Loading...
HomeMy WebLinkAboutP&Z MINUTES OCTOBER 07, 2004~x ~~~~~%' C~ ` O a ~~~ ~ .xR~~~_: 4ec,~K~ C1TY aF ~~J(~~~ PL_1tiNIN(.~ AND Lt:)\~\G :1Tli`[ l'I:ti October 7, 2004 7:00 P.M. City Council Chambers Attending: Winston Dyer, Chairman -Rex Erickson, City Council -Mary Haley, Jerry Hastings, Mike Ricks, Robert Schwartz, David Stein, Stuart Wells -Stephen Zollinger, City Attorney -Stacy Garitone and Cathy Winters Community Development 7:10 PM we did not have a quorum. The meeting was postponed until 8:00. The DVD regarding Public Hearings was shown to the Commission and the audience. Meeting called to order 8:15 1. Minutes from Sept.16, 2004 meeting will be available at the meeting October 21. 2. Tabled requests: 3. PUBLIC HEARING Annexation Application # 04 00260 -John Deere, Matthew Dronin, President Chairman Dyer asked the Commission if he should step down. He had been approached about \ the development of this project, but he is not under any contract with them. The Commission agreed they did not want Chairman Dyer to step down. The request for annexation in an earlier meeting showed we had justification to consider annexation. If approved they will have another public hearing with the City Council. Gary Fitzsimmons - 3280 2"d E, Rexburg, Id., Manager, John Deere, representing Matthew Dronin, who could not attend this evening. The proposed project will be 28,000 square feet facing Highway 20. The building will be built of steel with either a timbered or rock front. The front grounds will be burms and landscaping. The building will be set on the property with the showroom in the front and you will be able to see in coming from both directions on Highway 20. We will be hooked to city water and sewer. Chairman Dyer stated the Rexburg city engineer was working with the John Deere staff on the water and sewer project. The commissioners along with Stephen Zollinger, City Attorney, discussed the application. The property details and legal description was reviewed. Annexation description: All land in the Southwest Quarter of Section 36, Township 6 north, range 39 east, in the Boise Meridian: lying west of the east boundary of the Hwy US 20 right of way. Rezone: Highway Business District • • 1 There was question about the intention of the Kauer property but was shown in the application and verified by Mr. & Mrs. Kauer's son Doug, the intention of the owners to be annexed and rezoned. ~~ Chairman Dyer asked the record to indicate Kauers and Palmers had both asked staff to include their property. Chairman Dyer opened the Public Hearing. Chairman Dyer asked if there was anyone who wanted to speak for the proposal? Gary Fitzsimmons representing John Deere, stated he felt if would be safer to have the large farm machinery off 2"a North. The high traffic volume, access to their buildings, and moving the large machinery up and down 2°d North is very dangerous. Doug Kauer, son of Lorin Kauer, feels like the moving of the John Deere will still be close enough to town yet it will enhance the area where it is being built. Chairman Dyer asked if there was anyone neutral? Stan Erickson 1278 S 12~' W, his home is across from the proposed building and he is concerned about the back of the building that will be facing 3 houses. He wants to be assured the building and grounds will be appealing to his neighborhood. ~, • David Asay - 191 Huckleberry Circle was concerned about the tax increase this would cause for Chairman Dyer asked if there was anyone against the project that wanted to speak? No speakers. them. He had an article cut from the Newspaper and was thinking his taxes would be increased. Stephen Zollinger, reviewed the article with Mr. and Mrs. Asay and showed there they would not be affected by any property tax increase, the only person that is affected will be on the person to be annexed. Chairman Dyer asked the commissioners are they had any questions? Robert Schwartz, Stuart Wells, felt there was no reason not to recommend rezone and annexation. David Stein feels that there is ample time for the city to require design standards for the back of the building facing the right of way. Stephen Zollinger has met with John Deere they have agreed to follow the design standards. Mary Haley made the motion to recommend to the City Council the property of Kauer, Palmer and CMD be annexed and approved with Highway Business District zoning. {, • David Stein made the 2"a motion. 2 Motion carries 4. New Business: Discussion: Fencing Issues backing up to minor arterials -Ted White, Eaglewood Subdivision • Ordinance # 802 Ted Whyte gave handouts for the fence in question. He discussed details of the fence, the materials be used are cement pressed rock. They want to create a fence that will be private,. look nice and hold up the in the winter weather. Chairman Dyer noted the fence does not meet Ordinance #802; we may need to amend the ordinance. Group Discussion: The question of giving a CUP for the fence was brought up but did not qualify for this issue. It was recommended the property owners be allowed to build this fence, the fence is on an arterial street, it will be a buffer from the anticipated heavy traffic. The aesthetic value will be increased, and protect the neighborhood. The ordinances will enhance our neighborhoods, by allowing them to be built of property lines. Look at what needs to be done on Highway 20 that our ordinance does not allow for at this time. The height limitations were discussed from a 4' to 8'. The recommendation was 6-8' with a CUP to allow up to 10' Steve Zollinger noted the ordinance allows up to 8': for example 8' would not protect Highway 20, which needs to be considered in the ordinance. Group Discussion: • Design criteria, distances and definitions of the materials that can be used such as rigid member construction should be in the ordinance along with staff review and approval. The ordinance should read the attractive side of fence should face outwards. Most ascetically pleasing. Chairman Dyer made the recommendation for Kurt & staff to review and incorporate into an ordinance an amendment for 802. David Stein made the motion to approve the building of the fence Ted Whyte has requested for Eaglewood Subdivision. He acknowledges the requested fence of the Eaglewood Subdivision does not meet Ordinance 802 and that the fence is consistent with the terms of the ordinance as proposed. The fence ordinance #802 will need to be modified and/or an additional fence ordinance will need to be forthcoming. Bob Schwartz made the 2°d motion. Motion carries. 5. Nori controversial Items Added to the Agenda: • 3 6. City Council actions on P&Z recommendations: Chairman Dyer reviewed the City Council meeting regarding the Comprehensive Plan Map. There was an editorial error showing the Lincoln School as low density residential rather than a • public facility. We had discussion as to how these special areas such as S 2na E will be addressed. Chair was present and presented how we proposed to address this through the zoning ordinance perspective with the concept of the redevelopment zone. After discussion the council did go ahead and approve the adoption of the comprehensive plan map. The Council extended appreciation for the years and months of hard work by the commission. We will not be considering any map changes for 6 months. David Stein, in the future, regarding the redevelopment zones, the neighborhood associations wants to be included in working on the redevelopment zones. I concur with that, any type of public input will be good. 7. Zoning Compliance: Kurt Hibbert Unfinished/Old Business: A. Comprehensive Plan C. Annexation Policy Steve Zollinger has reviewed and we have not received a revised copy at this time. Chairman Dyer stated he would like Kurt Hibbert to have the finalized Annexation Policy at the next meeting October 21. j ~ D. Overlay District Chairman Dyer explained the concept of the redevelopment zone would be a modification of our zoning ordinance and would allow the city to designate an area which could be as small as a lot or as large as a neighborhood. Within that area we would be able to specify requirements about development in that area. Those requirements could include density, which could allow different density for an area. The under lying zone could address design standards or aesthetics of the new facilities that are built there. Allow alterations of setbacks, which would allow homes closer to the street to give a more neighborhood feel. Could address buffering, not parking on the streets, rear access. Those are examples of things that could be done under the redevelopment concept. There are a myriad of things that could be applied. Another point sometimes applicants and have asked for zone changes and shown the picture of what they are going to build, then we have leaned by experience that once the zone change is made there is no guarantee that will be what is built. The redevelopment zone will allow us to enforce a development agreement that the developer will be responsible to build what he has presented to us. This is the basics of how the redevelopment zone will work. Staff has put together this 3-page document that will set up the mechanism or structure for creating the redevelopment zone and some of the things that will go with it. This is first time the commissions has seen this copy staff recently completed. Ws ask the commissioners to go home and study this and be prepared to discuss at our next meeting. How does this fit for establishing the mechanism, later after the mechanism is in place we can start on specific proposals? If the 2"d E people would want to become a redevelopment zone we • can negotiate and have input and discussion as to how this would fit into their neighborhood. 4 Stuart Wells mentioned that after the last meeting, he did some homework and found that the Colorado Supreme Court held that "Nonconforming uses are disfavored because they reduce the effectiveness of zoning ordinance depresses property values and contributes to urban blight." This applies to zoning laws in general. If you give enough people a project redevelopment option zone, then you essentially have no zoning ordinance and you may as well not even employ City planners who help determine maintainable uses for the various area in the City. The Zones if implemented should only be given in rare instances, and should only be granted as temporary whenever possible. If we want Rexburg to become the next "Provo" then we better plan for it now. Allowing PRO Zones at great length gives reputable developers little hope of relying on the city zoning law to protect their bona fide development from being put next to a trailer park, car wash, or dance club. It is necessary to look at the master plan and determine whether you are going to follow it as a vision for the future or whether you are going to let it deteriorate to the whims of uncouth penny pinching slum lords who do not want anyone to tell them what they can do with their property. This is the purpose of zoning ordinances and why there should be few exceptions. David I would agree to use with discretion, too broad zoning can cause problems also. Don Sparhawk read through the draft of the Project Redevelopment Option Zone, this all came about because of S 2"d E we talked townhouses with a higher density, residential changes so the area would still remain residential kind of area. As I read this, I'm not sure this applies to what we have been talking about along that street. I'm not sure what this is. Chairman D er stated this document is the mechanism that allows us to set up the zone. After a • Y redevelopment zone is set up then we can go in and set up the conditions of that zone Don Sparkhawk it seems like we are opening areas up that really don't belong in a neighborhood. Group discussion: Detailed explanation of the definition for the purpose of the Project Redevelopment Option Zone and the way it will be implemented and controlled. More specific requirements will be made on any development considered for this zone. Concern from the audience on the issue of too many zone changes. Neighborhoods encompassed in this zone will be involved and have input. Many times things have come into town and we have had no choice but to approve, the will give us options. This will legally help us protect your neighbor, this mechanism give us a choice. Rex Erickson stated every one should see the GIS presentation that shows what 2°d E could look like. A picture is worth a 1000 words. Chairman Dyer please have Kurt Hibbert review Mr. Wells input, we don't want to use this for zone busting. • 5 Report on Proiects: Cathy Winters reported on the current building projects in the city: Department of Labor under construction '~ ~ Big O Tires under construction Oncology Center in for approval World Gym under construction Paul Mitchell Beauty School in for approval AmericInn under construction South Fork Plaza potential 92,000 sq ft with 13 proposed buildings locations Purrington Plaza under construction Gandolofo's in for approval Farmer's Insuance in for approval University Place under construction (another subway will be located here) Eastern Idaho Credit Union Dialysis Center in for approval Platt Electric under construction LDS Stake Center in for approval Cedar Falls approved commercial subdivision Farm Bureau Addition Wingers under construction Melaluca remodel under construction Bajio under construction BYUI mail room remodel Jenks Townhomes - 32 units -part under construction Village 105 units & clubhouse - in for approval and part under construction Georgetown Bldg 9 under construction Pioneer Village - 9 buildings site plan approved Christenson Property 12 additional units -waiting for application BYUI -Snow building & Manwaring remodel -waiting for application Adjournment 10:15 • 6