garbage. The rates are based on the usage of the water and
sewer services.
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• Winston indicated that there have been many studies done in the
Engineering field that indicate the actual cost of being on City services
is less expensive than being on private systems over an extended period
of time. The studies indicate 3-5 years favor the private systems. If the
cost of replacing the well pump, or the septic tank or drain field is
included, the cost favors being on City services.
f} Sidewalks are required when:
1) The property is sold or:
2) Undeveloped properly is developed or:
3) The creation of an LID -Local Improvement District
that is financed for 20 years by the City of Rexburg
Winston. indicated that the benefits of tl~e anu,exation nronneat is nracPrvPrl tang „ses, Yeliable
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City of Rexburg utility services, protected environment, logical growth and development,
improved transportation facilities, and improved police, fire and emergency services.
Winston Dyer -Reviewed the format for public input in a Public Hearing. The City Council has
scheduled a Public Hearing December 18th for this annexation request. The annexation
requests can be reviewed as a black or ir~dividuaily. The Commission can either approve,
table or dis-approve the annexation requests. This Commission's action tonight will be a
recommendation to the governing body, the City Council.
Winston Dyer -Discussed the role of the Planning and Zoning Commission. The P & Z
Commission looks at the technical merits of the proposal Is it good planning? Does it make
sense? Are there problems that need to be avoided? How does it look for the future in terms of
regulation, order, and growth?
Winston Dyer -Discussed the role of the City Council as a governing body. The City Council
has the opportunity to take into account the politics of the recommendation. Should a
neighborhood be allowed to make a special neighborhood agreement with the City?
This agreement may delineate the special conditions and terms for the development of the
neighborhood under an annexation pxoposal. The City Council will make the final decision on
the annexation proposal. It becomes a matter of law after the City Council approves or denies
the request.
Kurt Hibbert -Explained the Proposal to ,annex 10 tracts of property. The City is planning an
RR2 zone to annex existing subdivisions to be annexed in an `as is' condition. Kurt
reviewed the annexation proposal on the overhead screen. The land has been labeled as
tracts because there are multiple parcels included in some of the tracts. He reviewed
planned future annexations in areas where the City of Rexburg services are currently
being provided to the property owner. Ire the past the City 1-~as annexed oiie parcel at a
time. This creates islands in the City limits. These islands have access to City services.
Kurt indicated that it is not cost effective to move City services around these properties.
It is better planning to bring larger tracts of property into the City as needed.
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This allows the infrastructure to be evaluated and extended in a least cost method. •
Winston Dyer -Asked for questions of a general nature.
Discussion on the costs for receiving City services. The City will provide these costs to
neighborhoods in neighborhood meetings. The RR2 zone was discussed as a zone to be
.used for the annexed neighborhoods.
John Millar -The new RR2 zone will be available before the annexation is completed.
Kurt Hibbert -The Commission will review and accept RR2 -The definition of RR2 zoning was
read anal discussed by Kurt. The new zone was compared to the existing RR zone as it
exists in the impact area for the City of Rexburg. Kurt and Winston reviewed the RR
zone in the impact area.
Winston Dyer -Recommended that Mr. Erickson give public testimony on his concerns with the
RR2 zoning being a condition of annexation for their subdivision.
Discussion on being required to comlect to City of Rexburg services if the annexation proposal is
approved.
John Mi11ar -Reviewed the locations where City of Rexburg services will be available in future.
The City is in the process of extending backbone services West of U.S. Highway 20.
A 12" water line will be installed through Widdison Addition. The waste-water system
along 2000 West (12~' West) is planned for the spring of 2003. The Madison Coop
development will receive water and sewer services by May, 2003. John reviewed the
conditions that may exist that would prompt a resident to connectto City services. If a
septic sewer system fails, the Health Department may require the location to be connected to City
services. It may be a least cost decision for the property owner to connect to the City of Rexburg
sewer system verses updating their current septic system.
Winston Dyer -Opened the meeting for Public Testimony
Winston Dyer -Reviewed the Public Testimony format for the meeting. Everyone has a voice.
We agree to disagree. Winston asked those present to refrain from any heckling, cat calls,
or applause. Winston was appreciative of the people attending the meeting to voice their
concerns.
Those in favor of the proposal:
DaNiel Jose -Madison County Planning and Zoning Coordinator - 134 East Main Street -She
mentioned that she is not a proponent of tax increases. DaNiel gave comments on the
requests that the County Plaralll.g and Zoning Comrlllsslcn receive monthly for new
subdivisions in Madison County. The County is concerned with preserving the quality of
the ,ground water. This is a desirable area. DaNiel mentioned that areas 7, 6, 4, 2, and 1
are areas of concern for ground water contamination. There seems to be a lot of growth in
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• these areas. It is the opinion of the Madison County Planning and Zoning Commission
and Departments that these areas need to be annexed into the City of Rexburg.
Kirby Forbush - 3800 West 1000 North - He owns Parcel #6 which is a 40 acre piece.
Kirby reviewed his parcel on the overhead screen. He asked the County to approve a
321ot development. His request was denied for County development. He is requesting an
RR2 Zoning for this property. ]`Ie indicated that RR2 would work for lots in the
Willowbrook subdivision. The Willowbrook lots are about 3/4 of an acre.
Boyd Cardon - 1535 West 190 South -Widdison Edition - He indicated that it is best to prepare
and prevent for future use. In the best interest of the residents in his area and to maintain
the quality of life, Boyd recommended City services for his area. A master plan is needed
for lighting safety. He recommended having a planned development with the appropriate
lighting, water, and sewer connections. He would prefer to prepare and prevent instead of
`repair'. The water and sewer h:nes should be installed at the same time.
Jean Erickson - 100 Tamarack - Is in favor of annexation. They are planning to build a home in
the spring. They are paying Ciry'taxes. They are afraid of future costs associated with
developing City services in the future. She would prefer to have the water and sewer
available for her lot before they begin construction of their new home. It is the
Logical choice to do it naw.
There was no written inptrt in favor.
• Those neutral to the proposal -neither for nor against:
Brent Harris - 1903 West 190 South -Widdison addition -Asked about parcel #2 -Brent is
concerned with a zone change i1i the future. He does not want to be rezoned later away
from the RR2 zone. Brent recommended having a master plan for stable development.
He asked if a well fails or a septic system fails, would everyone in the subdivision be
required to hookup to City services? He was also concerned with the length of time for the
installation of the sewer system on 7`~' South. He does not want the Widdison Edition torn
up for a year like 7t'' South. Brent would like the City of Rexburg to respond to the
reason 7"' South was torn up for a year. Brent has requested a copy of the minutes for his
records: The 300 foot rule does not hold up in a court of law for connecting to the City
services. Brent indicated that the City could require connections to water and sewer if the
location. is within 300 feet of Ciro services.
Eric Erickson - 1573 West 190 South - He is neutral however he wants consistency. The new
Cenex building needs services. Eric indicated that a particular project should not drive an
annexation proposal. The City needs to supply services and Eric wants an overall
comprehensive plan to drive development. He is concerned about the sidewalk issue.
Eric would prefer to have RIZ2 in place before a:~nexation is approved.
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Bill Miller - 1730 South 1000 West - Winston Dyer read a statement concerning his feelings on •
the current and recent-past Planning and Zoning decisions. He is in favor of preserving
the small town atmosphere for the City of Rexburg. He is in favor of updating the
Planing and Zoning Ordinance to meet the current needs of the City.
Those Against this proposal:
B11 Tietjen - 1612 West 930 South =Rexburg Acres Subdivision - He has a community well-with
10 other homes. He is against the annexation of his neighborhood. They feel that their
water and septic systems are adequate. They are monitored by District 7 Health
Department. Their Community well is monitored monthly by District 7 Health. Their
inspection tract record show that their system works. They believe that they could stay
the way they are without getting City services. They do not want to pay additional taxes
for any City of Rexburg services. Bill indicated that developers are developing the land
by rezoning for financial reasons. They were told earlier that if annexation was going tp
take place, it would be 3-5 years down the road.
iviindi Lucas - 95v South 2000 West - rrovided a petition listing residents who are opposed to the
annexation request. Mindi indicated that they have lived in the area for about seven years.
She is opposed to the annexation proposal. There are people in these areas that do have
livestock that is used for their liven hood. She did not understand how the City water line
would. affect the sub-water. She mentioned that County Residents do not pay for City
services. She commented on the countless hours of service donated to the City by young
children of County residents who have planted flowers for the City of Rexburg. It takes
away from the dignity of the volunteer work that has been donated to the City. Mindi •
asked why the City of Rexburg streets are in such bad shape all winter. The elderly can
not go into town. She would like to see improvement in the City of Rexburg street
maintenance in the winter.
Scott Lucas - 950 South 2000 West -Requested real test data for pollutants in the ground water
and how they are moving underground. He requested the data from the City or the
County. He would like to see real hard test data on water pollutants. He is an Engineer at
the Site. Scott gave examples of studies conducted at the Site to tract ground water
pollutants. He does not want to pay more taxes. He is concerned with the extra costs to
supply City of Rexburg services to his subdivision.
Russ VanAllen - 932 South 1560 West -Russ agreed with the others. He is concerned with the 30%
increase in taxes. He is requesting more data on the cost for water and sewer connections.
Russ feels he was misled two months ago when he was told he would not be annexed
into the city. 1 hey were told it would not be a question of "If 'but "When" they would be
annexed into the City of Rexburg. They were told their taxes would increase roughly 1%.
The information that was mailed to the residents from the City of Rexburg indicated
almost 23% increase ir. taxes aver the cu~xent County taxes. Russ reviewed the cost for
City water and sewer that was mailed to the residents. He requested more information on
the actual cost for water, sewer, and everything else that might come down the road for a
$120,000 home. Russ does not want to be misled with partial data.
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• Dean Kunz -161 South 2000 West -Dean asked who would maintain 2000 West. Is 2000 West in
the City or the County? Also, Dean asked if the City is going to annex a proposed
development West of 2000 West. What is going to prevent the City of Rexburg from
annexing that property? Where is the City of Rexburg going to stop annexing property?
Dean asked if the City of Rexburg is going to spot zone and annex property just because
someone wants to develop it.
Larry Saunders - 190 South 1559 West ~- If we are in the City, will we loose more control of our
neighborhood. When does the City of Rexburg services require connection? Larry is
concerned with the changes that: come with annexation. The residents do not need the
extra expenses that come with annexation.
Eric Erickson -Requested that the Widc~ison Addition and existing neighborhoods be annexed into
the City of Rexburg as an RR2 :?one if the annexation proposal is approved.
Paula Harris - 190 South 1903 West -She is concerned with the trust level. She requested that the
Planning and Coning Cormnission allow more time to provide the needed cost
information to the residents on City of Rexburg services. She does not trust the City's
facts on the costs of-City of Rexburg services.
Kirby Forbush -Discussed the need to have an annexation agreement for existing subdivisions to
explain the exact requirements for the neighborhoods. Will they be required to have a sidewalk,
curb and gutter, water connection, or sewer connection?
Winston Dyer -Reviewed the process to obtain an annexation agreement. The City Council
would make the final determination. Kurt Hibbert and John Millar can help residents with
these agreements. It would be appropriate to have the negotiations completed with the
City of Rexburg before the City Council Public Hearing is held.
Winston Dyer -Referenced the written documents presented to the City by residents who object to
the annexation plan for their neighborhoods. There was an unsigned letter stating that this
is how we currently feel. "Our representatives will be more than willing to listen to-the
proposals". Winston read a petition that stated "As residents of Madison County living in
parcels 1-7 as designated by the City of Rexburg we the undersigned do object to the
proposal to annex the said land parcels to City property as indicated in the proposed
annexation plan of October 21, 2002". There was 2 %2 pages of signatures with names
and addresses. A letter from John and Judy Steiner - 612 South 2000 West -The letter
indicated a protest to the annexation proposal of their property. They were offended with
the degrading tone and content o:r the annexation proposal letter from the City Offices. "The letter
states that by joining the City, the Steiners would be able to save money on their sewer-and water
and garbage services. "I don't know how you can save us money when we already have our own
se. /ice ir. place that is of minimal cost". They are opposed tc the annexation proposal and feel
that annexation will cause a hardship on their family. The Steiners are concerned with being the
next victims of a forced change. They requested that U.S. Highway 20 be the annexation line
instead of 2000 West. They asked the City to listen to the voice of the people who are actually
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being affected by this change. The Steiners letter stated "Please don't make us feel that joining •
the City would be equal to contracting the Black Plague".
Winston Dyer -Offered an official apology from the City to the residents who received the
annexation letter. The City officially apologizes for the comments in the ad for
annexation with reference to the "Black Plague". Winston did not know exactly how that
comment was included in the letter. It was a mistake and the City of Rexburg apologizes
for any offense it may have created.
Winston Dyer read a letter from Fenton Broadhead - 190 South 1888 West -Fenton referred to
parcels 1, 2, 4, 6, & 7 on the proposed annexation map. He is concerned with spot zoning
next to U.S. Highway 20. "There has no proactive planning and decision making based
on original plans for an area". He is opposed to developments with smaller lot
restrictions and apartments in this rural area. He mentioned the annexation of a narrow
strip of property on the West side of U.S. Highway 20. This is the parcel adjacent to numbers 7,
6, and 4. There is no road frontage for this parcel. "That is unreal to think that it was
annexed". Another consideration for denying this annexation proposal is the weed
patches and open areas that will be created. The City is driving the market by
encouraging the development of lower priced land to the West of the freeway. Fenton
indicated that the fees from water and sewer hookups would subsidize the commercial
development on Highway 33 and any other residential development. Fenton speculated that the
City of Rexburg would allow this technique to avoid collecting impact fees for new
developments. Fenton is not interested in subsidizing other developments. He requested that the
existing subdivisions would be free from the curb and gutter requirement in these rural areas.
Fenton commented on Madison County's ability to maintain the roads in his area. He expects a
decrease in winter maintenance services if his property is annexed into the City. Fenton
summarized with this comment: "In summary I have concerns about the planning decisions
being made. I watched the construction of a gas station that will cater to trucks with the use of
2000 West. 2000 West has a restriction on truck traffic. I see a gerrymandering plan for
annexation where you don't include property to the North of Highway 33, even though there is a
commercial business on the North side. I would encourage you to plan and implement the plan.
Let the plan drive the development. If I could have confidence in your plan and consistency, I
would feel better about the proposal."
All written comments were reviewed and they are on file with the City of Rexburg.
Public Input was closed
Tile Commissioners discussed the comments directed to the City of Rexburg concerning the
Tax increase due to the annexation proposal.
Winston. Dyer -The utility services are maintained by monthly user fees. None of the proper~y
taxes that are collected go towards water and sewer services.
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• Kurt Hibbert -The increase in taxes does vary between residents. Circuit breakers and home
owner's exemptions are examples that will cause some variation in the 30% tax increase
that has been discussed at this meeting. Kurt mentioned that he had calculated a 28%
increase in taxes for an annexed home.
Winston Dyer -Reviewed the 22.9% ta.x increase that was mentioned in the flyer that was
published. That amount represf~nt the City's portion of the total tax bill for a residence.
Winston gave reference to a document "Madison County/Rexburg Comprehensive
Plan 2000". This document was prepared in 1977. It gave provision for the Community
to the year 2000 as to how in the planners best vision the Community would grow and
develop. A copy of this map w<~s entered into the record. Winston reviewed the map that
showed City of Rexburg expansion to the West of U.S. Highway 20. Winston
commented on the concerns of t:he residents with this annexation proposal. He shared their
concerns about the impact and changes that this proposal would create. Winston commented on
d1SCllSS1o1lS he haS had wttll residents Aver t}tic expansion icciie, PTe ~.nmmenta.rl that a1mOSt
everyone he has visited with has readily admitted that they knew the day would come when
Rexburg would grow and expand. Winston indicated that the day has come to properly plan for
this expansion in an orderly plan. He recommended that the Planning Commission give serious
consideration to this annexation proposal.
Doug Smith -Commented on the vision of past developers that provided housing for residents in
the area. He commented on some serious nitrate underground water contamination in the
Hibbard area. He did not know the source of the contamination. Doug commented that
"We are all lucky to be here"; `"vVe are all benefactors of developers". Doug recommended
• that the residential areas be maintained as rural residential. He indicated that there is wisdom in
the annexation proposal.
Winston Dyer -Reviewed the makeup o:Fthe Commission. Three of the Commissioners live in the
County. One County resident is appointed by the City of Rexburg to the Planning
Commission and one is appointed by the Madison County Commissioners and the third
one is appointed jointly by the City and County. Mike Ricks, Doug Smith and David
Stein are representatives of the County area.
David Stein -Commented on the existing; Planning and Zoning Ordinance and the existing
Comprehensive Plan for the City of Rexburg. He was concerned with the timing of the
proposal.
Robert Schwartz - He is concerned with requiring sidewalks in the Rural Residential zones. He
commented on the need to have zoning laws for the protection of the neighborhoods.
Discussed the density of septic systems in the area that will cause pollutants in the
environment.
Ted ~r~'iyLe - Coiiimeiited on the vilr-plexeS that are veing built Ou file TvJcst Slde Of U.S.
Highway 20. These permits were granted by the County. There are multiple units
planned for that development. Ted indicated that it was prudent to annex them and have
them on City water and Sewer. The alternative would be to have hundreds of units with
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septic systems adj acent to the City limits. This could impact the City of Rexburg for the
development of infrastructure in 5, 10, or 20 years down the road. He indicated that it
was good planning to provide City services to developments that have developed adjacent
to the City limits. When septic systems fail, the residents will come to the City and ask
for water and sewer services. Ted is on a task force that gathered data on Rural
Residential housing developments. He has spent time with towns and Cities to the South
of Rexburg. One half acre lots are consistent in adjoining areas. The City of Ammon
would prefer to have sidewalks to keep the school children off of the roadways in the
winter time. Ted commented that there are many issues to review, however RR2 zoning
fits well for rural single family housing.
DaVawn Beattie -Reviewed the old businesses that were in Rexburg a few years ago. He
indicated that it would be impossible to avoid change in the Community. DaVawn
recommended that the City meet with residents to work out issues and concerns with the cost of
City services and other annexation questions.
Doug Smith -Recommended that the Rural Residential areas maintain the rural setting with a
rural zone.
Jerry Hastings -Discussion on the proposed annexation zones being set up to reflect current use.
Winston Dyer -The proposed zones for the areas under consideration to be annexed have been set
up with zones to reflect the current use.
Mary Haley -Indicated some concerns with the water quality associated with the four-plexes on •
the West side of U.S. Highway 20. Winston and Kurt explained the location of the water
and sewer lines that will be installed by next spring for the City. The four-plexes are currently
on City water. Discussion on land parcels and lot sizes in the area.
Jerry Hastings -Inquired about Impact fees for new developments. Winston indicated that the
City of Rexburg does require the developers of sizable developments to extend water and
sewer lines for the City in lieu of impact fees.
DaVawn Beattie -The reason for zoning is to protect existing property owners. Winston
explained the differences between City and County zoning laws. The County zoning is a
little more wide open. and less comprehensive than the appropriate City zoning for a
location.
Winston Dyer -Indicated that past discussions from the Planning and Zoning Commission on the
expansion of the impact Zone in this area favored single family residential development
with the possible exception of apparent commercial locations like Mother Hibbard's
Country Store. Winston favored the concept of a residential area.
Robert Schwartz - He has been a victim of being forced by government. Robert indicated that
the County Planning and Zoning requirements are different than the City Zoning
requirements. A lack of the proper controls have caused problems. Roberts's comments
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favored putting the proper controls in place to protect existing land uses. He reviewed the
changes that occur in our society and in Government.
Ted Whyte -Reviewed the proposed zoning for each tract of land that the City of Rexburg is
proposing to annex into the City.
Discussion on how to proceed with the motion to annex the different tracts of land with the
associated City of Rexburg zones.
Ted Whyte -Recommended annexation of the following tracts of property into the City of Rexburg with
the
associated zones is proposed by the Planning Commission:
Tract # 1 - Widdison Addition with the recommended zone of RR2.
Tract #2 -Agricultural area recommended zone is RR2,
Tract #4 -Agricultural area recommended zone is RR2.
Tract #6 -Agricultural area recommended zone is RR2.
Tract #7 -Residential area recommended zone is RR2.
Tract #8 -Residential area recommended zone is RR2.
Tract #9 -Agricultural area recommended zone is RR2.
Tract #3A -Henderson property recommended zone is LDR1.
Tract #3B -Peterson property recommended zone is MDR -existing use grandfathered.
Tract #11 -Residential area recommended zone is LDR -Consider 5th South boundary.
Tract # 1.4 -Commercial area recommended zone is HBD.
David Stein -Commented on his conceals of the lack of an RR2 zone for the City of Rexburg.
He recommended that future amnexation proposals include existing zoning options.
Winston Dyer -Reviewed the reasoning for doing this during the Zoning change process. The
Planning Commission is in the process on adding the RR2 zone to the Zoning Ordinance.
Due to timing and workload, the proposed changes to the Zoning Ordinance have not
been completed in a timely manner. Winston recommended that the annexation proposal
be contingent upon the RR2 zone being adopted by the City of Rexburg.
Kurt Hibbert -Reviewed the RR2 zonin€; proposal discussion that was held in a joint City Council
and Planning and Zoning meeting on September 25, 2002.
Note: Legal Council indicated that the City Council must approve the RR2 Zone as
an amendment to the current Planning and Zoning Ordinance #725 before it will be
available to use in the Kexburg; Zoning Ordinance.
Winston Dyer -The Chairman's recommendation stands that the annexations must be contingent
on the ir~clusior. of tl'.e RF.2 zone into the City of P.exburg Zoning Ordinance.
Discussed the long term use of property with storage units. The property could be redeveloped
at a later date.
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Winston Dyer -Reviewed the property East of tract 14. It borders the City of Rexburg water
tank. Residential property is farther East. There are no residences in this annexation area. ,
Jerry Hastings -Reviewed the City of Rexburg well that sits on the East portion of tract 14. Jerry
commented on the zoning in other Cities. They have put public services in almost every zone in
their Cities.
Kurt Hibbert -Reviewed the Smith property on the overhead screen. Richard would prefer to
have St'' South as the annexation boundary for his property.
Winston Dyer -After discussion on splitting Tract 11 at 5`h South, the Planning Commission
decided to have the City Council make the decision on the Southern boundary for that
Tract.
Ted Whyte -Reviewed the existing businesses in Tract 14 which is proposed to be HBD. Ted
asked if Rexburg Plumbing and Heating, Leishman Electric, and other businesses being
annexed would be required to connect to City water and sewer.
Discussion on the reasons that a site would be required to connect to the City water and sewer
systems. Winston indicated that failing systems may be a reason or a majority of sites in a
location are requesting a connection.
Jerry Hastings -Recommended that residents get with City Staff in neighborhood meetings to
resolve any issues and clarify any questions that they may have concerning this annexation
proposal. Jerry recommended annexation agreements for these neighborhoods.
Doug Smith made a motion to annex parcels (Tracts) 1,2,3,4,6, 7, 8, 9, 11, & 14 as was proposed
with appropriate Rexburg City Zones attached, Conditional upon the City of Rexburg
adopting the Rural Residential 2 Zone (8122); Jerry Hastings seconded the motion.
Discussion on having the City initiate contact with residents to have a neighborhood
meeting. Doug Smith recommended having District 7 Health Department at the
community meetingse Jerry Hastings referenced the need to have an annexation
agreement crafted at these meetings. Doug Smith amended his motion to include the
neighborhood meetings to develop an annexation agreement before the City Council
Public Hearing on the 18`h of December, 2002. Jerry Hastings seconded the amended
Motion. All voted aye, none opposed. The motion carried.
Kurt Hibbert -The City of Rexburg will organize two neighborhood meetings to address
residents' concerns over the annexation proposals. Kurt mentioned the testimony of the
County Planning and Zoning Coordinator was an indication of the concerns the County
has with rural developments being developed adjacent to the City of Rexburg. He
indicated that her testimony was unprecedented in tl-ie Ci~y of Rexburg Planning and
Zoning Public Hearing. Kurt mentioned the concerns of the District 7 Health Department
with the development of rural subdivisions. Kurt commented on a City Council meeting where
the Council recommended that the P&Z Commission address the annexation issue.
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City Staff will attend to address the issues of the neighborhoods.
Winston Dyer - Com.*nented for the record that the City did nct make the statem.~ent that a
neighborhood would not be annexed for 3 to 5 years. He was present at the conversation
and clarified the conversation. Winston indicated that it was not a City Council person in
the discussion as reported. The annexation was already being considered when the
cotversation took place.
Site Plan Review -South Hampton Apartments -Corner of 6th South and 3rd West
- Scott Spaulding
Scott Spaulding -Reviewed the proposal on the overhead screen. Scott reviewed the changes
to the parking by shifting the buildings to the West. Snow storage is beyond the 10% of parking
requirement. John Millar indicated to Scott that the City will not allow a direct tap into the storm
sewer system at this location. There will be a Swale detention area in the snow storage area that
is about 3-4 feet in depth for storm water detention. The detention area will serve as a play area
the development.
Discussion on the reason for needing a retention pond. The Storm sewer pipe is at capacity from
locations above this location. Parking is at 40% for compact cars and 60°~o for full size
cars. There are 128 parking stalls for the development.
Kurt Hibbert - Staff is recommending moving the curb to the south on the curved portion of the
roadway. That will add capacity to the storm detention area.
Scott Spaulding -The surveyor made the; curved road into a continuous curve to smooth out the
line going around the corner.
Discussion on how 6th South connects to the development.
Kurt Hibbert -Chris Huskinson recommended that the fire hydrant needs to be elevated or
moved. Winston indicated that it is not on the property and probably should be moved by
the City.
DaVawn Beattie moved to accept the site: plan with the following conditions:
1) Approval of City Staff Departments
2) Conform to all of the applicable Ordinance requirements
Mary Haley seconded the motion, all voted aye, none opposed. The motion carried.
Site Pian Review - Paddingo;a COUri - off Prla,~iah Aze - VVestates Subdivision
=Schiess and Associates = Ba.dharn Construction
Dave Montgomery - 125 N. 640 West, North Salt Lake City, Utah -This development
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is a continuation of Cougar Court Apartments with a two level apartment commons area
building with 7 aparhnents in that building. There will be three 24-plex apartment
buildings with the same design as the Cougar Court Apartments. There will be a total of
79 apartments in this development. There is the required amount of parking stalls. Kurt
Rowland indicated a need for a lighted entry to the development. Dave will add lighting
to the entryway. The garbage dumpster's locations were reviewed with John Millar.
Kirt Hibbert =City Staff approved the parkirig density plus the layout and setbacks.
Discussion on the play area for the children. The development will have some play ground
equipment in the center area of the development. The building heights will be 2 '/2 stories
high. It is the same design as Cougar Court.
Ted Whyte -Mentioned fair housing issues -The main floor needs to be accessible per ADA
requirements.
Winston Dyer -Sprinkling requirements were reviewed. It is a life safety issue. Three stories
would require a sprinkler sysiem.
Jolu1 Millar -The new IBC (International Building Code) will require sprinklers in January 2003.
David Stein moved to approve the site plan for Paddington Court Apartments subject to the
following conditions:
1) Meet existing Zoning Ordinances
2) Fire Department approval
3) City Staff approvals
4) Install entrance lighting for the development
DaVawn Beattie seconded the motion, all voted aye, none opposed. 'The motion carried.
DaVawn Beattie -Discussion on a tree ordinance for the City of Rexburg.
Jerry Hastings -Requested that the tree requirements be included in the new zoning ordinance that
is being amended. Discussion on the appropriate trees to have in the City.
Medical Office addition - Dr. Craig Heiner -Winston Dyer indicated that City Staff provide
him with the following information: In 1985 Dr. Heiner presented a site plan for
approval showing an office expansion for his facility. The request was approved at that
Time by Planning and Zoning and by City Council.
The Planning Commission discussed the neighborhood association in that area. There was some
discussion or. appraving the project based on the prier approval of the City. It would be
an approved use that would allow a grandfathered use based on prior approval before the
current Zoning Ordinance was adopted.
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Winston Dyer -Commented that it ~~ould be good to approve the project based on the prier
history for the development. This would clear the record and provide a written record of
the request in the minutes.
John Millar -Discussed the history of the request.
Don Sparhawk -Indicated that the neighborhood association would probably be supportive of the
project if it was legal. He could not speak for the neighborhood association.
Kurt Hibbert -Mentioned that the City did get a request from Dr. Craig Heiner to re-visit the
1985 approval for his office expansion.
Winston Dyer -Excused Steve McGary with an illness.
New Zoning Descriptions for the City of Rexburg
Winston Dyer -Reviewed the need for additional zones in the Rexburg Planning and Zoning
Ordinance. There was discussion on the new MDR2 zone by Kurt.
Kurt Hibbert -Indicated that many of the Conditional Use requests requested in MDR Zones
would fall into the MDR2.category. He recommended moving the Conditional Use
applications currently in MDR to the new MDR2, Zone.
Discussion on the permitted uses and thf; allowable uses in a zone.
Jerry Hastings -Commented on moving the Conditional Use for 5 & 6 Units in MDR to MDR2.
Kurt Hibbert - Provided a handout of available zones in Moscow, Idaho, and Orem and
Provo, Utah. Discussion on LDR1 and LDR2 zones.
Winston Dyer -Reviewed the zoning recommendations presented by the City. In reviewing the
information that was presented 1>y Kurt, Winston commented on the following proposals
on page 20 of the Zoning Ordinance book:
1) MDR - Up to 16 units per acre
2) MDR2 - Up to 24 units per acre
Kurt Hibbert -Recommended moving the current conditional uses in MDR to MDR2. The
zoning applications in the handout were reviewed. Kurt recommended using some of
zones in the handout from ather Cities. Dormitory housing would rot be allowed in
MDR per the proposed change from MDR to MDR2.
Winston Dyer -Discussed the possibilit</ to have a sunset clause in the zoning ordinance.
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John Millar -Provo is developing a sunset clause called a "Project Redevelopment Clause". •
Jerry Hastings -Questioned if single family r_eighborhoods would be protected. Jer:-y vas in
favor of changing MDR Conditional Uses to MDR2 Conditional .Uses.
Discussion on protecting single family neighborhoods from having afour-plea in the back
yard: John Millar indicated that a 24 foot driveway requirement for density higher than a
duplex would eliminate most requests for backyard developments.
David Stein -Reviewed the possibility of requiring the front entrance to face the street. He
would like to adopt that provision in the building code.
Ted Whyte -Commented that each structure would require street frontage if this provision was
applied to the Zoning Ordinance.
Winston Dyer -High and Medium density were reviewed. HDR2 was discussed and the
possibility of eliminating it. Parking and 'building height control density in HTllR2.
Discussion on the HDR2 zoning locations in the City. Single bedroom developments only require
1.5 parking spaces per unit.
Ted Whyte -The reason for the HDR2 Zone was for one and two bedroom units.
Discussion on the apartments by Rexburg Floral. There are three 12-plexes and one 8-Plea fora
total of 44 units. They used ADA accessible ramps up to the 2°d floor.
John Millar - HDR2 requires at least 2 acres for a development.
Discussion on the existing zoning types for the City. There was a comment to drop apartments
from the LDR1 Zone.
David Stein -Reviewed options available in other Cities for LDR zoning. Examples would be
grouped housing with Density Credits.
Winston Dyer -Commented that a higher density would be allowed in a residential development
which would allow an increase in the green space or open area for the development?
Mary Haley -Discussed the density credit and how it works in a residential development.
John Millar -Requested that the new Zoning Ordinance use net acres instead of gross acres which
would eliminate the undedicated right of ways in the calculation. This would restrict
higher densities. John indicated that 7a` South and 5`h West are roads ±hat do not have deeded
right of ways.
Kurt Hibbert -Discussed Commercial zones.
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°. ~ Mary Haley -Commented on neighborhood businesses for Rexburg. There was continued
discussion on having neighborhood businesses.
Kurt Hibbert -High Density housing needs neighborhood businesses in close proximity to those
Housing areas. Neighborhood shopping centers were reviewed. Kurt recommended
splitting the industrial zone into two zones -Light Industrial and Heavy Industrial.
Discussion on the different types of businesses that could be located in Light Industrial.
Jerry Hastings -Reviewed Moscow's a:nd Provo's identifiers for Commercial Zones. Provo has
assigned a classification numbe-r to every business. It is probable an SIC (Standard
Industrial Classification) number.
John Millar -The only Heavy Industrial zones are for Walter's Concrete and Basic American
Foods. He requested that the Commission leave the door open to Industrial growth.
Winston Dyer -The City needs to protect the °Light Industrial areas from the Heavy Industrial
uses that could be a development.
Ted Whyte - Indicated a need to transition some of the industrial areas to commercial due to the
change in transportation methods. The transportation industry has moved from rail
transportation to highway transportation.
The Commissioners discussed the list of Commercial Zones offered as examples in Kurt's
handout.
John Millar -Concurred with Kurt to provide neighborhood shopping centers zones for residential
areas.
Jerry Hastings -Referred to the Provo plan as a desirable plan for Commercial designations.
Kurt Hibbert - Reviewed a Project Re-Development Ordinance - It encourages redevelopment of
older neighborhoods. It encourages those areas to develop into a harmonious and uniform
type development. It encourages creative and efficient utilization of land. This is a
(PRO) -Planned Redevelopment Option.
Discussion of a Professional Office Overlay zones, Commercial Overlay Zones, Horizontal
Zones, Vertical Zones, and Urban Mixed Use Overlay Zones.
David Stein -Commented on the need for a Planned Unit Development.
John MiL1ar -The City of Rexburg does have ar. Ordinance fora "Residential Unit Development"
and a "Planned Unit Developmer.~t" in the Subdivision Ordinance:
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There was continued discussion on current zoning for Rexburg including the Professional Office
Overlay Zone, University District, Airport District, and an Open Space Overlay.
Doug Smi±h - Ir:q~.:ired about zoning in the Rexburg Business Park. It is zoned HBD.
Kurt Hibbert -Commented on the Commission's discussion to bring into Zoning Ordinance
the Impact area zones that exist in the County. These are RR -Rural Residential and
AG1-Agricultural.
Jerry Hastings -Reviewed the concerns of the residents with AG zoning being rezoned to a MDR
or HDR zone right next to them.
Discussion on having an AG-Agricultural zone within the City. Doug Smith gave an example of a
Community in California that required an Agricultural zone within the City limits. It was
a farming zone right in the City that was ,tsed for agric.»Itural purposes.
Seventh North was discussed as a possible area that could be annexed with an AG zone.
Winston Dyer -Indicated that the Commission needs to protect existing uses. He asked the
Commissioners about their feelings on having an Agricultural zone in the City.
Mary Haley -Commented on the properties on Pole line road that are agricultural.
Discussion on the Trans Ag name being used as an identifier for City Agricultural Zoning
<' instead of AG1. The differences between RR1 and RR2 was reviewed. RR (Rural
Residential) will be brought into the City Zoning Ordinance as RR1. There was a
discussion on what zone to assign rural subdivisions.
Kurt Hibbert -Will provide new zoning descriptions to the Commission for review before the
next meeting. Design criteria was discussed for a subdivision ordinance.
John Millar -Indicated that there are two areas of discussion for design criteria. Setbacks,
minimum lot widths and minimum square foot needs to be defined in chapter 3. The
second area is road development issues.
Discussion on having a zone that would not require a sidewalk. Discussion on sidewalks for
pedestrian traffic.
Ted Whyte -Iona had some subdivisions without sidewalks, They regret that decision.
Winston Dyer -Asked the feelings of the Commissioners on having sidewalks in rural subdivisions.
The cost of sidewalks is an issue.
Mary Haley -Review previous discussions on sidewalks in rural subdivisions. She thought that
those subdivisions would not be required to have sidewalks.
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Discussion on having a wallcing path for children that walk down a street to catch a school bus.
The City could create an LID to require sidewalks in a rural subdivision.
Ted Whyte - Proposed to have sidewalks on the East side of highway 20 with curb and
gutter. The subdivisions West of Highway 20 would not be required to have sidewalk,
curb and gutter.
Kurt Hibbert -Additional zones that are used in Orem and Provo may be considered.
Winston - Indicated that specialize zoning maybe done by a permitted use approach in an
appropriate zone. The State statutes would have to be followed allowing for proper
setbacks.
Jerry Hastings moved to accept the new and revised Zo_n_ing District classifications to be
recommended to City Council for adoption and implemented into the amended Rexburg
Zoning Ordinance for Rexburg, Ted Whyte seconded the motion, all voted aye,
none opposed. T lre motion carried.
Adjourned -November 22, 2002 (12:06AIV1)
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