HomeMy WebLinkAboutAPPLICATION - 08 00536 - Hemming Corp - Hemming Corp - 130 & 124 W 1st S, 226 S 1st W - Rezone to Hemming ProZoneOrigination Date:
Completion Date: 11
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DO NOT DESTAOY'
91" LOCAL
STORAGE ❑
STATE
ARCHIVES Rezone Application
CITY OF
City of Rexburg Records Management- City of Rexbtff!g
RE"URG
12 Nkyth Center
Rexburg 113 83440
Phone. 208.359.3M
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lWm* C4mmuWq,
www-MXbUrg-org FcDL 208.3a9- 3022
Note. A pfe-applicafton, conference 4 staff and a NtgEVprE%mwr.V ij a
submittal of this application. Contact Planning & Zoning at 359-3020 x312 for details-
Fee(s) Paid Yes/No Rezone- t + $250_00
for
Current Zone- Mndnra -ens4yResidentail Cross Reference File-
Requested Zone7
W ViI i ! MtT I I I I •
Applicant Hemming Corp Phone: (208) 356-6142
51-tYwrier
❑ Purchaser 0 Lessee
Applicant's Address: 3113 W. 1 000 N. cit y / sT/zip : Rexburg, Idaho 83440
Recorded Owner- _ Lane Hemming Phone: (208) 351-6263
Recorded Owners Address: - I I I I W LMO N —.City/ST/Zip: Rexhijr2 hiabn 91440
Contact Person (If different from above): IS1 / 4 Phone:
Address of Subject Property : - Pcv - +
PdA&U X Z' D al, c " "' - Ll 14112
Property Description (You must attach the Lot, Block & Subdividon name or recorded deed with a. metes and
bounds description)-
pq 1 .. WIT17 M M.
MqVmg Deparfinent must i h ere t sq " parce VMjfiMtiojL
linterrial of rice . .
Pknning and Zoning Coordinator Review (Comptehensive Plan Compliin§
Public Works Department (Serviceable)
Ma (AppEOV21 if proceed)
Administrative Review (Appropriate Fees Paid)
Publication $250.00 Total Fees Due 9
Riezow rem:
Less than I acre: $500.00 Over 10 acres, less than 20 - .$1500.00
Mow than 1 acre, less than 5: $850 20 acres and over $2500.00
.5 to 10 acres: $ Zoning Verification Letter: $40.00
Date ofNatice: Date of Public Hearing.-
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Development Information
1. Size of Property
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Square Feet (or) I I Acres
#,
• • # - , . ,r �uu IMMI ' ra .
3. Hove are the itdjoining p roperties used?
Forth: Residental, Commerical
South: Pro Zone mixed use
.Bast High Density Residential
West Commercial
4- Are there any existing land uses in the general area, sinceilar to the roposed use? If % what are they, and where
are they located? There are no other mixed use projects within close proximity. owever the
subiect area hosts commercial and rest enta _ innI iiii incr mn ti -iinit duAlincre
5- On what street(s) does the proms have frontage`?
1" South
7 What changes have occurred m the area that justifies the requested rezone? Growth of BYU-
Idaho creating a connection to downtown with mixed use concepts
g Will this zone c v im oxr sGhQols? No impact on public schools. Positive
impact of _ RafFo stt ents and vistiors.
10- Are City semces adequate: t serve any f u t ure d ey d opmen t propose Eventually some
=grades will be required for water/sewer capacity and relocation of utilities,
11-
1z
Will .measures be proposed to assure that public facilities and services vnl be added?
Is the site large enough to accommodate the proposed uses, parking, and buffering required?
Yes, b r ased on proposed PRO Zone language.
13- is the area currently sub - divided or going to be sub-divided? Yes currently sub - divided
N ote: When in app has r:. • submitted it wi • ' remewed in order ! determine P• i •. t 3
'a• • ►: i,• 1 :.# :di 'n. •.. I t vir not be processed -.! not • ti hearing date will • ' scheduled or
after an application has been accepted as complete
f ormal ttaffic study will be required for a retail more than 75,0 - Schoo • more ! f
100 studertts, Apartment complex with 50 2p2rtments or more.
Bef ore annexation the p or i. iii `i• # , / f ar annexat vall agree tD certairt things 1 • and g uffr r,
streets, signahng� vater property sizing and location-
Yes
»� #
>1i it - # i i_•_ 1/.` • f
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Additional Submittal. R.egturements:
LJ
The City of Rexburg requires the following information to be submitted to the Planning & Zoning Coordinator f
every application for annexation:
1. Current Vicinity Map. (ll '/`2 x 11 " at 1" = 300' scale, showing location and current tatting of the
property* A map is available from the City Planning and Zoning Office. base indicate the location of your
property an the trap_
La nd Descr Attach a description of the actial 4 fl'. 9d y ou i t o have rezoned or annexed
on - a separate page- All land descriptions must be certified by 2 land surveyor registered in the State of
I daho -
b Descript .l be pr +. the pe of i total ar ea for w hich rezone being
requested� and for each Zone (separate Zoning classification) said request AR zone
descriptions shall. correspond to the perimeter descaption. Descriptions shaR identify a basis of
bearin based upon two .A•A *t points f w i descr are based
�- • • +• s +s + -! +� 4 - "♦ -+ • e- t •+ i `4 4v t - .4• r.� • i +'
! l 4
3_ photographs. Photos of existing site conditions_
A ffidav i t o L z g al Interest No application will be accepted or pr ocess edw it hout f orm -
• 0
Affidmit of Legal Interest
State of Idaho
County of Madison
Lane Hemming
Name
Address
Rexburg Idaho
MY State
Being first duly sworn upon oath depose and say
(If Applicant is also Owner of Record, skip to B)
A. That I am the record owner of the property described on the attached, and I grant my
permission to:
Name Address
to submit the accompanying apphcation pertaining to that property.
B. I agree to indemnify, d an d h R ex b urg C an d As emp h armless from any
claim or liability resulting from any dispute as to the statements contained hum or as to
the ownership of the property which is the subject of the application.
Dated this 7 " — day of _ lft� 44✓ -- ,20 1
Subscribed and sworn to before me the day and ye2rErst
3113 W. 1000 N.
Notary Fable ofMaho
Residing at.
My commission expires:
4
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Hemming Properties - Boundary Description 03— October 7, 2008
Parcel 1: Commencing 165 feet West of the Southeast Corner of Lot 4, Block 40 of the
Original Rexburg Townsite, City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof, said point being the Point of Beginning; and running thence West
108.00 feet; thence North 165.00 feet; thence East 108.00 feet thence South 165.00 feet
to the Point of Beginning.
Parcel 2: Commencing at the Northeast corner of Lot 1, Block 54 of the Original
Rexburg Townsite, City of Rexburg, Madison County, Idaho, as per the recorded plat
thereof, said point being the Point of Beginning; and running thence West 165.00 feet;
thence South 156.75 feet; thence West 148.50 feet; thence South 74.25 feet; thence East
313.50 feet; thence North 231.00 feet to the Point of Beginning.
DESCRIPTION
DATE
SCALE
PLAN
PROFILE
SECTIONS
DETAILS
H FAfrtAIEERING. NL
HEMMING MULTI
PROJECT
REV
HORIZONTAL
25 50 100
R1 \B] R( " IDI;; W
� #I �
REXBURG,
IDAHO
=SION
At
PL
CONDITION
REVISION
VERTICAL
Hemming Rezone - 08 536 Lot 1 Lot 2
(MDR1 & HDR1 to PRO) Lot 3
Lot 4
Parcel 1
W1stS
Lot 2 Lot 1
Lot 2
C 3 N
N r
N Lot 3 Lot 4 y Lot 3
Lot 1
W 2nd S
Parcel 2
Lot 1 Lot 1 Lot 2
Lot 2 Lot 2 Lot 3
Findings of Fact
City of Rexburg
12 North Center. Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
F gEXBU&
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CITY OF
REX
C
America's family Community
Hemming Corp
130 and 124 W. 1" S., 226 S. 1St W.
Rezone
1. On November 3, 2008, Richie Webb of Hemming Properties presented to the City of
Rexburg Planning & Zoning Coordinator a request and application for a zone change for the
properties located at 130 and 124 W. 1" S (MDR1 to Hemming PRO -Zone) and 226 S. 1"
W.(HDR1 to Hemming PRO - Zone).
2. On November 3, 2008, the City Clerk sent the Notice of Public Hearing to be published in
the local newspaper for November 5, 2008 and November 15, 2008. A notice was posted
on the property and sent to all property owners within 300 feet of the above mentioned
property.
3. On November 20, 2008, Richie Webb presented to the Planning & Zoning Commission for
the City of Rexburg the Request for a Rezone for the properties specified above.
Josh Garner motioned to recommend approval to City Council of a Rezone for 130 West
1" South from MDR1(Medium Density Residential 1) to the Hemming PRO Zone
(Hemming Project Redevelopment Option) , and 226 South 1S West from HDR1 (High
Density Residential 1) to Hemming PRO Zone, to include the condition recommended by
Staff stating that "All conditions of approval that were applied to the original approval of the
Hemming PRO Zone shall apply to this proposal', and the condition to uphold the
Conditions of approval stated for the church parking lot conditional use permit that was
previously approved for Hemming ( #08 00423 Planning & Zoning meeting), and to
include clarification of design standards for the Hemming PRO Zone. Charles Andersen
seconded the motion. None opposed. Motion carried.
4. On December 03, 2008 Planning and Zoning Administrator Leikness reviewed the
proposal on the overhead screen. They are proposing to extend the Hemming ProZone to
three additional properties for a total of 12.5 acres. The new properties would be subject to
all the Hemming ProZone conditions. Council Member Mann asked why Planning and
Zoning Administrator Leikness did not recommend approval based on the 50% completion
rule. He wanted the ProZone to grow systematically from one phase nearing completion to
the next new phase.
Richie Webb at 680 Cleveland Drive reviewed the progress of the Hemming ProZone on
the overhead screen. They have a building in the He ProZone under construction for
completion next year. The full build out of the Hemming ProZone would require some
underground parking. They plan to keep the City Council informed of the progress of the
development as it moves forward. Planning and Zoning Administrator Leikness plugged the
r a
Design Review Committee for suggesting building design improvements to one of the
buildings.
Council Member Erickson requested the applicant to combine all future requests for the
development into one application to save expenses.
Council Member Mann asked about Breckinridge Apartments being in the Hemming
ProZone development. What is the advantage? Mr. Webb said it would give flexibility for
future developments.
Council Member Erickson moved to approve the rezone request from (MDR1) Medium
Density Residential and (HDR1) High Density Residential to (PRO) Project Redevelopment
Option per staff analysis and conditions of Planning and Zoning; Council Member
Schwendiman seconded the motion; Discussion: Council Member Mann asked to restrict
ProZone development down 2 ° West; Council Member Stout concurred. Roll call vote:
Those voting aye
Council Member Mann
Those voting nay
Council Member Stout
Council Member Schwendiman
Council Member Stevens
Council Member Erickson
The motion carried.
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Planning & Zoning
Commission of the City of Rexburg, Idaho, Thursday, November 20, 2008, at 7:15 p.m., in the City
Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a zone
change from Medium Density Residential One (MDR1) and High Density Residential (HDR1) to
Project Redevelopment Option (PRO). The permit number is 08 00536 recorded in the city files.
The city code governing this request is ORDINANCE No. 926
"DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO"
(ADOPTED FEBRUARY 16th, 2005) and subsequent amendments.
The said parcels are located at 130 W. 1st S.; 124 W. 1st S. and 226 South 1St W. in Rexburg, Madison
County, Idaho, and more particularly described as follows: Hemming Corp — Rezone
130 W. 1 st S. and 124 W. 1 st S.
Parcel 1: Commencing 165 feet West of the Southeast Corner of Lot 4, Block 40 of the Original
Rexburg Townsite, City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, said
point being the Point of Beginning: and running thence West 108.00 feet: thence North 165.00 feet;
thence East 108.00 feet thence South 165.00 feet to the Point of beginning.
226 S. 1 st W.
Parcel 2: Commencing at the Northeast comer of Lot 1, Block 54 of the Original Rexburg
Townsite, City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, said point
being the Point of Beginning: and running thence West 165.00 feet; thence South 156.75 feet;
thence West 148.50 feet; thence South 74.25 feet; thence East 313.50 feet; thence North 231.00 feet
to the Point of Beginning.
At such hearing the Planning & Zoning Commission will hear all persons and all objections and
recommendations relative to such proposed permit. The City Clerk will also accept written
comments at City Hall prior to 4:00 p.m. on November 19th, 2008.
This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and all
amendments thereof. DATED this 3rd day of November, 2008.
CITY OF REXBURG
OF v' \•
By
Blair D. Kay, City Clem
November 5th, 2008
November 15th, 2008
Findings of Fact
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fox: 208.359.3022
` ;oY 4EXB(1RG �7
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CITY OF
_.-- ___ _ -__ _-- . -------------- -- - ----- -
REX
Americas Family Community
PRO (Project Redevelopment Option) Zone
Hemming Properties
On March 11, 2008, Richie Webb, representing Hemming Properties, presented to the City
of Rexburg Planning & Zoning Coordinator a request and application for a zone change for
the property located on City Block 47 which is located between 1" South and 2nd South
directly east of Porter Park, and for parcels on Blocks 40 and 54 located on both sides of 1"
South and 2 nd South between 1" West and 2nd West, for a zone change from Community
Business Center (CBC), High Density Residential One (HDR1), and Medium Density
Residential One (MDR1), to Project Redevelopment Option (PRO- Zone).
2. On March 14, 2008, the City Clerk sent the Notice of Public Hearing to be published in the
local newspaper for March 18, 2008 and March 29, 2008. A notice was posted on the
property and sent to all property owners within 300 feet of the above mentioned property.
3. On April 3, 2008, Richie Webb presented to the Planning & Zoning Commission for the
City of Rexburg the Request for a PRO Zone for said property from Community Business
Center (CBC), High Density Residential One (HDR1), and Medium Density Residential One
(MDR1), to Project Redevelopment Option (PRO- Zone).
Thaine Robinson motioned to recommend to City Council the approval of the Hemming
PRO Zone, Phase 1, for the Hemming Properties, including the Planning Staff's Proposed
conditions of approval, with changes to:
#11 - page 6, for building heights to increase —for residential buildings to not exceed 40 feet
and building heights for commercial /mixed use buildings to not exceed 52 feet, and
#12b — for buildings /structures not to exceed a 30,000 square -foot foot - print, and that the
parking issues and parking garage access will be determined by the City engineers. In
addition, short term and long term parking standards need to be included and should be
proposed, working with planning staff, to the City Council. Dan Hanna seconded the
motion. Thaine Robinson amended his motion to include directing the Hemming Project
developers to delineate Phase 1 of the PRO Zone, as understood by the Commission, for
presentation to the City Council. Dan Hanna seconded.
None opposed. Motion Carried.
4. On May 07` 2008 City Council held a Public Hearing on the PRO -Zone application.
Public Hearings
7:20 P.M. - PRO -Zone (Project Redevelopment Option) — Hemming Properties
Richie Webb at 133 South 2 nd West representing Hemming Properties reviewed the
proposal to develop their project under the umbrella of a PRO -Zone. The principals in the
project are Richie Webb, Val Hemming, Lane Hemming, and Reginald Richie. They
presented some new and improved PRO -Zone language they have developed to address the
concerns of the Planning and Zoning Commission. The city staff recommended the PRO -
Zone for our development; given the mixed use nature of the project. They have been busy
working through the language of the PRO -Zone to incorporate the recommendations of the
city staff He reviewed the scope of the project on the overhead screen. Reginald Richie is
the architect for the project. Planning and Zoning approved the language in the PRO -Zone
with a unanimous vote. Since the Planning and Zoning approval, they have modified the
PRO -Zone language to incorporate the recommendations of the Planning and Zoning
Commission including the comments, suggestions, and recommendations of the city staff.
Therefore, the copy of the PRO -Zone language before the City Council tonight is the
recommended new and improved version. Mr. Webb pointed out some specific items in the
PRO -Zone language highlighted in this project. He wanted to review the following items
during the presentation.
1. Comprehensive Plan approval process for this development
2. Boundaries for the PRO -Zone
Mr. Webb noted adjoining property on 1st South including Breckenridge Apartments on 2nd
South have been purchased by Hemming Properties since their application was filed with the
city. They will file a future request to include these two properties in the Comprehensive
Plan Amendment for this development.
Council Member Erickson clarified the ownership of the property on the corner of 1"
South and 1st West belonging to Hart Investments. Mr. Webb indicated Hemming
Properties own all of the Properties on 1" South running between 1st West and 2n West
excluding Hart Investments. They are in discussions with the church to exchange property
for the church parking lot on 1st South from the south side of the street to the north side of
1s South. D&.L property on the corner of 2n West and 2n South is not part of the project;
however, Hemming Properties are in ongoing discussions with them. The Real Estate
Office adjoining D &L Cleaners in the same building is part of the Hemming Properties
PRO -Zone proposal.
Mayor Larsen indicated the hearing tonight is to review for approval the proposed PRO -
Zone application for the Hemming project. City Attorney Zollinger agreed the PRO -Zone
is an option available to developers for requesting specific features in a proposed
development. Mr. Webb clarified their intention to develop the entire PRO -Zone area over
time; however, Planning and Zoning has requested a plan to develop the PRO -Zone area in
phases allowing the Planning Commission and the City Council to weigh in on the
development as it develops. He reviewed the buildings and plans for development in three
phases. The first phase of the project would be a building constructed along 2n South
containing retail on the first level and office space on the second and third levels. The
second building would be constructed on the south side of 2n South containing retail on the
first level and loft type apartment units above the first level on the 2n and 3` levels. The
third building in phase one will be a lodge, hotel and conference space. Future development
plans in the PRO -Zone will come before the governing bodies as they move beyond phase
one.
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Mr. Webb noted one building would have approximately 14,000 square feet of retail space
and 20,000 square feet of office space on the 2 and 3` floors. The second building will
have approximately 30,000 square feet of retail space on the first level and 24,000 square feet
of living space (21 condo type units) on the 2 nd and 3` levels. The hotel lodge will be about
40,000 square feet comprised of available conference space (occupancy for 200 to 250
people) including 55 to 60 rooms.
Reginald Richie graduated from architectural school in 1966 and did his architectural work
in Philadelphia. He indicated they have been working on this project for about two years.
They plan to start construction in about a month. The architecture will be reminiscent of
the architecture Rexburg formerly knew with the good old architecture of Ricks College.
The shape of the older roofs, past efforts done, and materials used will be part of this
project. The materials will be native materials to Idaho like Idaho travertine. The steep
pitched, unpainted metal sloped roofs with dormer windows reminiscent of Ricks College
will change into some very nice soft tones as they weather naturally. Their desire is to build
adaptable "Leeds or silver status" buildings that are reusable models. Leeds is "Leadership
in energy and environmental design" which is building buildings that are leading in energy
and environmental design.
NOTE: From Wikipedia, the free encyclopedia
The move towards LEED and green building practices has been driven greatly by the tremendous benefits
which are a direct result of implementing agreen approach. Green buildings use key resources more fedently
when compared to conventional buildings mhich are simply built to code. LEED creates healthier work and
living environments, contributes to higher productivity and improved employee health and comfort.
Mr. Richie indicated the type of construction for Hemming Properties would be "Leeds"
buildings that will last 100 years. They want these buildings to be a model to follow for
Rexburg development. They are moving away from building designs that are torn down in
3 -5 years because they are not flexible and sustainable, so they can't be reused. The new
buildings will be constructed of concrete and steel. They have worked very hard to keep the
building's shadows out of other buildings. Their development is planned with a lot of open
space. They hope to keep the apple orchard in the back of the old Hemming property.
They want open space for people to assemble for summer events. The rest of the property
will be built in a real flexible and sustainable way. Their buildings will be open and accessible
with ground source heating where possible.
The first building to the south will have large open dormers allowing natural light with solar
heat. On the third floor open balconies will allow natural ventilation with minimal air
conditioning. In the winter time the building will capture the sun to assist in heating the
building. The insulation standards are very high for a tight building. The indigenous trees
will give shade in the summer and allow the sun to come in the windows in the winter. The
2nd South Street will be very lively retail street with a 20 feet concourse in front of the
buildings. The traffic will have reverse diagonal parking and the pedestrian traffic will have
easy access to cross the street.
They hope the development will be an adjunct (appendage) to serve as a bridge from BYU-
Idaho to Rexburg's downtown Main Street. The parking will allow safe access to the
building. When this building is completed they will start work o:i the hotel on the south side
of 2 South. In the long range by infilling, the women's and men's housing will be
converted to high quality low density downtown residential housing. It will be designed for
family housing, instead of student housing. The development will be pedestrian friendly
with ice free sidewalks heated by an underground thermal heat source.
Mr. Webb continued to explain the proposal by referring to the information packet.
Council Member Erickson reviewed the entire PRO -Zone area and asked if the plan was
to seek approval for the entire area or just Phase 1. Mr. Webb explained Planning and
Zoning recommended moving forward with the project in phases. The first phase consists
of three buildings on both sides of 2nd South.
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Phase One
1. Retail and Office space — 14,000 square feet of retail space and 20,000 square feet of
office space on the 2 and 3` floors. (Parking available behind the building and on the
street excluding the hours needed for plowing snow)
2. The second building will have approximately 30,000 square feet of retail space on
the first level and 24,000 square feet of living space (21 condo type units) on the 2nd and
3` levels.
3. The hotel lodge will be about 40,000 square feet comprised of available conference
space (occupancy for 200 to 250 people) including 55 to 60 rooms. (Parking below
ground or parking structured above ground). They are committed to comply with the
parking code ratios.
They initially asked for a reduction in the parking ratios for mixed use (general
merchandise) buildings. The parking code for general merchandise buildings is four
parking spaces per 1,000 square feet of floor space and they petitioned the City to reduce
the general merchandise requirement to 2.5 parking stalls per 1,000 square feet of floor
space. Mr. Webb indicated they have decided to honor all of the parking code
requirements for the City. The parking requirement will be
satisfied with "onsite parking" and "on street parking."
City Parking Regulation..
1. Single family dwellings (LDR) 2.0 spaces per unit
2. Multi family dwellings (MDR) 2.0 spaces per unit
3. High Density Residential (HDR) & HDR2)
bedroom 1.5s aces per unit
2 bedroom 2.0 spaces per unit
3 bedroom 2.5s aces per unit
4. Student housing I space per student
5. Multi family dwellings for the elderly 0.7 spaces per unit
6. Nursing homes 0.25 per bed
7. Motels and hotels (transient lodging) 1.00 per sleeping room
Mayor Larsen asked how the winter parking regulations (November to March) would
affect this proposal. They do not plan to use the streets in the evening, so the streets can
be cleaned in the winter. They plan to contribute to the snow removal process with the
City.
Council Member Stout asked if they are planning to preserve the student parking. Mr.
Webb said "That is correct." They plan to have parking behind the building on the
south side of 2n South.
Council Member Erickson was concerned with the on street parking near the
University. Mr. Webb reiterated overnight parking would not be utilized on the street.
Council Member Stevens asked about hydraulic heat. Mr. Webb clarified they will
have heated concrete on the sidewalks not on the streets.
0
Mr. Webb referred to Planning and Zoning's detailed discussions of the conditions.
The PRO -Zone application has been modified to comply with the Planning and Zoning
Commissions recommendations. They intend to vary the buildings to meet the required
design standards.
The following items were conditions for approval in the Planning and Zoning minutes
from April 03, 2008.
7. Building heights - residential buildings 40 feet maximum
2. Building heights - commemall mixed use buildings 52 feet maximum
3. Buildingsl structures not to exceed a 30,000 square feet
4. Parking issues and parking garage access n411 be determined by City engineers
5. Short term and long term parking standards proposal submitted to planning staff and City
Council
6. Delineate Phase I of the PRO Zone, as understood by the Commission, for to the
City Council
Gary Leikness wished for clarification, for the record, asking the Commission if it was correct that
they had approved only Phase 1 of the Hemming PRO Zone. Chairman Stein stated that was
correct.
Reginald Richie indicated the first building is a thin box of 55 feet with architectural
design. The building will be divided into thirds for pedestrian traffic. The building has a
lot of liveliness and architectural design. All of the buildings will be constructed out of
heavy structural steel columns. The windows are triple glazed in some cases and some
windows will open. There will be balconies and some of the siding will be fir wood.
Council Member Woodland explored the breezeways between the building sections
for pedestrian traffic.
Mayor Larsen asked about the apartments exiting onto 2 nd West.
PRO -Zone document item 19 page 7: Vehicles entering onto 2 nd West from the
development will be right turn exits.
Mayor Larsen thanked Mr. Webb and Mr. Richie for the presentation and working with
the City staff.
Council Member Erickson asked Thaine Roberson representing the Planning and
Zoning Commission for any comments. Thaine Roberson referred to the 72 to 74
conditions laid down by Planning and Zoning and Staff. Of those conditions, only three
conditions were an issue.
1. Roof heights (Since the buildings were set back away from the street it would be
similar to a Main Street appearance).
2. Building size (it is not one big box. It is several stores inside the building). The
project is above and beyond the Planning and Zoning minim standards. Only 95% of
commercial buildings in Rexburg meet minim standards.
7
3. Architectural design — Thaine complimented Hemming Properties for exceeding the
planning standards.
Council Member Stevens asked if the PRO -Zone was requested for the entire project.
Reginald Richie said it was their understanding the entire PRO -Zone was up for
consideration; however, they would come back to the Planning and Zoning Commission
and City Council to get each phase approved within 48 months, otherwise, they would
have to reapply.
Mayor Larsen opened the public hearing.
Those in favor:
Reginald Richie, Richie Webb, Lane Hemming and Val Hemming (the applicants) are
in favor of this proposal.
Ted Whyte at 369 Eagle Court spoke in favor of the proposal. It is hard to implant this
design in the downtown setting next to BYU- Idaho. It is always nice to have a downtown
base with parking. He referred to fixture developments in the downtown like the junior
High property. This will help invigorate the downtown.
Dave Pincock a businessman in Rexburg spoke in favor of the project. He said it is a good
mix of retail and housing and will enhance the downtown area for Rexburg. It makes a lot
of sense to approve this project.
Clair Boyle representing the Economic Development Company explained development is
hard to do. The Hemmings have gone above and beyond the expectations on this project.
He asked the City Council to approve the project.
Christopher Cornelius at 421 East 3` South spoke as a businessman. He said it has been
refreshing to see this type of project in Rexburg. He is strongly in favor of the project.
Robert Fothier at 398 Eagle Summit works as the managing director of East Idaho
Entrepreneur Center. He explained they are very impressed with this project. He highly
recommends the project for approval. He is impressed with what it would do for Rexburg's
downtown area.
Richard Smith speaking as a developer said he is very impressed and commended the
Hemming family on their hard work. They have gone far beyond the Pro -zone designation
on what is required and have set a high standard for future Pro -zone requests. It is a good
project for Rexburg and encouraged the City Council to approve this project.
Those Neutral to the proposal: None
Those opposed to the proposal: None
Mayor Larsen closed the public hearing.
Council Member Erickson said the Planning Commission has spent countless hours on
this PRO -Zone. He commended both the City Staff and the Hemming family for a great
job. He said this will work well for Rexburg.
Council Member Mann asked how much distance is between the first two buildings that
will face each other in phase one. Mr. Richie explained they are a long way apart. The
drawing depicts the shadow as of the 21" of December. The shadow does not come close to
10
reaching the second building. They are hundreds of feet between the two buildings. Mr.
Richie further explained he used to do architecture in Philadelphia which has narrow streets;
however, the sloping roofs, etc. will allow the sun to come in to the area between the
buildings. There will not be a tunnel effect on this road caused by the buildings.
Mayor Larsen asked if the building height is written into the development code as it has
been presented tonight. Mr. Richie explained the development code shows the building
heights allowed at four stories or 52 feet high.
Council Member Schwendiman asked if the right turn only onto 2 nd West is written into
the development code. It is not written as part of the development code. Mayor Larsen said
this could be part of the motion. Council Member Erickson asked if this is addressed with
the zoning or if this is something to be addressed when the development agreement is done.
City Attorney Zollinger said he would feel very uncomfortable if other conditions were put
into the motion for the zoning of this development. The zone is to establish what types of
uses are going to be allowed. He suggested giving the direction to the building department
to make sure when they are working on the development agreement for the approval of the
buildings that it include the right turn only stipulation. He does not recommend making this
part of the zoning approval.
Council Member Erickson moved to approve the entire PRO -Zone area with the
understanding they would come back to the Planning and Zoning Commission and City
Council to get each phase approved. It is also contingent upon compliance with conditions
as outlined by Planning and Zoning. Council Member Schwendiman seconded the motion.
All voted aye, none opposed. The motion carried.
11
Planning & Zoning Minutes
April 3, 2008
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
(91
C I T Y O F
REXBURG
1-vm "" Iumd., r:amin:miq^
Commissioners Attending
Winston Dyer — Chairman
Charles Andersen
Mary Haley Thaine Robinson
Dan Hanna Mike Ricks
David Stein Randall Porter
City Staff and Others
Rex Erickson — City Council Liaison
Gary Leikness — Planning Administrator
Stephen Zollinger — City Attorney
Elaine McFerrin - Secretary
Chairman Dyer was going to be late. David Stein acted as chairman and opened the meeting at
6:35pm.
Roll Call of Planning and Zoning Commissioners:
Mary Haley, Charles Anderson, Mike Ricks, David Stein, Thaine Robinson, Randall Porter.
Mary Ann Mounts and Ted Hill were excused.
Minutes
1. Planning and Zoning meeting— March 6, 2008
Mike Ricks motioned to approve the Planning & Zoning minutes for March 6, 2008. Mary
Haley seconded the motion.
Randall Porter abstained for not having been present.
None opposed. Motion carried.
Agenda Items Carried Over from March 20` P &Z Meeting_
1. Final Plat — Willow Brook Estates, Division 4
Kirby Forbush, 3800 W. 1000 N. Rexburg. He is the developer of this plat. He explained that the
Preliminary Plat for Willow Brook Estates was presented to the City in 2001 for divisions 2, 3, 4,
and 5. They have built the subdivision a phase at a time over the last four years. Tonight they are
here to finish the last phase. He explained the location and pointed to the plat on the overhead
screen. In looking at the lots, there is some discrepancy in lot size that the City pointed out to him.
Their sizes are not shown correctly; the lots need to be a least a half acre. He said they will be the
proper size. They are here tonight to get final approval on the plat, along with any changes that are
recommended.
Dan Hanna arrived at 6:38pm.
Dan Hanna commented about setbacks and hoped any problems would be addressed.
Mike Ricks was concerned with lot size.
Kirby Forbush said the lots would be of the proper size. He pointed out the 30 foot easement on
Weeping Willow Circle, which provides the City with a right -of way for the sewer line that is there.
Dan Hanna asked if the lot size is inclusive of that right — of way. Kirby Forbush answered that it
was .
Mary Haley asked about a stub road. Mr.Forbush said it was located at the north end of the
development.
Thaine Robinson mentioned the ditch running north and south on the far right of the subdivision.
Mr. Forbush said that in their adjustments to this final plat, that ditch would probably be removed.
Gary Leikness said the lot sizes do need to be corrected to the proper size. He said that the City
Engineer had suggested that there are unresolved issues with the subdivision as a whole, he would
suggest making a condition that any unresolved issues pertaining to City Engineering be taken care
of before the signing of the final plat.
Dan Hanna motioned to recommend to City Council approval of the Willow Brook Estates
Division 4 Final Plat, subject to lot size corrections and all other staff review concerns. Charles
Andersen seconded the motion.
Those in favor: Those opposed:
Charles Andersen Mary Haley
Mike Ricks
David Stein
Randall Porter
Thaine Robinson
Dan Hanna
Motion carried.
2. Preliminary Plat — Hartland Condominiums
David Waters_ 565 Pioneer Rd. #14, Rexburg, representing the applicant, Blue Ox Development,
spoke, regarding its request for this preliminary plat that is an apartment to condominium
conversion. The apartments consist of 66 units split between 5 four - plexes and 1 six -plex. He
pointed out the proposed condominium development on the overhead screen, clarifying it from the
Sainsbury Rock Creek Hollow property that falls between Blue Ox's 2 parcels. Their intentions are,
upon final plat approval, to sell each unit individually.
Chairman Stein asked for questions or comments.
OA
Trevor Einerson 1105 Coyote Willow Way, Rexburg, spoke, stating he was neither for nor against
the development. He is a developer who does similar types of development. His concerns are with
the parking of this proposed development; he feels it does not currently meet the requirements. He
was told that the requirements call for two parking stalls per apartment, condominium, or
townhome, plus visitor and handicapped parking. This proposed preliminary plat falls short of this
number, and there is no visitor parking. As a developer, he is concerned that a new development or
an existing development that is being platted for a new use, maintain proper standards, including
parking and any other necessary requirements that are part of the platting process.
David Waters said Blue Ox Development is aware of these concerns being part of the Ordinance.
They feel their situation is different, as the development is already built; there is only so much that
can be done. He said there is not a use change as much as there is an ownership change — to the
individual. He does feel that Trevor Einerson's concerns are accurate. He stated that because the
development already exists, he hoped there might be a chance to avoid the extra parking space that
is called for.
Gary Leikness stated this is an existing apartment complex that wants to convert to condominiums.
Concerns, such as lack of a storage building, or lack of storage areas for boats, RVs, etc. may be
addressed in the Covenants, Conditions, and Restrictions (CC &Rs). He recommended some
conditions be included if this proposed Preliminary Plat is recommended for approval.
Mary Haley said the proposed plat is short 22 parking spaces.
Thaine Robinson said as presented the proposed development shows almost "boneyard" parking,
just solid concrete. He feels there needs to be a breakup using landscaping.
Gary Leikness said the proposal is still for single - family use, but perhaps of a different income
bracket. There may be potential ownership of boats and RVs, which should be addressed. He
recommended 4 conditions required for approval, including landscaping, review of CC &Rs, curb/
gutter /sidewalk installation along Pioneer, and internal pedestrian walkways that should be
provided to connect the sidewalks along Pioneer. An inspection should be done prior to signing of
the final plat.
Mary Haley asked, if they approve the plat with these conditions and these conditions later cannot
be met, what would happen? Gary Leikness stated he could not sign the final plat to be recorded.
Randall Porter stated this project is an issue of fairness, because a brand new condominium project
would have to hold to all requirements of the Ordinance.
The question of no building sprinklers being present in the units was brought up by Randall Porter.
David Waters said there are no building sprinklers, but there will be. He also said the renters have
the choice of staying in the units; any installation and construction would be done gradually and with
tact.
Chairman Stein asked about green space. David Waters said that at present there is not a lot of
grass.
Mary Haley asked about this developer's parking in relation to the Sainsbury property nearby it.
David Waters clarified by pointing out Hartland Condominiums' property on the overhead screen.
He compared it to the Sainsbury project's parking, saying that he lived there and that 2 parking
spaces are provided when a unit is purchased. He hoped that the Commission would take this
parking space amount into consideration in the decision for the Hartland plat before them tonight.
He said they also felt that primarily college students would be purchasing the units and most likely
would not have RVs or boats that would require storage area. Curb/ gutter on Pioneer is not
installed. He asked the Commission to consider them not having to install the sidewalk because of
cost involved.
Mike Ricks said this preliminary plat proposal is a new use; he feels strongly that the applicant must
meet all standards of the ordinance, including installation of sprinklers prior to occupancy.
Stephen Zollinger said that in general Mike Ricks was correct in his belief that a sprinkler system is
required.
Mike Ricks added that this proposed development also lacks the parking space requirements. He
feels that the plat request should be denied.
Randall Porter asked Gary Leikness to clarify the sidewalk requirement. Gary Leikness said he had
conferred with the City engineer and that sidewalks do need to go in. It now is an urban area with
high density and with the potential for high foot traffic, which calls for these to be installed.
The Commissioners discussed the issue.
Thaine Robinson said he was not comfortable with the approving of this plat
Mary Haley felt there were many things lacking in this proposed project.
Mike Ricks motioned to deny the Hartland Condominiums Preliminary Plat due to space issues,
shortage of parking stalls (for condominiums the requirement is an additional 1 space for every 3
units- information in parentheses added for clarification), no required building sprinklers, and all
other ordinance requirements it is lacking. Mary Haley seconded the motion.
Stephen Zollinger clarified that the Planning &Zoning Commission would be formally denying
(rather than recommending for denial to City Council) this request, and the applicant could then
appeal this decision or resubmit the application.
None opposed. Dan Hanna abstained.
Motion carried.
4
Public Hearings:
7:05 – PRO Zone (Project Redevelopment Option) – Hemming Properties
Chairman Stein explained that the Project Redevelopment Option zone is a zone specific to that
particular area of the city.
Richie Webb , 133 S. 2„d W, Rexburg, represented Hemming Properties. Tonight he wanted to
share their perspective and their vision for this project and address any issues. He believes they have
fulfilled all requirements, including holding a neighborhood meeting and publishing notices in the
paper about their proposed development. He called on Reginald Richey, the project's architect, to
walk the Commission through the project.
Reginald Richey Lincoln, New Mexico, projected the Hemming PRO Zone on the screen for the
m
Comission and reviewed the proposed project. He pointed out the area they plan to develop for
the first phase of the project – surrounding 2 South. There would be offices, retail, and women's
housing. There will be angled parking on both sides of the street. There would be a similar situation
on 1 51 South. A large underground garage (200 cars) with an enclosed ramp to enter it will serve
mainly the conference and hotel patrons. The area around it would be highly landscaped, with a
large green open space, with the 3 historic Hemming Properties being a main focus.
Richie Webb distributed a handout to show some of the interior spaces of the project. The
Hemming Properties representatives feel the approval of the project a phase at a time, as stated in
the Community Development - Planning Staff Report, is fine. He addressed some of their concerns
with Proposed Conditions of Approval in the Planning Staff Report. With the miscellaneous
business services listed (p.5 -6, number 7 in the report), they feel they would provide a good (20% of
store frontage) mix . On page 6, number 11, building heights is a concern. They are asking for some
flexibility to design appropriately for the project. They would like to extend the residential limit of
30 feet to 40 feet. They would also like to extend the commercial buildings height from 45 feet to 52
feet. On page 6, number 12, under Permissible Lot Coverage, they would like to extend the building
size limit from 20,000 square feet to 30,000 square feet. They do want to avoid the big box image, so
each store would have a different front to break it up. Page 6 -7, number 17- they are in parking
space compliance. Addressing their final issue, page 7, number 19 — their intent is to have vehicles
go into and out of the underground garage on 2 West, with a right turn only when exiting; they feel
that this would be more efficient for traffic flow, because at times the conference center may have
up to 200 attendees for a meeting.
Mike Ricks asked the distance of the garage's entrance /exit from the cross street and was told it is
about 125 -130 feet.
Reg Richey said the garage is not a dungeon – it is a very nice garage; it will be well- lighted with wide
lanes and will be basically column -free.
Randall Porter asked for clarification on how guests would enter the hotel grounds to register; Re
Richey pointed to the overhead screen to show the routes they could take.
5
Richie Webb wanted the Commission to understand that they have some changes to make as far as
the language in their development proposal and will work diligently to do so in preparation for the
City Council meeting.
Randall Porter asked for clarification of #7 (Page 5) of Gary Leikness' proposed conditions,
regarding eliminating retail trade as a permitted use. As per his earlier discussion with Gary Leikness,
Richie Webb stated that on the following page (Page 6 number 8B), retail trade is listed as a
permitted use, to be used as part of a Mixed -use building.
Chairman Stein asked for Gary Leikness' input.
Gary Leikness briefly reviewed his staff report. The first part of the report deals with the criteria
needed for a zone change, in this case a PRO Zone. Staff recommends the proposal be approved in
a phased approach so that it progresses carefully, as this is a new zone for the City and may have
unintended consequences. The first phase would show how the mixed use really works, and from
there the development would be expanded strategically. The proposal is for a mixed use area
intended to be where people can live, work, and play. Mr. Leikness stated that this rezone request is
in conformance with the City's Comprehensive Plan. His recommendations and proposed
conditions of approval were noted. He asked the Commission to consider the questions of health,
safety, traffic flow, and the potential for nuisances of the development. He feels the Hemming
representatives are striving to enhance the property and neighborhood in which the project is
located. Mr. Leikness said he had written 73 "Proposed Conditions for Approval," some of which
are substantive and many are non - substantive (i.e. for clarifications or to eliminate redundancy). In
regard to building heights, he recommended that the way the current City building height limitations
be observed by this development, and that a discussion and /or hearing regarding something as
significant as building heights should involve more community members. All conditions of approval
had been discussed with the applicant.
The Commissioners discussed the conditions and their concerns. Gary Leikness said he feels as a
planner that the area is a prime spot for a mixed use project such as this one, which will likely create
a vibrant part of the community. As a planner he is in support of this type of development.
Chairman Stein opened the portion of the meeting for public input.
In Favor
Johnny Watson, 1152 Bond Ave, Rexburg — He is a city business person and long time member of
this community. He commended the Hemmings and their team on their vision; he also
complimented the City staff and the Commission's willingness to embrace such a possibility of
growth for this city. He feels this development proposal is a great step in forwarding the process of
the revitalization issue. Mr. Watson asked the Commission to seriously consider the building heights
standards in this community; he has been told that the height standards are in relation to fire-
fighting equipment and life safety. He requested that some dialog begin with the City on how the
building heights standards can be expanded. He mentioned that his interest in building heights is
partly because as designer of the new high school, they will need to increase building heights to
accommodate the building. In his opinion, building heights for the PRO Zone could be increased.
He concluded by stating that he is definitely in favor of this Hemming Project development.
6
Trever Einerson, 1105 Coyote Willow Way, Rexburg — He stated that he is completely in favor of
the Hemming PRO Zone. He said it will be a beautiful addition to a beautiful city.
Neutral
Diana -J anson, 153 S. 1 W., Rexburg — She said that the public hearing notification letter is the first
she has heard about the proposed development. She stated her only concern was the proposed
narrowing of the street that goes from the BYU -Idaho campus to the park. She was worried about
bicycle traffic on that street. She stated she was neutral on the project .
Reg Richey said their proposed 15 foot traffic lanes are wider than the normal 11 foot lane. The
bicycle lanes would be incorporated into this street to be a part of the normal flow of the traffic.
They are hoping that this will slow the traffic down. They have a definite desire to encourage bicycle
traffic and pedestrian safety.
Opposed: None
Wri tten Int)ut: None
Chairman Stein closed the public input portion
The Commissioners discussed their concerns.
Dan Hanna stated he was concerned with # 11 of the proposed conditions, the issue of building
height..
Randall Porter mentioned traffic flow on 2 nd West, #19. He said he realizes that in the future there
may be issues of getting in /out as Rexburg grows. As proposed, he said it appears there will be
plenty of width there.
Mike Ricks said he thought that traffic flow will be safer than it currently is with private home
residents pulling out in the street, because these homes will no longer be there. The traffic light will
help. He also commented that the parking garage is a great idea and that he would support their
request for increased building height for this particular PRO Zone.
Winston Dyer arrived at 8:37 pm.
The Commissioners continued to deliberate
Thaine Robinson motioned to recommend to City Council the approval of the Hemming PRO
Zone, Phase 1, for the Hemming Properties, including the Planning staff's proposed conditions of
approval, with changes to:
#11 page 6, for building heights to increase - for residential buildings to not exceed 40 feet and
building heights for commercial /mixed use buildings to not exceed 52 feet, and
#12b — for buildings/ structures not to exceed a 30,000 square -foot foot- print, and
that the parking issues and parking garage access will be determined by the City engineers. In
addition, short term and long term parking standards need to be included and should be proposed,
working with planning staff, to the Council. Dan Hanna seconded the motion. Thaine Robinson
7
Piz-
1 I 3 Zo S�
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amended his motion to include directing the Hemming Project developers to delineate Phase 1 of
the PRO Zone, as understood by the Commission, for presentation to the City Council. Dan
Hanna seconded.
None opposed. Motion carried.
Gary Leikness wished for clarification, for the record, asking the Commission if it was correct that
they had a pproved only Phase 1 of the Hemming PRO Zon e. Chairman Stein stated that was
correct.
Proposed Conditions of Approval
AS AMENDED TO INCLUDE P &Z'S RECOMENDATIONS
Substantive
1. The rezoning proposal should be limited to an area labeled as "phase 1" of a
multi - phased approach. This phase 1 should be determined by the Commission
working with the applicant. A phased approach would allow the developer to
proceed with a limited area of development as well as allow the City to find out if
there are any unintended consequences to this Hemming PRO zone category. The
area for a phase 1 should be limited to the southwest area of the proposal,
specifically to the areas of mixed -use development on both sides of W 2nd South,
and the proposed Hotel/Lodge area.
2. As the developer and the City are prepared, the applicant can come forward with
an additional to be rezoned to the Hemming PRO zone. The Hemming PRO Zone
is allowed to be extended as long as it is determined that the zone is being utilized
to create a cohesive development and neighborhood, not just to utilize the
flexibility of setbacks and parking standards. Each additional boundary
modification should be based on a specific proposal.
3. If the Hemming PRO zone is not moving forward with actual construction of
buildings and uses that are substantially the same as proposed and intended during
the rezone request, then the City shall initiate a reversion to the previous zoning
(most recent prior to the PRO Zone designation). This time limit should include
an 18 month period. The time shall begin at the adoption of the Hemming PRO
zone or at each phase. Within the 18 month period a building permit shall be
submitted that requests approval of a substantial building that is consistent with
the intent of the Hemming PRO zone. No new phases should be considered until
at least fifty (50) percent build out has occurred on previous phases.
4. For bicycle parking the proposed zone shall include short-term and long -term
parking standards. Short term parking areas would be bike racks that area located
in front of stores. Long -term parking would be for overnight parking that is
sheltered from the elements.
5. The Purpose and Objectives section needs further development. Need to address
the purpose of to zone as well as what will be accomplished through this unique
zone.
6. "Multiple Family Dwelling" should be eliminated from permitted uses along 2nd
west and 2 South. The 2 West street frontage is currently zoned commercial
and may be the envisioned use along that street.
7. Eliminate the following permitted uses:
a. Membership lodging
b. Retail trade
c. Religious quarters
d. Residential hotels
e. Transient lodgings
f. Travel agencies
g. Paint, glass and wallpaper
h. Residential facility for elderly persons
i. Residential facility for persons with a disability
8. Add the following permitted uses:
a. Hotels (parking in rear or side yard, and non -auto oriented, i.e. motel -
parking in front of unit)
b. Retail trade (as part of a mixed -use building, i.e. residential and /or office)
c. Office and professional services (uses must be located above first street
level floor, or below. Must be part of a mixed -use building, i.e. residential
and /or retail)
d. Disabled persons residential facility (as a part of a mixed -use building, i.e.
non - residential uses)
e. Miscellaneous business services, i.e. real estate, insurance, etc. Buildings
containing these uses may only occupy up to 20% of useable (roads,
driveways, greenstrips, or parking areas not included) frontage along a
public right -of -way per block and only on each side of the street.
f.
9. Eliminate the following conditional uses:
a. Spreading grounds
b. Apartments (maximum of six (6) persons per unit attached to commercial
or other non - residential use as a mixed -use project set forth in Section
3.15.160, Rexburg City Code).
c. Communications
d. Motorcycles, motor scooters, parts, accessories, and supplies
e. Antiques and second hand merchandise
10. Add the following conditional uses:
a. Dormitory housing (maximum of six unrelated persons per unit physically
attached to commercial or other non - residential uses as a mixed -use
project)
b. Communications (subject to City of Rexburg Telecommunications
Ordinance, and utilizes feasible "stealth" features to disguise the towers
and antennas)
c. Motorcycles, motor scooters, parts, accessories, and supplies (as part of a
mixed -use building, i.e. residential and/or office)
0
11. Section 3.30. 100 Building Heights Should read, "Building heights for residential
buildings shall not exceed 40 -feet. Building heights for commercial and mixed -
use buildings shall not exceed 52- feet."
12. Section 3.30.120 Permissible Lot Coverage Should read,
a. No building or structure (parking lots included) shall not cover an area of
more than seventy (70) percent of the lot or parcel of land upon which
they are placed. If the lot or parcel has a recorded contractual agreement to
participate in a park, open space area, plaza, or similar, that is located
within seven - hundred (700) feet of the site, the lot coverage may be
increased to one - hundred percent. The park, open space area, plaza, or
similar area shall have a minimum area equal in size to the increase of lot
coverage for each participating lot or parcel, cumulatively. Required
setbacks are not related to lot coverage and therefore must still be
observed.
b. Individual buildings and connected structures shall not exceed a 30,000
square -foot foot print, regardless of lot size.
13. A dwelling density section should be added that limits dwelling densities to 42
units per acre.
14. A Section should be added regarding required setbacks. It should be noted that
corner lots are determined to have two front yards. Setbacks when adjacent or
across the street from a residential zone should be similar to most restrictive zone,
and only applicable to sides of the proposed building that are visible from
residential zone.
15. A Section should be added regarding permitted projections into required setbacks.
16. Strike Sections 3.30.130 (A) through (F). Instead, begin section by stating,
"Parking requirements of the development code shall be adhered to except as
modified in this section."
17. Under §3.30.130(G) Required number of Spaces, add "The counting of on- street
parking spaces to fulfill parking requirements shall apply only to non - residential
and lodging land uses. In addition, only those on- street parking spaces that are
within 200 -feet of the main entrance to the building for which they are to be
counted shall be allowed, and shall not be located across any public street.
18. Add section regarding parking, loading, and access, similar to §3.17.130 of the
CBC zone. This deals with parking being disallowed in required front yards,
requiring certain surfacing, etc.
19. Structured parking and parking areas for over 25 vehicles proposed to have access
on to S 2 nd West, shall be reviewed by the City Engineer for feasibility and safety
prior to approval of any development.
20. Add section regarding fencing
21. Add language to §3.30.150(C) Landscaping. Include the following:
a. Surface parking lots (single level)
i. Provide ten (10) percent landscaping/snow storage for total area of
impervious surface, may be interior landscaping or perimeter.
1. Provide one (1) tree per 500 square feet (2 inch caliper
minimum).
10
2. Provide one (1) shrub per 50 square feet (3 gallon
minimum).
ii. Ground cover shall primarily be live plant material (e.g. grasses
versus rock)
b. Perimeter of all parking areas adjacent to public right -of -way.
i. Regardless of building setbacks, provide twenty (20) foot
landscaped strips running parallel to right -of way.
1. Provide one (1) tree per 20 lineal feet of road frontage (2
inch caliper minimum).
2. Provide one (1) shrub per 5 lineal feet of road frontage (5
gallon minimum) and/or shall be sufficient in size to create
desired screening within two years of planting.
ii. Ground cover shall primarily be live plant material (e.g. grasses
versus rock)
c. Landscaped areas shall utilize an automatic, low volume, irrigation system
to insure maturation and maintenance.
22. Add a §3.30.150(F)(2) Walls and Fences that reads, "No wall, fence, or opaque
hedge or screening material higher than thirty -six (36) inches shall be maintained
within a required front yard.
23. Add a §3.30.150(F)(3) Walls and Fences that reads the same as §3.17.160(2).
This requires a decorative masonry wall or other material as agreed upon by
adjacent property owner and Planning Commission.
24. Strike §3.150.150(G) Transitional Development Standards. This issue is resolved
by an earlier amendment that requires property in the Hemming Zone to meet
certain setbacks when adjacent or across the street from a residential zone.
25. Strike §3.30.160 Residential Standards as these proposed standards allow
increased building heights, and modifications to driveway standards that have not
been approved by the Public Works Department or Fire Department. In addition,
the standards in §3.30.160 don't appear to be necessary to accomplish the
Hemming PRO zone, and therefore default development code standards should
apply.
26. Modify §3.30.170(A) Introduction to suggest that the Hemming PRO zone will
complement the historic downtown rather than including language that suggest
that this site is part of the historic downtown.
27. Strike §3.30.170(C) Development Review Committee and Design Review Board
Procedures. Replace with language that suggests that development proposals will
be reviewed by the City's established Design Review Committee (DRC) or
designee.
28. Introduction to design standards, second paragraph (precedes §3.30.170(E)). The
statement, "simple configuration and solid craftsmanship are favored over
complexity and ostentation in building form and articulation of details," appears
to conflict with the City's current design standards which promote articulation of
buildings, in order to reduce large expanses of buildings, and to add visual
interest. Specifically, the current design standards state, "Facades should be
articulated to reduce the massive scale and the uniform, impersonal appearances"
11
of buildings. The Hemming PRO zone introduction to design standards should
incorporate this established intent.
29. Modify §3.30.170(E)(1)(a)(4) Applicability, to not exempt buildings that do not
receive the public. All buildings should have design standards applied to them in
the PRO zone or any other commercial or multi - family zone.
30. Clarify what §3.30.170(E)(1)(b) Hemming PRO Zone Block Development intends
to accomplish. It is not clear what regulations are being described, or what figures
are being referred to.
31. Clarify what §3.30.170(E)(1)(b)(2) Provide useable pedestrian space requires.
Specifically, what amount of pedestrian space needs to be provided? A standard
might be that for every one - hundred (100) feet of street frontage a useable
pedestrian area of 100 square feet must be established. These areas should include
benches, wider sidewalks, water features, or similar.
32. Clarify what §3.30.170(E)(1)(b)(2) Building Orientation Standard means when is
states that, "Each development provides street trees or planters, space for outdoor
seating, canopies or awnings, and on- street parking (in certain areas." Is the there
a required quantity of these features to be provided by each development?
33. Modify §3.30.170(E)(1)(c)(2) Building Orientation Standard to explain how
corner lot buildings shall have "main" entrances on both street that are fronted.
They should not be allowed to have main entrances on the sides of buildings,
rather they should be encouraged to have a beveled corner entrances. This will
frame the streets together and also allow for clear vision areas to be observed.
34. Clear vision areas in the Hemming PRO zone should be reduced to 15 -feet, but
should be approved by the City Engineer prior to adoption. This reduction should
only be allowed for main building structures, not accessory structures, or
landscaping, which should both still maintain the 30 -foot clear vision area
currently adopted.
35. Strike §3.30.170(E)(1)(c) Variances. Modifications are negotiated through the
DRC. Significant deviations should follow the variance procedure currently
adopted.
36. Modify §3.30.170(E)(2)(a) Maximum building height to only allow a 35 -foot
building for residential building and a 45 -foot building for commercial or mixed -
use buildings. Also a minimum building height should be established at 18 -feet.
37. Modify §3.30.170(E)(2)(a) Maximum building height to not include roof
equipment as an exemption. Roof top equipment should be included in building
heights and should be screened by parapets or similar.
38. Modify §3.30.170(E)(3)(b)(1) Detailed Storefront Design to eliminate the
wording, "...unless an approved landscape buffer is applied." Corner buildings
need to embrace both streets on which they are located through storefront design.
39. Section 3.30.170(E)(3)(b)(1)(b) Detailed Storefront Design requires, "regularly
spaced and similar shaped windows." The intent may be to prevent long expanses
of buildings that do not have windows, but the language may also promote
repeating patterns over long expanses of walls that go against currently adopted
design standards.
40. 3.30.170(E)(3)(b)(1)(c) Detailed Storefront Design requires large windows. Large
display windows are exactly what pedestrian areas need, but windows should not
12
extend from grade to ceiling height. These types of windows are more consistent
with strip commercial development rather than pedestrian downtowns, and should
therefore be avoided especially if this development intends to complement the
existing historic downtown to the northeast. A horizontal requirement for window
area should be 60 (sixty) percent as a minimum (or greater!).
41. Figure 3 -2 suggests a design that deviates from historic buildings in the
downtown area. The figure appears to promote a different theme. A different
figure should be used if the intent is to create building that extend the downtown
and complement it. The figure should show more details regarding how to reduce
the massive scale of the large buildings rather than drawing attention to specific
architectural features of a particular architectural style.
42. Clarify, does §3.30.170(E)(3)(b)(2)(c)(1) Design of Large Scale Buildings intend
to incorporate all other design standards in the Hemming PRO zone as well as
these for large scale buildings?
43. Modify §3.30.170(E)(3)(b)(2)(c)(1) Design of Large Scale Buildings to provide
clear standards that quantify intent.
44. Modify §3.30.170(E)(4)(b) Guidelines and Standards to make standard based on
street frontage, number of stories, square footage of building, or other. The
proposed language only states that, "each development" shall provide these
pedestrian amenities. Each development should contribute, but larger
developments need to provide proportionately more.
45. Modify §3.30.170(E)(5)(a) Residential Uses. Last sentence should add, "...unless
substantial reconstruction occurs and /or expansion." It should continue,
"Substantial reconstruction shall mean that valuation of proposed improvement
exceeds fifty (50 %) of assessed value for the previous calendar year. Standards
shall only apply to areas of expansion unless the gross floor area of the proposed
expansion exceeds fifty (50) percent of the existing structure's gross floor area.
46. Section 3.30.170(E)(5)(a)(1) Residential Uses may be written to allow residential
uses to dominate the Hemming PRO Zone. The PRO zone should disallow stand
alone residential uses from fronting any street within a half block from S 2nd
West. These areas, generally, were zoned and designated on the Comprehensive
Plan map as commercial. The intent of these area being commercial should be
preserved in the Hemming PRO zone.
47. Modify §3.30.170(E)(5)(a)(3) Residential Uses allow a maximum dwelling
density of 42 units per acre. Dwelling densities should be spelled out rather than
making them limited by other standards. This allows residents an opportunity to
understand potential impacts of development.
48. Modify §3.30.170(E)(5)(b) Bed and Breakfast Inns and Vacation Rentals.
Lnaguage should be included which requires owner occupancy and a maximum of
twenty -five (25) percent of home to used for B &B. In addition, B &Bs and
vacation rental dwellings should be required to register with a local management
group or as a minimum have a local contact available at all times. These land uses
should be listed as conditional uses as they often have impacts that need great
scrutiny by the Commission.
13
49. Modify §3.30.170(E)(5)(d) Accessory Uses and Structures. Second to last
sentence should continue with, "...provided they are incidental to, and do not
substantially alter the character of the permitted principal permitted use.
50. Modify §3.30.170(E)(5)(e)(2)(b) Drive up, drive -in, and drive - through facilities,
to a fifth standard that reads, "No outdoor PA system shall be located within 300
feet of a residential zone.
51. Modify §3.30.170(E)(5)(g)(2) Light manufacture, Location, to read, "the light
manufacture use shall be fully enclosed within a building, and shall not be located
within two - hundred (200) feet of a residential zone."
Non - substantive
52. Lot lines shall be appropriately adjusted, or a Restrictive Lot Line Covenant
(RLLC) shall be submitted as part of each development. Lot line modifications
and /or RLLC must be approved by the City, prior to County recordation.
53. Change title of zone to, "3.30(1). Hemming (PRO A B R 1) Project
Redevelopment Option Zone"
54. Strike, "Hemming Project, Location: see attached"
55. Strike §3.30.020(A) Categories...
56. Strike §3.30.020(B) Permitted Principal Uses...
57. Change §3.30.020(C) to §3.30.020(A)
58. Change §3.30.020(D) to §3.30.020(B)
59. Remove SIC code numbering system
60. Strike last sentence of §3.30.130(A) referencing the University Zone.
61. Rename §3.30.130(G) to read, "Required parking spaces."
62. Strike "Use Parking Spaces"
63. Strike all parking requirements except the requirement for "mixed use."
64. Modify sentence in §3.30.150(A) Signs, to read "All signs shall be approved by
the Planning Commission or designee prior to the issuance of a sign permit."
(italics added temporarily for emphasis)
65. Strike reference to Downtown Blueprint in §3.30.170(A) Introduction
66. Clean up figure 2 -1 Building Height Diagram. Hard to read and some strike -
through is occurring on words.
67. Modify §3.30.170(E)(3)(b)(1) Detailed Storefront Design. There is a reference to
features a -e, when there are only features a -c.
68. Modify §3.30.170(E)(3)(b)(2)(c)(2) Design of Large Scale Buildings to eliminate
the language that follows the standard. The DRC can negotiate with the applicant
of a particular building if there are unusual circumstances involved.
69. Modify §3.30.170(E)(5)(c) Public and Institutional Uses to eliminate reference to
the "Rexburg Downtown District." Should say, "Hemming PRO zone."
70. Modify §3.30.170(E)(5)(d)(1) Primary use required, to continue, "...on the same
lot."
71. Modify §3.30.170(E)(5)(d)(2) Setback Standards, to read, "If an accessory
structure requires a building permit, all setbacks required of the principal
structure shall be observed as well. In addition, no accessory structures
shall be allowed to encroach in to a front yard. Accessory structures
14
visible from public or private rights -of -way shall be consistent in materials
as those used for the principal structure.
72. Modify §3.30.170(E)(5)(f) Sidewalk Displays to read, "A minimum clearance of
six (6) feet of walkable surface shall be maintained." Also, add "beds, appliances"
to the list of large display items.
Chairman Stein declared a five minute break.
The meeting then resumed.
New Business:
1. Preliminary Plat — Lincoln Park Townhomes
Trevor Einerson, 1105 Coyote Willow Way, Rexburg, representing Timberhawk Homes, spoke as
the developer for the Lincoln Park Townhomes Preliminary Plat. The proposed plat is located at 6`'
South, between 4'' and 5`'' West. There are 41 units on 2.57 acres. He stated he is proud to present
this preliminary plat tonight. He stated he believes in infill projects, to revitalize the City. He showed
and clarified the plat in a Powerpoint presentation. They have tried to create a number of access
points for the plat. Mr. Einerson has talked in detail with each of the neighbors around the proposed
development area, for their input in making the development nicer. They have knocked down an
old building on the property that had been an eyesore in the area for years. The zoning is MDR1
(Medium Density Residential 1), with 16 units per acre. They are entry -level homes, priced in the
low $100,000s, to help give young families in Rexburg a chance to invest in their starter home. 82
parking spaces are required; they are providing 96 spaces, or 117 %. They are providing 20' by 10'
parking spaces. Storm drainage is not in place. The development will improve drainage for 3
neighboring property owners. The development will have 37% green space, with sidewalks at 11 %,
buildings 20% of the area, and parking /roads at 32 %. He showed an example on the overhead
screen of how the units will look. They will meet with the Design Review Committee to make sure
design standards are met. They feel there is adequate room for snow removal. Mr. Einerson stated
that he hopes they have proven they are reliable and trustworthy developers; he feels their project
will enhance the neighborhood and that it will increase property values.
Winston Dyer the Dyer Group, 343 E.4''' N. Suite 108, Rexburg — He is the engineer for this
development. The proposed development is consistant with the zoning and the comprehensive
plan. He pointed out the area on the overhead screen. It will have 3 entrances, which should resolve
any traffic issues. There is water and sewer. They are working with the fire department and the City
ehgineer on requirements. Tonight's proposal is a land use rather than a building issue; they will
refine their site plan. He stated that the developer wants this to be a single project in one phase. No
frontage will be on the canal. They will work with the Design Review Committee on design
standards, including setbacks and building fronts.
Trevor Einerson stated that the canal may be fenced as a child safety precaution.
15
Winston Dyer said the City has indicated it would build a bridge across the canal in the future
Gary Leikness stated that most of the items stated in his staff report will be taken care of as the plat
develops. The Commission is not necessarily approving a site plan at this time; that approval will be
done later as a building permit is sought. He said that the City's historic grid system was good
planning. This plat's location is part of the original townsite. One hundred years ago, if you would've
mentioned to someone that townhomes would be developed here and that a future road stub out to
the east would be needed, people would've said this would never happen. But, here we are all those
years later and we have the road platted and ready for a future bridge to continue to connect the
community and its neighborhoods. This is why the grid system is so important to adhere to.
The Commissioners discussed the proposal.
Thaine Robinson motioned to recommend to City Council the approval of the Lincoln Park
Townhomes Preliminary Plat, including all issues addressed in the staff review comments. Dan
Hanna seconded the motion.
None opposed. Motion carried.
Winston Dyer resumed the chair.
Unfinished /Old Business:
Sign Ordinance — Temporary Signs and Banners
Chairman Dyer asked about the status of the Sign Ordinance discussion. Gary Leikness requested
that he be given time to offer a quality analysis of the temporary sign and banner part of the Sign
Ordinance. He will strive to have the information in advance of the next Planning and Zoning
meeting, to be included in the Commissioner packets. The City Ordinance Officer also requested
that lights, in regard to signs, be addressed, as there may be conflicts between the Lighting
Ordinance and the Sign Ordinance. Gary Leikness said he would look at other cities' ordinances.
Thaine Robinson said he would like to see an example of a very restrictive sign ordinance, just for
the purpose of comparison.
Non controversial Items Added to the Agenda:
Mike Ricks requested that the Commission initiate an ordinance change to require bigger parking
stalls and possibly wider drive aisle widths.
Gary Leikness recommended that standard parking spaces be a minimum 9 -feet by 18 -feet and that
the two way drive aisle widths be increased to 24 -feet He said that this language, and other concerns
the Commissioners want to address, could be included in the language of the Development Code
Ordinance 926 that is currently being updated.
Mike Ricks motioned to look at amending Ordinance 926 to include the above stated concerns and
others wherever they are located in the ordinance.
Mary Haley seconded the motion.
16
None opposed. Motion carried
Chairman Dyer indicated to Gary Leikness that this would be carried into the "cleanup" of
Ordinance 926. Gary Leikness said he would include the parking standards increase in the 926
clean -up that the planning consultants are working on.
Chairman Dyer mentioned an electronic reader board he noticed on Highway 20 south of town at
the new RV center. He would like this issue looked into, as to whether it is a permissible sign in the
Sign Ordinance.
Thaine Robinson said that on Trejo Street and Grand Loop, there is a 3 -sided piece of property
with townhomes that is allowing large recreational trailers to be parked in their parking lot. This
situation also needs to be looked into by the City Ordinance Officer.
Mary Haley also stated that New Fongs needs to be landscaped. Their dumpster should be moved
out of the public view. The Ordinance Officer will be notified of this situation.
Compliance: None
Report on Projects None
Tabled Requests:
1. Preliminary Plat — Silver Estates
Building Permit Application Report• None
Chairman Dyer adjourned the meeting at 10:01 pm.
17
City Council Meeting ` �QEXBUR�.'
aJ i CITY OF
May 07, 2008 o
RE
-0
12 North Center blairk@rexburg.org Phone: 208.359.3020 x313 Americas Family Community
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
Mayor Shawn Larsen
Council Members:
Christopher Mann — Council President
Rex Erickson Randy Schwendiman
Bart Steven Richard Woodland
Adam Stout
7:00 P.M. City Hall — Pledge to the Flag
Roll Call of Council Members all present
May 07, 2008
City Staff:
Stephen Zollinger — City Attorney
Richard Horner — Finance Officer
John Millar — Public Works Director
Val Christensen — Building Official
Gary Leikness — Planning & Zoning Administrator
Blair Kay — City Clerk
Public Comment on issues not scheduled on the agenda (limit 3 minutes): NONE
Presentations:
A. Proclamation 2008 -04 "Women's Heart Week" — Vanessa Cannon
Vanessa Cannon explained this is a nation wide campaign. She is a nurse at the hospital and has
seen heart problems with women first hand. She proposed to have the city support the Women's
Heart Health Week.
Mayor Larsen asked her about participating in a walk this fall.
PROCLAMATION
No. 2008 — 04
Women's Heart Week
Whereas, the City of Rexburg celebrates the extraordinary progress in women's heart health and
recognizes more needs to be done in Rexburg to safeguard women's health for generations to come.
Whereas, heart disease is the No. 1 killer of women and one in four American women dies of heart
disease.
Whereas, most women do not know heart disease is a woman's problem and they do not take it
seriously.
Whereas, the risk factors for heart disease are smoking, high blood pressure, high cholesterol,
overweight /obesity, physical inactivity, diabetes, a family history of early heart disease, and age.
Whereas, women can promote their own heart health and prevent disease and illness by taking steps
to prevent and control the heart disease risk factors.
Whereas, keeping women healthy and promoting awareness of women's health issues, including
heart health, is an important responsibility and depends on the actions of many organizations and
groups in our community.
Whereas, women's health remains a priority for families, communities, and government, and our
commitment to keeping women healthy is stronger than ever.
Whereas, The Heart Truth campaign and its Red Dress symbol are building awareness of women's
heart disease risk and empowering them to reduce their risk and prevent heart disease.
Therefore, Rexburg women need to take action to make heart health a priority for themselves and
their families, become aware of their heart disease risk, and take action to control their risk.
Now, therefore, I Shawn Larsen, Mayor of Rexburg do hereby proclaim May 11, 2008 to May 17,
2008 as The Heart Truth campaign week and encourage all citizens to work together to promote
and improve the health of women and increase awareness and understanding of women and heart
disease.
BE IT PROCLAIMED: IN WITNESS WHEREOF: I have hereunto set my hand and caused this
Seal of the city of Rexburg to be affixed hereto this 7` day of May in the year Two Thousand and
Eight.
ATTEST: Shawn Larsen, Mayor
SEAL
Blair D. Kay, City Clerk
Mayor Larsen asked the City Council to ratify the proclamation.
Council Member Erickson moved to ratify Proclamation No. 2008 — 04. Council Member
Woodland seconded the motion. All voted aye, none opposed. The motion carried.
B. City of Rexburg Wellness Program —April Howard (employee committee)
Deputy City Clerk April Howard representing the employee committee explained the proposed
City of Rexburg Wellness Program. City employees are very concerned with the rising cost of
healthcare. The employee committee has worked to develop a Wellness Program to motivate
employees and spouses to be more physically fit, get regular wellness checkups and take control of
their own healthcare. She explained what kind of return on investment and success other companies
with a wellness program have seen. She also discussed the many health benefits of walking and
regular exercise. Regular physical activity also helps increase employee morale, reduce health care
costs, reduce accidents on the job, reduce sick days and increase productivity.
2
Deputy City Clerk Howard explained the proposed program to the City Council. There will be three
trimesters per year. The general format and the prize requirements will remain the same for each
trimester. All full-time City employees and spouses eligible for insurance benefits are eligible to
participate with all other City employees and spouses being eligible to participate but are limited in
eligibility for prizes.
The goal is to get each employee and spouse to take at least 6,000 steps per day for the first month
and increase this goal each month of the trimester. Each week a participant reaches this goal, they
will get a raffle ticket. At the end of each trimester a raffle drawing will be held. Each participant
will receive a participation prize.
The employee committee requested a budget of $50 per participant per trimester to implement this
wellness program. They are anticipating at least 120 employees and spouses will participate per
trimester, which will equal a total of $18,000 per year.
The council members discussed the proposal. They thought $18,000 was a large amount of money
for a wellness program. Council Member Schwendiman said he thinks there needs to be a maximum
amount allotted. He does not want to have 200 participants and then have to find more money than
was originally approved. Deputy City Clerk Howard said this would be the maximum amount
requested. If more want to participate the prizes and awards will simply be adjusted so all who wish
to participate will have the opportunity.
Council Member Mann moved to appropriate up to $15,000 maximum for the Employee Wellness
Program. Council Member Stevens seconded the motion. All voted aye, none opposed.
The motion carried.
Committee Liaison Assignments for 2007•
A. Council Member Chris Mann Museum Committee • Beautification Committee • Emergency Services Board
Council Member Mann reported the Beautification Committee met this afternoon. They are planning to
plant flowers in the island at Main St. and 2 East on May 19, 2008 at 6:00 P.M. They are also planning on
doing beautification awards this year. Christmas lights will be replaced on Main Street as well. Other
projects such as beautifying road entrances or possibly starting an "adopt a street' program are being
discussed. The Museum Committee met. The attendance numbers are up this month. Their new curator is
doing a great job as well. Emergency Services met and went into executive session immediately to discuss
some issues.
B. Council Member Rex Erickson Golf Board Planning & Zoning • Rexburg Redevelopment Agency
Council Member Erickson said the Golf Board has not met, but they are planning a walk around on the new
9 -hole golf course the first week in June. Planning and Zoning met last week with a couple of items on
tonight's agenda. Council Member Erickson indicated the oversight team is meeting monthly with the
Community Development Department. Mayor Larsen reported the Community Development Department
has hired a new receptionist.
3
C. Council Member Bart Stevens Air
iort Board • Romance Theatre Committee • MWAB • School Board
Council Member Stevens reported the Police Department is doing a great job. He explained they received a
huge compliment this past week as a criminal case in the area was solved. When the criminals were
questioned, they said they wouldn't mess with Rexburg because of their police force. Mayor Larsen
reported on a project for the MYAB that took place May 3, 2008 to put stickers on 571 storm drains
reminding people not to put dangerous chemicals in the storm drains as these drains lead to the river or into
the aquifer. These drains do not go to the waste treatment plant. There were about 50 youth who
participated with about 50% of the drains being marked. Chuck Velman from the Water Department
coordinated the event.
D. Council Member Randy Schwendiman Parks & Recreation • Traffic & Safety Committee
Council Member Schwendiman reported the Traffic and Safety Committee met last night. They discussed a
few issues in the city. There are some areas that may need crosswalks enhanced as well as reduced speed
limits. They are looking for additional locations for the enhanced crosswalk signals. Parks and Recreation
has not met, however he reported Kristy Geisler applied for an $8,000 grant for two sun shades at the spray
park and got word this week that this has been awarded to Rexburg.
Mayor Larsen asked the City Council to ratify the name of Kerry Denney to serve on the Parks and
Recreation Committee.
Council Member Mann moved to ratify Kerry Denney to the Parks and Recreation Committee.
Council Member Stout seconded the motion. All voted aye, none opposed. The motion carried.
E. Council Member Richard Woodland Rexburg Arts Council • IBC Committee • Tabernacle Chic Center
Council Member Woodland reported the Arts Council has started their orchestra concerts. They will have a
concert each Wednesday night at 7:30 P.M. during the summer. The Tabernacle Committee will be
receiving a bid on the handicap ramp. The location of the ramp is still being discussed. The Tabernacle is a
wonderful facility, however, it needs some care.
Mayor Larsen explained the Arts Council is being reorganized a bit and will now have a representative from
the Westwood Committee, the Tabernacle Committee and the Museum Committee. This will help the Arts
in Rexburg be more efficient and work together. They will do fund raising activities and continue to seek
other grants. Mayor Larsen asked the City Council to ratify Kriss Jacobson as the Chair for the Arts
Council. He commended Margaret Arnold on her efforts as the Arts Council Chair.
Council Member Woodland moved to ratify Kriss Jacobson as the new Rexburg Arts Council Chair.
Council Member Stevens seconded the motion. All voted aye, none opposed. The motion carried.
F. Council Member Adam Stout Legacy FligbtMuseum • Trails of Madison County
Council Member Stout reported the Legacy Flight Museum is working on the air show that will take
place June 14, 2008. He asked Council Member Erickson if the golf course could be closed the night
before the show to allow the pilots to practice for the show. Council Member Erickson understood
the golf course would be closed that evening. He will follow up on the item. Council Member Stout
said the Trails of Madison County will meet tomorrow.
4
Council Member Mann mentioned that he along with Council Members Stout and Stevens met with
the county to discuss the addressing problems.
Public Hearings
7:20 P.M. - PRO -Zone (Project Redevelopment Option) — Hemming Properties
Richie Webb at 133 South 2nd West representing Hemming Properties reviewed the proposal to
develop their project under the umbrella of a PRO -Zone. The principals in the project are Richie
Webb, Val Hemming, Lane Hemming, and Reginald Richie. They presented some new and
improved PRO -Zone language they have developed to address the concerns of the Planning and
Zoning Commission. The city staff recommended the PRO -Zone for this development; given the
mixed use nature of the project. They have been busy working through the language of the PRO -
Zone to incorporate the recommendations of the city staff. He reviewed the scope of the project on
the overhead screen. Reginald Richie is the architect for the project. Planning and Zoning approved
the language in the PRO -Zone with a unanimous vote. Since the Planning and Zoning approval,
they have modified the PRO -Zone language to incorporate the recommendations of the Planning
and Zoning Commission including the comments, suggestions, and recommendations of the city
staff. Therefore, the copy of the PRO -Zone language before the City Council tonight is the
recommended new and improved version. Mr. Webb pointed out some specific items in the PRO -
Zone language highlighted in this project. He wanted to review the following items during the
presentation.
1. Comprehensive Plan approval process for this development
2. Boundaries for the PRO -Zone
Mr. Webb noted adjoining property on 15t South including Breckenridge Apartments on 2 South
have been purchased by Hemming Properties since their application was filed with the city. They
will file a future request to include these two properties in the Comprehensive Plan Amendment for
this development.
Council Member Erickson clarified the ownership of the property on the corner of 1" South and
1" West belonging to Hart Investments. Mr. Webb indicated Hemming Properties own all of the
Properties on 1" South running between 1 51 West and 2 West excluding Hart Investments. They
are in discussions with the church to exchange property for the church parking lot on 1 51 South from
the south side of the street to the north side of 15t South. D &L property on the corner of 2 West
and 2 South is not part of the project; however, Hemming Properties are in ongoing discussions
with them. The Real Estate Office adjoining D &L Cleaners in the same building is part of the
Hemming Properties PRO -Zone proposal.
Mayor Larsen indicated the hearing tonight is to review for approval the proposed PRO -Zone
application for the Hemming project. City Attorney Zollinger agreed the PRO -Zone is an option
available to developers for requesting specific features in a proposed development. Mr. Webb
clarified their intention to develop the entire PRO -Zone area over time; however, Planning and
Zoning has requested a plan to develop the PRO -Zone area in phases allowing the Planning
Commission and the City Council to weigh in on the development as it develops. He reviewed the
buildings and plans for development in three phases. The first phase of the project would be a
building constructed along 2nd South containing retail on the first level and office space on the
second and third levels. The second building would be constructed on the south side of 2 South
containing retail on the first level and loft type apartment units above the first level on the 2 and Std
levels. The third building in phase one will be a lodge, hotel and conference space. Future
5
development plans in the PRO -Zone will come before the governing bodies as they move beyond
phase one.
Mr. Webb noted one building would have approximately 14,000 square feet of retail space and
20,000 square feet of office space on the 2 and Y floors. The second building will have
approximately 30,000 square feet of retail space on the first level and 24,000 square feet of living
space (21 condo type units) on the 2 and 3` levels. The hotel lodge will be about 40,000 square
feet comprised of available conference space (occupancy for 200 to 250 people) including 55 to 60
rooms.
Reginald Richie graduated from architectural school in 1966 and did his architectural work in
Philadelphia. He indicated they have been working on this project for about two years. They plan to
start construction in about a month. The architecture will be reminiscent of the architecture
Rexburg formerly knew with the good old architecture of Ricks College. The shape of the older
roofs, past efforts done, and materials used will be part of this project. The materials will be native
materials to Idaho like Idaho travertine. The steep pitched, unpainted metal sloped roofs with
dormer windows reminiscent of Ricks College will change into some very nice soft tones as they
weather naturally. Their desire is to build adaptable "LEEDS or silver status" buildings that are
reusable models. LEEDS is "Leadership in energy and environmental design" which is building
buildings that are leading in energy and environmental design.
NOTE: From Wikipedia, the free encyclopedia
The move towards LEED andgreen buildingpractices has been driven greatly by the tremendous benefits which are a
direct result of implementing a green approach. Green buildings use key resources more efficiently when compared to
conventional buildings which are simply built to code. LEED creates healthier work and living environments,
contributes to hi gherproductivity and improved employee health and comfort.
Mr. Richie indicated the type of construction for Hemming Properties would be "LEEDS"
buildings that will last 100 years. They want these buildings to be a model to follow for Rexburg
development. They are moving away from building designs that are torn down in 3 -5 years because
they are not flexible and sustainable, so they can't be reused. The new buildings will be constructed
of concrete and steel. They have worked very hard to keep the building's shadows out of other
buildings. Their development is planned with a lot of open space. They hope to keep the apple
orchard in the back of the old Hemming property. They want open space for people to assemble for
summer events. The rest of the property will be built in a flexible and sustainable way. Their
buildings will be open and accessible with ground source heating where possible.
The first building to the south will have large open dormers allowing natural light with solar heat.
On the third floor open balconies will allow natural ventilation with minimal air conditioning. In the
winter time the building will capture the sun to assist in heating the building. The insulation
standards are very high for a tight building. The indigenous trees will give shade in the summer and
allow the sun to come in the windows in the winter. The 2 South Street will be very lively retail
street with 20 foot concourse in front of the buildings. The traffic will have reverse diagonal parking
and the pedestrian traffic will have easy access to cross the street.
They hope the development will be an adjunct (appendage) to serve as a bridge from BYU -Idaho to
Rexburg's downtown Main Street. The parking will allow safe access to the building. When this
building is completed they will start work on the hotel on the south side of 2nd South. In the long
range by infilling, the women's and men's housing will be converted to high quality low density
downtown residential housing. It will be designed for family housing, instead of student housing.
6
The development will be pedestrian friendly with ice free sidewalks heated by an underground
thermal heat source.
Mr. Webb continued to explain the proposal by referring to the information packet.
Council Member Erickson reviewed the entire PRO -Zone area and asked if the plan was to seek
approval for the entire area or just Phase 1. Mr. Webb explained Planning and Zoning
recommended moving forward with the project in phases. The first phase consists of three buildings
on both sides of 2 ° South.
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Phase One
1. Retail and Office space — 14,000 square feet of retail space and 20,000 square feet of office
space on the 2 nd and 3` floors. (Parking available behind the building and on the street excluding the
hours needed for plowing snow)
2. The second building will have approximately 30,000 square feet of retail space on the first
level and 24,000 square feet of living space (21 condo type units) on the 2„d and Std levels.
3. The hotel lodge will be about 40,000 square feet comprised of available conference space
(occupancy for 200 to 250 people) including 55 to 60 rooms. (Parking below ground or parking
structured above ground). They are committed to comply with the parking code ratios.
They initially asked for a reduction in the parking ratios for mixed use (general merchandise)
buildings. The parking code for general merchandise buildings is four parking spaces per 1,000
square feet of floor space and they petitioned the City to reduce the general merchandise
requirement to 2.5 parking stalls per 1,000 square feet of floor space. Mr. Webb indicated they have
decided to honor all of the parking code requirements for the City. The parking requirement will be
satisfied with "onsite parking" and "on street parking."
City Parking Regulations:
1. Single family dwellings (LDR) 2.0 spaces per unit
2. Multi family dwellings (MDR) 2.0 spaces per unit
3. High Densipy Residential (HDR) & HDR2)
1 bedroom 1.5 spaces per unit
2 bedroom 2.0 spaces per unit
3 bedroom 2.5 spaces per unit
4. Student housing 1 space per student
5. Multi family dwellings for the elderly 0.7 spaces per unit
6. Nursing homes 0.25 per bed
7. Motels and hotels (transient lodging) 1.00 per sleeping room
Mayor Larsen asked how the winter parking regulations (November to March) would affect this
proposal. They do not plan to use the streets in the evening, so the streets can be cleaned in the
winter. They plan to contribute to the snow removal process with the City.
Council Member Stout asked if they are planning to preserve the student parking. Mr. Webb said
"That is correct." They plan to have parking behind the building on the south side of 2 nd South.
Council Member Erickson was concerned with the on street parking near the University. Mr.
Webb reiterated overnight parking would not be utilized on the street.
Council Member Stevens asked about hydraulic heat. Mr. Webb clarified they will have heated
concrete on the sidewalks not on the streets.
Mr. Webb referred to Planning and Zoning's detailed discussions of the conditions. The PRO -
Zone application has been modified to comply with the Planning and Zoning Commissions
recommendations. They intend to vary the buildings to meet the required design standards.
9
The following items were conditions for approval in the Planning and Zoning minutes from April
03, 2008.
I. Building heights - residential buildings 40 feet maximum
2. Building heights - commemall mixed use buildings 52 feet maximum
3. Buildingsl structures not to exceed a 30,000 square feet
4. Parking issues and parking garage access will be determined by City engineers
5. Short term and long term parking standards proposal submitted to planning staff and City Council
6. Delineate Phase 1 of the PRO Zone, as understood by the Commission, forpresentation to the City
Council
Gary Leikness wished for clarification, for the record, asking the Commission if it was correct that they had
approved only Phase 7 of the Hemming PRO Zone. Chairman Stein stated that was correct.
Reginald Richie indicated the first building is a thin box of 55 feet with architectural design. The
building will be divided into thirds for pedestrian traffic. The building has a lot of liveliness and
architectural design. All of the buildings will be constructed out of heavy structural steel columns.
The windows are triple glazed in some cases and some windows will open. There will be balconies
and some of the siding will be fir wood.
Council Member Woodland explored the breezeways between the building sections for pedestrian
traffic.
Mayor Larsen asked about the apartments exiting onto 2 " West.
PRO -Zone document item 19 page 7: Vehicles entering onto 2 "d West from the development will be
right turn exits.
Mayor Larsen thanked Mr. Webb and Mr. Richie for the presentation and working with the City
staff.
Council Member Erickson asked Thaine Roberson representing the Planning and Zoning
Commission for any comments. Thaine Roberson referred to the 72 to 74 conditions laid down by
Planning and Zoning and Staff. Of those conditions, only three conditions were an issue.
1. Roof heights (Since the buildings were set back away from the street it would be similar to a
Main Street appearance).
2. Building size (it is not one big box. It is several stores inside the building). The project is
above and beyond the Planning and Zoning minimum standards. Only 95% of commercial
buildings in Rexburg meet minimum standards.
3. Architectural design — Thaine complimented Hemming Properties for exceeding the
planning standards.
Council Member Stevens asked if the PRO -Zone was requested for the entire project.
Reginald Richie said it was their understanding the entire PRO -Zone was up for consideration;
however, they would come back to the Planning and Zoning Commission and City Council to get
each phase approved within 48 months, otherwise, they would have to reapply.
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Ted Whyte at 369 Eagle Court spoke in favor of the proposal. It is hard to implant this design in
the downtown setting next to BYU- Idaho. It is always nice to have a downtown base with parking.
He referred to future developments in the downtown like the Junior High property. This will help
invigorate the downtown.
Dave Pincock a businessman in Rexburg spoke in favor of the project. He said it is a good mix of
retail and housing and will enhance the downtown area for Rexburg. It makes a lot of sense to
approve this project.
Clair Boyle representing the Economic Development Company explained development is hard to
do. The Hemmings have gone above and beyond the expectations on this project. He asked the
City Council to approve the project.
Christopher Cornelius at 421 East 3` South spoke as a businessman. He said it has been
refreshing to see this type of project in Rexburg. He is strongly in favor of the project.
Robert Fothier at 398 Eagle Summit works as the managing director of East Idaho Entrepreneur
Center. He explained they are very impressed with this project. He highly recommends the project
for approval. He is impressed with what it would do for Rexburg's downtown area.
Richard Smith speaking as a developer said he is very impressed and commended the Hemming
family on their hard work. They have gone far beyond the Pro -zone designation on what is required
and have set a high standard for future Pro -zone requests. It is a good project for Rexburg and
encouraged the City Council to approve this project.
Those Neutral to the proposal: None
Those opposed to the proposal: None
Mayor Larsen closed the public hearing.
Council Member Erickson said the Planning Commission has spent countless hours on this PRO -
Zone. He commended both the city staff and the Hemming family for a great job. He said this will
work well for Rexburg.
Council Member Mann asked how much distance is between the first two buildings that will face
each other in phase one. Mr. Richie explained they are a long way apart. The drawing depicts the
shadow as of the 21 of December. The shadow does not come close to reaching the second
building. They are hundreds of feet between the two buildings. Mr. Richie further explained he
used to do architecture in Philadelphia which has narrow streets; however, the sloping roofs, etc. will
allow the sun to come in to the area between the buildings. There will not be a tunnel effect on this
road caused by the buildings.
Mayor Larsen asked if the building height is written into the development code as it has been
presented tonight. Mr. Richie explained the development code shows the building heights allowed at
four stories or 52 feet high.
Council Member Schwendiman asked if the right turn only onto 2nd West is written into the
development code. It is not written as part of the development code. Mayor Larsen said this could
12
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be part of the motion. Council Member Erickson asked if this is addressed with the zoning or if this
is something to be addressed when the development agreement is done.
City Attorney Zollinger said he would feel very uncomfortable if other conditions were put into
the motion for the zoning of this development. The zone is to establish what types of uses are going
to be allowed. He suggested giving the direction to the building department to make sure when they
are working on the development agreement for the approval of the buildings that it include the right
turn only stipulation. He does not recommend making this part of the zoning approval.
Council Member Erickson moved to approve the entire PRO -Zone area with the understanding
they would come back to the Planning and Zoning Commission and City Council to get each phase
approved. It is also contingent upon compliance with conditions as outlined by Planning and
Zoning. Council Member Schwendiman seconded the motion. All voted aye, none opposed. The
motion carried.
New Business
A. Petition to review the conditions for annexation of Frandsen property
Travis Chapple a contractor in Rexburg is representing the Frandsen's. He explained this property
was red tagged for building design deficiencies. The contractor before him turned in a design for a
building permit which was approved, yet this contractor did not build the building correctly. They
are now stuck with the problem of getting the building approved after it has been built. Mr. Chapple
is proposing a design that does not meet design standards, but will make the building look much
nicer than it currently does. He is before the council tonight on appeal to get this building design
approved. Council Member Stevens reviewed the proposal. It has not been approved by the Design
Review Committee.
Building Official Val Christensen explained the history of the project. The annexation minutes
for this structure were reviewed. The county building design standards were not followed when this
building was built. The request is to make changes to the building to mitigate the design deficiencies
with the county when the building was constructed. The previous contractor basically built a box
instead of the building that was approved. The county refused to go any further with their
inspections because it did not meet the requirements, so the building has been in limbo ever since
this time. The Frandsen's have met with the city multiple times wanting to move ahead on this
project. Planning and Zoning will not budge on the original design because the original design was
approved by the City Council. Building Official Christensen said nobody including himself or
Planning and Zoning Administrator Leikness have the ability step away from a council decision. The
Frandsen's as well as Mr. Chapple were told if they want to do anything different with this building
that what was proposed, they would have to bring it back before the council for the decision to be
made.
Council Member Erickson explained the building was submitted and approved by the county;
however, it was not constructed to the county's design standard. The city's design standards were
not followed when the foundation was poured and the building was constructed as a box. The city
has inherited this as a bad project when this area was annexed. The city has made a proposal that
they couldn't quite meet, so now they are coming back to the city with a different proposal which is
somewhere between the original proposal and the existing building. Council Member Erickson said
he has been out to this building and it does not look good. This proposal before the council tonight
would be a huge improvement. There are two options: 1) Make them tear the building apart and
redesign or 2) Follow this proposal as presented to the council tonight.
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Council Member Erickson said in all fairness to everybody this new proposal would work well. It
doesn't make sense to have them tear the building down. Council Member Schwendiman and
Council Member Stevens agreed.
Council Member Stevens indicated he was agreeable to this proposal due to the situation of a
completed structure. Community Development Director Christensen explained the county inspector
was told the building would provide extensions to the foundation; however, it did not happen.
Council Member Erickson was in favor of the proposal.
Council Member Mann requested following the city's motion in the annexation minutes.
Council Member Erickson referred to the Blair Heinz building to the north without design
standards. Community Development Director Christensen indicated the city does not regulate
design standards on agricultural buildings. He indicated the annexation was after the building was
built. City Attorney Zollinger said the county could not enforce the city's design standards.
The City Council Discussed the annexation process and the building's construction before the
property was annexed. Some minutes were read to clarify the issue.
Council Member Erickson said the city inherited the problem. This proposal is a similar look to
the original compromise with the design standards.
City Attorney Zollinger explained the contractor did not build to the plans submitted to the
county. It is important to understand this problem would have gone the same way with the city. If
the property had been annexed into the city at the time this originally began, the contractor would
have made the same mistake. It was not the county's deficiency. He explained the owner committed
to change the building to allow annexation; however, the roof structure would have to be torn out
and a new steel roof structure would have to have been installed to allow for the build out of the
design standards.
Council Member Erickson said the owner is making a good faith effort.
Council Member Erickson moved to approve the revised plan (see next page) and have the
columns dressed up with rock and other material to make it look nice. Council Member Stevens
seconded the motion. Discussion: Council Member Stevens reviewed the steel band to dress up the
column to break up the column. He said this looks like a nice plan. Mayor Larsen asked if this need
to be sent back to the design review committee with a recommendation from the City Council.
Council Member Stevens said he feels that this decision is up to the City Council. The design review
committee will review this as the standard is now. Council Member Stout agreed it is better to
approve this at the City Council level.
Those in favor: Those opposed:
Adam Stout Chris Mann
Randy Schwendiman
Bart Stevens
Rex Erickson
Richard Woodland
The motion carried.
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- - - - ---- -----
o
B. Final Plat — Riverwoods Townhomes Division 3
Mike Arneson from HBH Consulting Engineers representing Riverwoods Townhomes requested
approval. The final plat was approved a couple of weeks ago by Planning and Zoning. The only
question from Planning and Zoning concerning the final plat was the size of the garage. They are 20
feet by 24 feet. The openings are standard 16 foot openings and the two car garages are 24 feet
deep. The 11 parking stalls on the site plan are for guest parking.
Council Member Erickson indicated the proposal was approved by Planning and Zoning. The
plan meets all of the requirements. The outside parking is open parking without a cover.
Mayor Larsen asked why some developments require covered parking. Community Development
Director Val Christensen explained townhomes have their own garages; however, condominiums
require covered parking.
Council Member Stout moved to approve the final plat for Riverwoods Townhomes Division 3;
Council Member Woodland seconded the motion; all voted aye, none opposed.
The motion carried.
C. "Safer" Grant for the Fire Department to add three positions — Staff
Chief Dave Davis from Emergency Services explained they received a "Safer" grant which will to
hire three additional personnel for five years. The APA requires one firefighter per 1,000 in the
population. This grant will help get to this standard. He explained the cost breakdown of how this
grant will work over the five years. The first year it is a 90/10 match for the city, the second year is
80/20, the fourth year is 20/80 with $100,000 max grant. By the fifth year the city would cover the
entire cost of the employees. Chief Davis explained the department has budgeted the three
additional employees. Council Member Mann explained these three employees have already been
pre- budgeted for 2009. The Ambulance District and the Fire District has approved the addition of
the three employees. Mayor Larsen said the grant will save the city money. This grant saves tax
payers money for a much needed service. He congratulated the department for a job well done.
Council Member Erickson reviewed the budget money proposed for 2008. Chief Larsen said the
money was proposed for 2009 in the 2008 budget.
Council Member Mann asked how long they have to keep the employees. Chief Davis said they
have to stay on for at least five years but it is recommended keeping them long term. Emergency
Services hopes these three employees can start as soon as the new budget year begins in October.
Council Member Mann moved to accept the safer grant from the federal government to hire three
additional employees. Council Member Schwendiman seconded the motion. All voted aye, none
opposed. The motion carried.
Council Member Schwendiman stepped down from the dias due to a conflict of interest on the
next issue.
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D. Final Plat — Professional Plaza Modification Plat - Dan Dummar
Dan Dummar indicated the lots are privately owned with alleys. Dr. Craig Smith attempted
to build into the alleyway; however, the alleys (used for parking) are jointly owned causing a
problem financing the project outside Dr. Smith's property line. The purpose of the re -plat
is to transfer the alleys from join ownership to the adjoining property owners. Council
Member Stevens asked about the sewer main in the alley. He understood there was a sewer
main line in the alley.
City Attorney Zollinger indicated the requestor maintained the same exact footprint;
however, the alleys were converted to a public easement for utilities. Council Member
Stevens was concerned the building did not encroach into the sewer lines utility easement.
City Attorney Zollinger understood there may be a water line under the building. Mr.
Dummar said the building did not extend over a water line. He indicated the utilities were
not going to be affected by this action. Public Works Director Millar reiterated the water
and sewer lines are outside of the footprint of the building. City Attorney Zollinger
indicated the petitioners understood if the utilities were not accessible, it would be at their
cost to reroute the utility lines. Mr. Dummar mentioned they did not make any changes to
the CCR's (Covenants, Conditions and Restrictions) with this proposal.
Council Member Erickson indicated this plat revision is a cleanup action for this
commercial subdivision.
Council Member Stevens moved accept the Professional Plaza Modification Final Plat.
Council Member Erickson seconded the motion; all voted aye, none opposed.
The motion carried.
Council Member Schwendiman joined the dias.
E. City code for flood trailers —John Millar
Public Works Director Millar explained the history. He stated he had been through the minutes of
1974 through about 1977 to gather information on the flood trailers that came to Rexburg following
the flood. In 1974, the City enacted a trailer— mobile home park ordinance. Then, at the time of the
flood, because of the destruction of many homes, the City allowed HUD (Housing and Urban
Development) trailers to be brought in and put on individual people's lots. It was decided that as
long as the original owner lived in that trailer, it could stay. It could not be sold or transferred. The
idea was that they would live in the trailers while they rebuilt their homes. Shortly after, the issue was
raised as to whether doublewides or pre - manufactured homes, which were not brought in by HUD,
could be allowed to be left. Another ordinance was done in 1991 that stated if a person has a
doublewide pre - manufactured home on a cinderblock permanent foundation, then it would be
allowed. What brings this issue to light now is that there is a doublewide manufactured home for
sale on T West that is not on a permanent foundation; the question was raised as to what must be
done, because it does not agree with the ordinance. The current code states that a doublewide pre -
manufactured home can be brought in and put on a concrete foundation if it is new. Public Works
Director Millar asked the council how they want to handle this situation. He asked if the double
wide would be allowed to stay if it is put on a permanent foundation. He said there are two options.
Option 1: It is not in compliance with the ordinance because it is not new, so and the double wide
will have to be moved. Option 2: Allow the few double wide pre - manufactured homes to stay with a
17
permanent foundation and become real property whether they are brand new or not. There are
about four double wide pre- manufactured homes in the city on temporary foundations.
Public Works Director Millar recommended all single wide trailers not in compliance with
Ordinance 584 be required to move to a mobile home park or be moved out of the city.
City Attorney Zollinger explained the code is in place and the Planning Commission is asking to
bring the noncompliant trailers into compliance. The federal code did not require permanent
foundation when they were allowed to become real property. The council discussed the cost to
install a permanent foundation. Council Member Stevens asked to make it a condition of sale similar
to the sidewalk ordinance.
Public Works Director Millar explained the 4` West property for sale will comply if the city will
allow an older double wide to be installed on a permanent foundation. Council Member Woodland
clarified that this would just allow older double wide pre - manufactured homes to be put on
permanent foundations asked for clarification. Council Member Schwendiman reviewed who would
be notified. Public Works Director Millar said they all need to be notified outside of approved trailer
parks.
Community Development Director Christensen explained a person will want to buy a double
wide and put it on a permanent foundation to turn it into real property.
City Attorney Zollinger explained the request is for the City Council to allow four or five double
wide pre - manufactured homes to go onto permanent foundations. The single wide homes would be
disallowed if not in a trailer park. There may be seven to ten single wide homes. The Compliance
Officer could contact the single wide home owners to explain the ordinance.
Community Development Director Christensen explained when an original owner dies the trailer
would have no value. City Attorney Zollinger explained mobile homes parks may not allow single
wide trailers. He asked for a one year window or owner occupied status to resolve single wide issues.
The City Council agreed to have staff take a "non- bulling" approach to resolve the trailer issues.
Staff Reuorts:
Public Works John Millar
Report on Projects
Public Works Director Millar explained 4` North is now paved, there is a piece of road by the
Municipal Golf Course is set to be paved Friday as well as the ride share parking lot will be paved.
He said with the drive around work meeting, most street issues and projects were discussed.
Council Member Mann asked if the residents on Sunrise Drive that will be affected by the
construction have been contacted. Public Works Director Millar said this project has begun, but he
will verify that they are all aware of the project.
Council Member Stout asked about a hole in the Oakbrook subdivision. He asked if this could be
looked at and put some kind of cover over the hole. He is worried about children getting hurt in this
area. Public Works Director Millar will look into this and get something around this hole to make it
safer until a permanent fix can be made.
18
Calendared Bills and Tabled Items
A. BILL Introductions:
1. BILL 1007 is a Franchise Agreement with Fall River Electric — Staff
Mayor Larsen reviewed the newly annexed properties utilizing Fall River Electric. Other City
residents are receiving electric service from Rocky Mountain Power with a Franchise Agreement.
Council Member Schwendiman moved to waive the rules for BILL 1007. Council Member
Woodland seconded the motion. Roll call vote:
Those in favor: Those opposed:
Adam Stout NONE
Randy Schwendiman
Bart Stevens
Chris Mann
Rex Erickson
Richard Woodland
The motion carried.
Council Member Schwendiman moved to accept BILL 1007 as third read and adopted. Council
Member Woodland seconded the motion. All voted aye, none opposed. The motion carried.
B. First Reading: Those items which are being introduced for first reading. - NONE
C. Second Reading: Those items which have been first read. - NONE
D. Third Reading: Those items which have been second read. — NONE
Tabled Items Those items which have been the subject of an affirmative vote to a motion to
table: - NONE
Old Business
Mayor's Report
A. ITD Grant for Eastern Idaho Railroad "pedestrian crossing and crossing signal" at
Yellowstone Branch milepost 24.31in Madison County —John Millar
Public Works Director Millar explained the plan to install a pedestrian crossing and crosswalk
signal at University Blvd and South Yellowstone Highway. The grant will pay $114,000 towards the
total cost of about $118,000. The city will contribute only about $4,000 towards the new signal.
B. Approval to purchase a Bio -solids truck —John Millar
Public Works Director Millar explained this is a budget change request for a second larger bio-
solids truck which would allow the bio -solids to be moved more efficiently to the disposal site. This
was a budgeted item in last year's budget. He is asking for these funds to be moved from last year's
19
budget to this year's wastewater budget to purchase the truck. They are looking at a bio -solids truck
that is about eight years old that has about 150,000 miles on it for sale at $67,000.
Council Member Stevens moved to approve the budget adjustment request for $67,000. Council
Member Mann seconded the motion. All voted aye, none opposed. The motion carried.
Consent Calendar The consent calendar includes items which require formal
City Council action, however they are typically routine or not of great controversy. Individual
Council members may ask that any specific item be removed from the consent calendar for
discussion in greater detail. Explanatory information is included in the City Council's agenda packet
regarding these items.
A. Minutes from April 16, 2008 meeting
B. Approve the City of Rexburg Bills
Council Member Schwendiman abstained from voting due to his absence at the last meeting.
Council Member Mann moved to approve the consent calendar. Council Member Stevens
seconded the motion. All voted aye, none opposed. The motion carried.
Adjournment
Attest:
Blair D. Kay
City Clerk
Shawn Larsen
Mayor
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