HomeMy WebLinkAboutCUP, P&Z , MIN & PLANS- 07-00126 - Lot Split - 339 W 1st N - Diamond L InvestorsS S Schiess & Associates
ENGINEERING • PLANNING * LAND SURVEYING
7103 SOUTH 45TH WEST, IDAHO FALLS, ID 83402 REXBURG, ID
OFFICE: (208) 522 -1244 • FAX: (208) 522 -9232 OFFICE: (208) 356 -6092 • FAX: (208) 356 -6468
Job No. 07072
4 -3 -2007
T.R.M.
REVISED
LEGAL DESCRIPTION
FOR
NICK LEISHMAN
(PARCEL NO. 2)
Part of Lot 2, Block 29 of the Original Rexburg Townsite, in the City of Rexburg,
Madison County, Idaho as per the recorded plat described as follows:
Beginning at a point that is S.00 °13'58 "E. 144.82 feet along the lot line from the
Northeast corner of said Lot 2, Block 29 of the Original Rexburg Townsite and running
thence S.00 0 13'58 "E. 102.69 feet along said lot line to the north line of the property as
described in Instrument No. 327021; thence S.89 °45'00 "W. 82.50 feet along said north
line; thence N.00 °13'58 "W. 247.50 feet along the east line of the property as described in
Instrument No. 214558 to the north line of said Lot 2; thence N.89 0 45'00 "E. 22.00 feet
along said north line; thence S.44 °46'02 "W. 14.14 feet; thence S.00 °13'58 "E. 134.82
feet; thence N.89 °45'00 "E. 70.50 feet to the point of beginning.
Parcel contains 10259 square feet and is attached to a 10 foot access easement described
as follows:
Beginning at a point that is S. 89 °45'00 "W. 60.50 feet along the lot line from the
Northeast corner of Lot 2, Block 29 of the Original Rexburg Townsite, in the City of
Rexburg, Madison County, Idaho and running thence S. 00 °13'58 "E. 144.82 feet; thence
S.89 0 45'00 "W. 10.00 feet; thence N.00 °13'58 "W. 134.82 feet; thence N.44 °46'02 "E.
14.14 feet to the point of beginning.
gy XR LNC
CONDITIONAL USE PERMIT
C I F Y O F
--- .------
_
V� S
REXBURG City of Rexburg
-- C - - --
Amerita_e Family Community Department of Community Development
19 E. Main St. / Rexburg, ID. 83440
Phone (208) 359 -3020 / Fax (208) 359 -3024
Project Information Permit #
0600397
Permit Type Conditional Use Permit Project Name
339 W. 1st N. - 2 family units
Site Address 339 W 1 ST N Parcel #
RPRRXB 10290101
Project Description
Names Associated with this Project
Type Name Contact Phone #
License # Exp Date
Fee Information
Project Valuation
Public Hearing Notice Fee 200.00
Conditional Use Permit 250.00
Total Fees Paid $450.00
Conditions
1. Duplex must meet the provisions of the Development Code.
** *SEE ATTACHED CONDITIONS * **
Print Name
Date Issued: 09/20/2006
Signature Date
Issued By: EMILYA
Planning & Zoning Minutes
September 7, 2006
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fox: 208.359.3022
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Commissioners Attending
Rex Erickson —
Council Member
Winston Dyer
— Chairman
Mike Ricks
Randall Porter
Joe Laird
Thaine Robinson
Mary Haley
Mary Ann Mounts
Chairman Dyer opened the meeting at 7:06 pm.
City Staff and Others
John Millar — Public Works Director
Val Christensen — Building Official
Stephen Zollinger — City Attorney
Natalie Powell — Compliance Officer
Emily Abe — Secretary
Roll Call of Planning and Zoning Commissioners
Mary Haley, Thaine Robinson, Randall Porter, Winston Dyer, Mary Ann Mounts, Joe Laird.
David Stein, Dan Hanna, and Charles Andersen were excused.
Minutes:
A. Planning and Zoning meeting — August 17, 2006
Randall Porter motioned to approve the minutes for August 17, 2006. Mary Haley seconded the motion.
Mary Ann Mounts abstained for not having been present.
None opposed. Motion carried.
Public Hearings
7:05 PM — Conditional Use Permit for a Duplex at 339 West V North (Diamond L Investors)
4455 Jud Street; owner and applicant. They purchased a lot on 1" North, and have moved a house
on the property. They want to get a Conditional Use Permit to rent out the basement and have a family live
upstairs.
Mary Haley asked if both units will be rented. ' ` said his brother will be living in the top part, and
they will rent out the bottom part. Eventually they want to put another duplex to the South of the current building.
Joe Laird asked if the house right to the east is a three- family house..` ` �� "'� said he believes it is a duplex
as well. The house on the west side is also a duplex.
Randall Porter asked where the access for the parking is. Ryan Leishman said the access comes off 1" North. He
pointed out the access areas on the site plan.
Joe Laird asked where the driveway will end. Ryan Leishman said they will end the pavement 20 feet or so past the
driveway for right now.
Randall Porter asked if he was meeting the front yard setback. Ryan Leishman said they have 26 feet from the
property line to the front of the house.
J ohn Millar said the house will probably need to be moved to the South. The dimensioning has been done from the
sidewalk, but the property line is approximately 5 feet behind the sidewalk. This issue will be picked up with the
building permit.
Mary Haley asked if the parking will leave them sufficient easement on the west side. John Millar said it will.
Mike Ricks arrived at 7:20 pm.
Chairman Dyer opened the public input portion.
In Favor: None
Neutral: None
Opposed:
Mabel Smith 354 W. 1" N. She said she would question the distance from the sidewalk to the house. She said if
they are going to put two duplexes on the lot, they are going to have to rezone the neighborhood. This is the 4`''
time they have come before Planning & Zoning in reference to their neighborhood. They don't want to rezone to
multiple apartments. They are a family community, and they would like to keep their neighborhood the way it is.
When the applicant said something about one duplex, she was amazed. She was told it is zoned for a duplex by so
many feet. He has the footage for one duplex, but he doesn't have the footage to put in two duplexes without
rezoning. She asked them to think hard before they rezone them.
Ken Hart 367 Salem Ave. Right now there is not a single rental on his street, but there are several on the block.
The nature of the neighborhood is going to change if this keeps going. If there is a higher density, he can see
people cutting through their block. He would be concerned with proper fencing and paved driveways. He would
be more opposed to having two buildings than one here. Almost every lot on the block is large enough to have
another building in the back yard. Is that really what they want in their neighborhood?
Carl K. Rasmussen 338 W. V N. He lives across the street from the project. He is concerned that the house on
this lot is over 20 feet closer to the street than any other house on the street. This destroys the neighborhood.
Delynn Nedrow 337 Salem Ave. He is concerned that if they keep letting duplexes in here, they will eventually
have an apartment complex. This will destroy the neighborhood. He is confused with what the applicant is going
to do with the house. Putting two houses in does crowd the lot quite a bit. At the house to the west of this, you
can barely get a small car down that road. He is concerned with whether they are meeting the code. He would like
some reassurance that it will actually be done the way it is supposed to be done. This is destroying our little
neighborhood. We will have an apartment complex in here pretty quick.
Kris Grover, 335 W. V N. Before they bought the house, they were using it as a triplex. The owner before said he
was renting it, but it was never up to code. Since he has a basement apartment, he can't really oppose this. He
thought that the issue tonight was the plan is to put a second house in the back of the lot. He would like it to be
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just the one house with a large back yard. He would rather have just a family live next door, instead 5 or 6 families.
He said he doesn't have as many complaints or concerns if this is only for one house. We moved here to get away
from crowded cities and having our neighbors right on top of us. He said he lives on the east side, and he rents out
their basement.
Written Input: None
Rebuttal:
Ryan Leishman said he appreciates the comments and concerns. However, so far he doesn't know how long the lot
has set there with garbage on the lot. He doesn't know what makes an area look worse, an empty lot full of
garbage, or a couple duplexes with landscaping and an asphalt driveway. This will be a nice looking project that will
be up to par with the other houses on the street. This project will upgrade the neighborhood. When they bought
the lot, Kurt Hibbert said this lot was big enough for two duplexes. They won't have just a junky duplex in there.
They want to make the property value go up.
Chairman Dyer closed the public input portion.
Chairman Dyer asked what the distance is on the setback. John Millar said he has not measured them, but the
aerial photo indicates that the majority of the homes do not meet the setbacks. Any new home going in is required
to meet the average of the existing setbacks.
Chairman Dyer asked if this application is strictly for the one structure to be operated as a duplex. John Millar
said there is adequate square footage for a second unit. However, this is not a portion of this Conditional Use
Permit application.
Randall Porter asked if there would be room for emergency vehicles to get back to the second structure. Jahn
Millar said there is adequate room.
Randall Porter asked if it is considered a duplex if you live in your house and rent your basement. John Millar said
this is considered a duplex. Two family units in a structure is a duplex.
The Commissioners discussed required parking for a duplex.
Thaine Robinson said what they are really talking about is whether they should issue a Conditional Use Permit to
allow someone to live in the basement of the house. Chairman Dyer said this is correct.
Mary Haley asked if parking was allowed in the front yard setback. John Millar said they are allowed two (2)
parking stalls in the driveway when it is a duplex for families.
Thaine Robinson asked if the City will take care of the life safety issues. John Millar said they will.
Chairman Dyer said the zone on the property is Low Density Residential 2. He read from the code the dwelling
density allowed in this zone. The question for the Commission is shall a Conditional Use Permit be granted to this
applicant for a two family dwelling in an LDR2 zone, and if so, what conditions should be set on it.
Mary Ann Mounts said if he meets the conditions that everyone else meets, she does not have any other
conditions to place on the applicant.
Randall Porter asked what percentage of the homes in this neighborhood are already two family units. John Millar
said he does not have the statistics, but there are at least two (2) more to the West. Mary Haley said there are more
on the corner of 4`'' West.
Chairman Dyer reviewed the standards applicable to Conditional Use Permits in the Development Code.
Mary Ann Mounts said for now, there is no reason to require extra buffering.
Mary Ann Mounts motioned to approve the Conditional Use Permit for a Duplex at 339 West 1S` North. Thaine
Robinson seconded the motion.
Randall Porter said we see this happening more and more where someone living in a peaceful LDR1
neighborhood wants to own a rental unit in someone else's neighborhood. People in the affected neighborhoods
end up dealing with absentee landlords who have upset an otherwise peaceful situation. There is an element of
unfairness waking up one morning and discovering someone wants to build a duplex or four -plex next door to you.
Typically when residential homes are bought for investments, they become run down. The property continues to
trade ownership again and again. Generally, if you drive through Rexburg and see run -down properties, they are
rental units. One of the reasons they run -down is that there is never enough revenue generated for proper care and
maintenance. Randall Porter reminded the Commission he has been consistent in voting against these kinds of
changes in the past. He encouraged this neighborhood to rezone the area to Low Density Residential 1 for
additional protection from rental units.
Mary Haley concurred with Randall Porter. She said not only does this house not face the same way as the other
homes, but it will change the look of the neighborhood. She also suggested that the neighbors get together to
change the zoning. She hopes when the Commission takes up the Comprehensive Plan, they restrict parking pads
in the front yard of the home, because this is not acceptable to the rest of the neighborhood.
Those in favor:
Chairman Dyer
Joe Laird
Mary Ann Mounts
Thaine Robinson
Mike Ricks
Motion carried.
Those opposed:
Randall Porter
Mary Haley
Chairman Dyer reminded the neighbors that it is possible to form a neighborhood association and petition for a
zone change.
7:10 PM — Annexation & Rezone at 839 West Main Street (Ora Green)
Danna Green son of Ora Green. He is asking Planning & Zoning to annex the property that has been in quite a bit
of debate for a number of years. At this point, the property is totally surrounded by the City. The property is the
only parcel in the area that is not part of the city at this point. There are basically two parcels on the application. In
addition to the annexation, they would request a residential zone on the North parcel, and a commercial zone on
the South parcel. The Comprehensive Plan calls for commercial on this property.
Chairman Dyer clarified that the question is shall the City annex both parcels, and assign a residential zone to the
North parcel, and a commercial zone for the South parcel.
Randall Porter asked what the zoning is on the adjacent property. John Millar said it is currently zoned Rural
Residential 1.
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J ohn Millar said water and sewer lines would have to come from lines currently at the front of Comfort Inn. The
capacity is there, but they would have to be extended across the property. There is also limited access to the site. It
is bordered on two (2) sides by the canal and one (1) side by Comfort Inn, and other residential uses on the North.
If an access is provided through the other parcel to the commercial property, it would require a commercial permit
from the transportation department for an access. The North parcel is proposed to remain zoned as it is, and the
South parcel is proposed to be zoned CBC.
Randall Porter asked if there is a reason that the property adjacent would not be coming in at the same time. Jahn
Millar said the Green family requested annexation, and the City did not expand the application.
Chairman Dyer opened the public input portion.
In Favor: None
Neutral:
Ken Hart 367 Salem Ave. He understood that the city wanted to put a road through here and put in an
intersection. This ought to be considered.
Opposed: None
Written Input: None
Rebuttal: None
Chairman Dyer closed the public input portion.
Chairman Dyer said the issues brought up by Mr. Hart are in discussion, but are not necessarily connected to this
proposal in any way.
Chairman Dyer declared a perceived conflict of interest in that he is the agent for the City of Rexburg in
negotiating with property owners for a runway protection zone. The Federal Aviation Administration requires a
geometric configuration wherein development and buildings are regulated in order to protect the pilots and general
public for airport operations. This property falls within that zone. The Commission and applicant did not have any
concerns.
Mary Haley asked how this affects this proposal. Chairman Dyer said the runway protection zone is a separate
issue that is really not directly related to this annexation request. This residential piece is in the runway protection
zone, but the bottom part is largely unaffected. This could move forward to be developed.
Thaine Robinson motioned to recommend to City Council to annex both parcels at 839 West Main Street,
changing the zoning on area #1 to Community Business Center, and leaving the zoning on area #2 Rural
Residential 1. Mike Ricks seconded the motion.
None opposed. Motion carried.
Unfinished /Old Business
New Business
A. Preliminary Plat — Canyon View Estates
Chairman Dyer declared a direct conflict of interest for the Canyon View and Sky Meadows plats and excused
himself from the table.
Randall Porter acted as chair for these issues.
Winston Dyer of the Dyer Group at 310 North 2n East. He represented the Valeo Management Group. The 17
acre parcel is located along Millhollow Road. The proposal is to create a subdivision of 36 lots, comprising the
entirety of the parcel. It is zoned as LDR1, and the proposed development is consistent with the LDR1 zoning
requirements. There were staff review comments regarding the plat as originally submitted. He has put the fire
hydrants on the plat. There is a desire on the part of Public Works for Shoshone to eventually go all the way
through, down to 7` South, when 7 d ' South is extended. Shoshone cannot continue going straight South as was
originally proposed. They will work out the final details with Public Works, but one proposal they have come up
with is to adjust the alignment as it crosses 5 ffi South, so that Shoshone can be shifted over. The lot sizes meet the
requirements of the zoning.
Mary Haley said at one time, a medical facility was proposed here. They were concerned with the amount of
people entering Millhollow Road. There are three added egresses. She asked how they explain that this would be
less of a problem traffic wise than the earlier proposal. Winston Dyer said this would be single family residences.
Trip generation by this land use is, about 20 percent of what it would be if it were commercial. He has indicated in
the application that the peak of traffic use would be 37 cars per hour. They can either go out onto Shoshone or out
onto Millhollow. Being single family residential, there is minimal traffic.
Thaine Robinson asked if there are existing houses in the plot. Winston Dyer said this is correct. The Smiths are
working with the developer, and they have a cooperative effort to become a part of the subdivision. They will then
retain some ownership there.
Chairman Porter asked where the proposed roads begin and end. Winston Dyer pointed them out on the plat.
Chairman Porter asked if there was a plan to widen Millhollow Road at some point. Winston Dyer said they are
not sure what the City's plan is, but they have put in the right of way line to meet the City standard. He pointed out
that while this solves the problem in this area, it does not address any of the other areas that have been long
discussed.
Joe Laird asked if they are dedicating a 34 foot width for Millhollow Road. Winston Dyer said this is correct,
because the ownership of the property goes to the centerline of Millhollow Road.
Joe Laird said lot six (6) looks small and odd - shaped, and is a corner lot. He asked if a house would be able to be
built on that lot. Winston Dyer said they can put a home on there that will meet the required setbacks. It is a
smaller lot, but they looked at it to make sure it would not be a problem.
Joe Laird asked if the width they are dedicating with the extension of Shoshone is going to give us a normal 68 foot
right of way. Winston Dyer said it would not. In the days when Rolling Hills subdivision was platted, it was a 25
foot half -width on the Rolling Hills subdivision side. They are giving 34 feet, and there is 25 feet already there,
making a total of 59 feet instead of 68 feet. With the existing development, that is the best they are going to do.
The Commissioners discussed the water and storm drainage for the subdivision.
Mary Haley asked how the water pressure is doing in our town with all this added development. John Millar said
we have not had any problems to date. We are looking at obtaining a consultant to develop a computer model of
our water system and analyze exactly where we are at. To date, we have not had any pressure or supply problems.
G1
Joe Laird motioned to approve the Preliminary Plat for Canyon View Estates, subject to the conditions that the
Public Works department delineated. Mary Ann Mounts seconded the motion.
None opposed. Motion carried.
B. Preliminary Plat — Sky Meadows
Winston Dyer with the Dyer Group; 310 North 2 °a East. He represented Vista Funding. He presented the plat to
the Commissioners. The proposal is to develop this 40 acre parcel into 86 lots, meeting the LDR1 requirements.
This will involve a 68 foot right of way on all streets, with a 44 foot wide street. There will be curb and gutter on
the streets. There are two (2) accesses onto Poleline Road. The developer has worked out an arrangement with
Richard Smith, the owner of the 40 acre piece adjacent to the east, to jointly develop this road. The centerline of
the street is the property line between the two. This will pick up a little bit of property, enabling completion of
some of the lots. This road will temporarily end in a cul -de -sac, but the master plan is for this road to continue on
out into the bench area for other future residential development. He discussed the other streets. Wildflower Lane
drops down the low spot, and is proposed to connect to the adjacent property to the north. It also has some
topographic restrictions. He said they have had some preliminary discussion with the owners of the adjacent
property, and they had indicated general compliance. He discussed the master plans for the roads that the City is
working on. The developer is trying to make this plat consistent with the City's transportation plan. He pointed
out the water and sewer plans. The City has a couple pressure zones, and this property will have to work off the
highest pressure tank. By code, there is a minimum pressure allowed in the water system. Meeting minimum
requirements is not desirable, so a couple lots in this subdivision might not have desirable water pressure. This will
be addressed by future improvements; likely another storage tank, a well, and another pressure zone. The developer
accepts the fact that there might be a couple lots in the corner that are not readily available until the issue is
resolved. These are design issues, not plat issues.
Joe Laird asked if they can take care of the whole subdivision's storm drainage on Wildflower Drive. Winston
Dyer said they have their infiltrators and interceptors that are occurring on the streets along the way to try to pick
up quite a bit of that.
Joe Laird asked what right of way dedication they are allowing on Poleline Road. Winston Dyer said this reflects a
25 foot dedication, matching what the county road has. There are major power lines on each side. Public Works
has informed them that the power lines are not on dedicated easements, so they are movable. He said they are
prepared to dedicate the required 50 feet on their half of the street for a major roadway. There will be a 100 foot
total right of way. This will require shifting of the entire subdivision in the final plat stage, but the concept will stay
the same.
Thaine Robinson asked Winston Dyer if he was aware of the request for a 30 -day postponement of the plat from
Red Rock. Winston Dyer said they had initially indicated a willingness to cooperate, the reason being, that the cost
of the pump station would be divided between property owners. The Southeast corner area of their property has
the same problem that there is no way to get to if from their existing property and meet City standards for street
grades. However, under this proposal, the cooperative agreement between property owners would open
development for lots in the corner of their development that they would otherwise not be able to realize. He said
there have not been any firm or written commitments on this yet. At the same time, it is difficult for developers to
proceed if everyone around them can hold them up.
Thaine Robinson asked if he knows what the lot sizes will be in surrounding developments. Winston Dyer said
there is an elevation break that provides a separator between the developments of different lot sizes.
Mike Ricks asked if the pullout on Poleline Road gives you enough eye sight, since there is a hill. Winston Dyer
said he has performed an analysis, and the westerly approach, Ridgeview Drive, exceeds a 75 mile an hour design
7
standard for sight distance. The easterly approach, Sunny Lane, meets a 65 mile an hour design standard for sight
distance. John Millar said the Sunny Lane does meet the design standards, but it is close.
Thaine Robinson asked about the 11 percent slope near Wildflower cul -de -sac. Winston Dyer said the area is too
steep to meet City design standards. They will have to address this in design by doing some cutting and filling to get
the right grade on the streets.
Mary Haley asked about the slope on the lots. Winston Dyer said some lots have 10 foot contours. They are
steep, but it is amazing what people will build on. There is a market tendency to have a walk -out basement. They
envision that these homes might be closer to the street and have a walkout basement. Rather than trying to run
sewer lines for them with the natural grade, they will require these homes to have individual pumps in their homes
to pump to the sewer line.
Chairman Porter asked if this property is in the City limits. John Millar said it has been in the City for 30 years.
Chairman Porter asked what they are going to do with the power poles along Poleline Road. Winston Dyer said if
the City requires them to build the full half -width of the future wide street, they would see that the power poles are
moved.
Randall Porter asked John Millar if he is working closely with the developer to make sure all of the staff review
issues are resolved before they proceed. John Millar said all of these issues will have to be addressed with the
development drawings.
Winston Dyer said all the staff review issues are design issues, not plat related issues.
Mary Haley commented on the effect these additions will have on the schools.
The Commissioners discussed the situation of the schools and the impact of new subdivisions on them.
Joe Laird motioned to approve the preliminary plat for Sky Meadows with the provision that the developer meet all
the requirements that have been listed by the Public Works department, particularly the issues of storm drainage,
street steepness, and the development of Poleline Road. Mike Ricks seconded the motion.
Mary Ann Mounts asked if Poleline Road becomes a major arterial, what is required for accesses. This subdivision
is proposing two (2) accesses. John Millar said there are no properties that are allowed access onto an arterial. This
will be a minor arterial.
Mike Ricks said if the City is going to let development on Poleline Road extend to the east, they are going to have
to shut off Morningside Drive from entering Poleline Road. This is a dangerous, dangerous spot.
Those in favor: Those opposed:
Chairman Porter Mary Ann Mounts
Mary Haley
Mike Ricks
Joe Laird
Thaine Robinson
Motion carried.
Winston Dyer was restored as chair.
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Chairman Dyer called for a five minute break.
C. Request to amend Sign Ordinance #908 — Dell J Barney
Dell J Barney; owner of property along the freeway. He would like to put a sign on his property. He explained the
state requirements and restrictions. He said Rexburg's Sign Ordinance only allows a 200 square foot sign. There
are other signs along the freeway that are larger than this. He said the 200 square foot sign is fine for the interior of
the city. However, as far as Highway 20 frontage, it puts them at an economic disadvantage to put up a sign that
small. The City of Rexburg advertises on 2 of the signs along the highway that are larger than 200 square feet.
These large signs bring a lot of business to the City. There is a lot of revenue for the City that is generated by the
signs. H would request that the City do something other than a blanket "200 square feet, no matter what." He
would like something consistent with the zoning and proportional to the location. You should be able to have a
bigger sign if you are along Highway 20 than if you were along Main Street in Rexburg. If you are zoned industrial,
you should be able to have a bigger sign than a place that is zoned Highway Business District. A sign would be
better to look at than an impound yard as you go down Highway 20. He showed pictures of signs along the
Highway that are used by the City to advertise the Airport Museum. Some are located in the right of way. The City
of Rexburg might be in violation of its own ordinance. He would like the City to consider changing the Sign
Ordinance.
Chairman Dyer asked if Dell J Barney had a recommendation for a size requirement to replace the 200 square foot
requirement. Dell J Barney said it should be set at the 14x48 size for industrial property. This is a standard size.
For some of the commercial business districts with nicer buildings, a smaller size is better. The state has a lot of
good guidelines to limit the amount of signs. The City has gone overboard with the 200 foot requirement.
The Commissioners discussed the state easements on highways. Dell J Barney said his sign would be out of this
right of way.
Mary Haley said as she understands, if the City ordinance is different from State requirements, the State will abide
by the City ordinance. You have to abide by the stricter requirements. She said several other people have come to
the Commission, and this Commission wrote the ordinance based on what they thought would be appealing to
everyone that passes our town. They don't want Rexburg to look like the Heraldson Business Park along the
highway in Idaho Falls. One of the stipulations they hoped would prevent that look is the sign ordinance. All the
signs he has mentioned were built before the sign ordinance. There have been several others who have put in
businesses since then that would have also liked to put in signs as big as this. We have designed our ordinance to
prevent upward lighting into the atmosphere. We would like something to be seen in Rexburg besides advertising.
The Commission discussed signs along the Highway.
Joe Laird said he was here at the time the Commission wrote the ordinance. It started out because there were so
many of the Commission that looked at all the signs going in south of Rexburg. They felt that this collection of
signs looked terrible, and that it was a blight upon the approach of Rexburg. They did a lot of checking with other
cities and found a lot of variation is sign requirements, and discussed this for a year or two. They finally came up
with something they felt was correct, which is the 10x20 sign. The big signs allowed by the state are something they
did not want to see in Rexburg.
Mary Ann Mounts said she appreciates that it is a matter of opinion of whether or not these signs look good.
When the sign ordinance was written, the Commission talked to people in the community, and they felt they
represented a majority of the people.
Chairman Dyer said he hears a consensus that there might not be a lot of interest in opening the sign ordinance
issue again, but if anyone has a feeling to open the issue, please make it known.
0J
Thaine Robinson said he wishes the old signs conformed to the current ordinance. The Commissioners agreed.
The consensus was to keep the ordinance the way it is.
Dell J Barney asked what the consensus is on the museum billboard sign.
Chairman Dyer asked Natalie Powell to investigate the issue and communicate to Mr. Barney on the status of the
sign. Natalie Powell said she would.
Compliance
Mike Ricks commented on the property on 5 West. He understands they might apply for a conditional use
permit for dormitory style housing. The property is currently operating as dormitory housing. They should not be
allowed to operate until they are legal. Chairman Dyer said they applied once before and were denied.
Natalie Powell said the previous owner came before Planning & Zoning earlier. Kurt told her if she would have
had the parking in line, she would have been able to get the conditional use permit. He asked that she come before
the board one more time with a plan for parking. She is in the process of selling, and the gentleman who is buying
it has put together the parking plan. He has worked with City staff in regards to the plan. He has adequate space to
provide parking. Mike Ricks said until the Planning & Zoning Commission has granted a conditional use permit
to the owner, the housing is non - compliant.
Chairman Dyer asked if they are compliant or not today. Natalie Powell said they are not compliant today.
Chairman Dyer asked what the City of Rexburg is doing about it. Natalie Powell said they are trying to help them
become compliant by coming before Planning & Zoning for a conditional use permit. Chairman Dyer said
parking was not the only issue with the previous proposal.
The Commission discussed the landscaping along the canal.
Mary Haley said the parking lot at Valley Wide has not planted the trees and buffering that was required. Natalie
Powell said she has spoken with the owners. This issue is being taken care of.
Mary Haley asked about the parking lot at the corner of Main Street and 2nd East. There were to be pavers in the
parking lot.
Rex Erickson said this was discussed at City Council last night. John Millar had a meeting with the developers
today about the different issues. The shrubbery is in compliance. Within a year it will grow.
Mike Ricks said on the corner of Trejo Street, there is a sign that almost blocks the stop sign.
Natalie Powell asked the Commission to fill out Compliance Service Forms when they have compliance issues for
her so she can keep track. She asked them to be very specific on the forms and tell her what they are violating. She
asked them to pull the minutes and show her what they are required to do and when they were required to do it.
Non controversial Items Added to the A —venda:
Report on Projects
A. Development Code Revisions — Val Christensen
10
Val Christensen said when Kurt was here, they worked together on plan reviews. During those times, they found
many different discrepancies in the Development Code that Kurt would write down to be addressed. The only
thing that he took some time with before he left was the Light Industrial section. The rest was not addressed. After
Kurt left, Val and Emily have been trying to work customers through the Development Code. A lot of these things
that they have red -lined in the book they have decided to address all at one time. Over the last couple weeks, he has
put together a suggested revisions sheet. A lot of this is correcting typos, numbering that is not sequenced, filling in
blanks, etc. There are also some portions of it that are his personal opinion on things that need to be addressed
differently. He asked them to review and think about it. These are just suggestions. This comes from what he
deals with working with the general public. At the back, there are notes that are more generalized requests from
different City staff members. There is no intent to go over this tonight. Please look at it and let him know.
Mary Ann Mounts said there was discussion about having a City /School Board Committee. She would volunteer
to be on this Committee to avoid what happened when the middle school was built.
The Commission discussed the School Board — and coordinating efforts with the City.
B. Update on Comprehensive Plan Amendment Timeline
The City has published in the local newspaper that we will be accepting applications for Comprehensive Plan Map,
or Preferred Land -Use Map, amendments. We will accept applications until November 1, 2006. The public hearing
for Comprehensive Plan Map amendments will be held December 7, 2006.
Chairman Dyer said anyone who is aware of places where the map is out of sync and needs to be adjusted can
make application for a map amendment, including the Commission.
Tabled requests
Building Permit Application Report
Heads Up
Chairman Dyer adjourned the meeting at 10:29 pm.
11
Job No. 07072
3 -20 -2007
T.R.M.
LEGAL DESCRIPTION
FOR
NICK LEISHMAN
(PARCEL NO. 1)
--2a)
Part of Lot 2, Block ,3-T of the Original Rexburg Townsite, in the City of Rexburg,
Madison County, Idaho as per the recorded plat described as follows:
Beginning at the Northeast corner of said Lot 2, Block 39 of the Original Rexburg
Townsite and. running thence S.00 0 13'58 "E. 144.82 feet along the lot line; thence
S.89 °45'00" VG'. 70.50,feet; thence N.00 °13'58 "W. 144.82 feet to the north line of said Lot
2; thence N.89 0 45'00 "E. 70.50 feet along said north line to the point of beginning.
Parcel contains 10209 square feet.
Job No. 07072
3 -20 -2007
T.R.M.
LEGAL DESCRIPTION
FOR
NICK LEISHMAN
(PARCEL NO. 2)
2�1
Part of Lot 2, Block —14-of the Original Rexburg Townsite, in the City of Rexburg,
Madison County, Idaho as per the recorded plat described as follows:
Beginning at a point that is S.00 0 13'58 "E. 144.82 feet along the lot line from the
Northeast corner of said Lot 2, Block 39 of the Original Rexburg Townsite and running
thence S.00 °13'58 "E. 102.69 feet along said lot line to the north line of the property as
described in Instrument No. 327021; thence S.89 °45'00 "W. 82.50 feet along said north
line; thence N.00 0 13'58 "W. 247.50 feet along the east line of the property as described in
Instrument No. 214558 to the north line of said Lot 2; thence N.89 °45'00 "E. 12.00 feet
along said north line; thence S.00 0 13'58 "E. 144.82 feet; thence N.89 °45'00 "E. 70.50 feet
to the point of beginning.
Parcel contains 10209 square feet.
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' Job No. 07072
4 -2 -2007
T.R.M.
REVISED
LEGAL DESCRIPTION
FOR
NICK LEISHMAN
(PARCEL NO. 1)
Part of Lot 2, Block 29 of the Original Rexburg Townsite, in the City of Rexburg,
Madison County, Idaho -as per the recorded plat described as follows: -
Beginning at the Northeast corner of said Lot 2, Block 29 of the Original Rexburg
Townsite and running thence S.00 °13'58 "E. 144.82 feet along the lot line; thence
S.89 0 45'00 "W. 70.50 feet; thence N.00 °13'58 "W. 134.82 feet; thence
N.44 0 46'02 "E. 14.14 feet to the north line of said Lot 2; thence N.89 0 45'00 "E. 60.50
feet along said north line to the point of beginning.
Parcel contains 10160 square feet acid is subject to 'a 10 foot access easement described
as follows:
Beginning at a point that is S. 89 °45'00 "W. 60.50 feet along the - lot line from the
Northeast corner of Lot 2, Block 29 of the Original Rexburg Townsite, in the City of
Rexburg, Madison County, Idaho and running thence S. 00 °13'58 "E. 144.82 feet;
thence S,.89 °45'00 "W. 10.00 feet; thence N.00 ° 13' 58 "W. 134.82 feet; thence
N.44 0 46'02 "E. 14.14 feet to the point of beginning.
Job No. 07072
4 -2 -2007
T.R.M.
REVISED
LEGAL DESCRIPTION
FOR
NICK LEISHMAN
(PARCEL NO. 2)
Part of Lot 2, Block 29 of the Original Rexburg Townsite, in the City of Rexburg,
Madison County, Idaho as per the recorded plat described as follows:
Beginning at a point that is S.00 °13'58 "E. 144.82 feet along the lot line from the
Northeast corner of said Lot 2, Block 29 of the Original Rexburg Townsite and running
thence S.00 °13'58 "E. 102.69 feet along said lot line to the north line of the property as
described in Instrument No. 327021; thence S.89 °45'00 "W. 82.50 feet along said north
line; thence N.00 °13'58 "W. 247.50 feet along the east line of the property as described
in Instrument No. 214558 to the north - line of said Lot 2; thence N.89 0 45'00 "E. 22.00
feet along said north line; thence S.44 °46'02 "W. 14.14 feet; thence S.00 °13'58 "E.
134.82 feet; thence N.89 °45'00 "E. 70.50 feet to the point of beginning.
Parcel contains 10259 square feet and is attached to a 10 foot access easement described
as follows:
Beginning at a point that is S. 89 °45'00 "W. 60.50 feet along the lot line from the
Northeast corner of Lot 2, Block 29 of the Original Rexburg Townsite, in the City of
Rexburg, Madison County, Idaho and running thence S. 00 °13'58 "E. 144.82 feet;
thence S.89 °45'00 "W. 10.00 feet; thence N.00 °13'58 "W. 134.82 feet; thence
N.44 0 46'02 "E. 14.14 feet to the point of beginning.
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