HomeMy WebLinkAboutALL DOCS - 14-00150 - Development Code Ord. 1026 Amendment - May 2014Ordinonce Amendmenl Applicolion
City of Rexburg
Phone:208.359.
www.rexDurg.org Fox:
Please complete this application and submit it to the community Devr
eighteen (18) copies of the application and any supporing documents.
All applications that are complete will be processJwith due criligence a
availability, for an upcoming agenda.
CITY
REXBURG
-.4 me rir a\ Fanr i Iy C o m m u ni t1
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Fees Required: Ordinance Amendment $500.00
Publication fee $300.00
/t /t $800.00
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2. Please provide the proposed amendatory language.
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3. Explain the purpose(s) for this amendment proposal.
4. what are the cumulative effects of this proposed ordinance amendment?
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(azSignature of Applicant
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Instrument # 399679
MgllEc,MADrsoN, rDAHo
:-rrI- 09:57:24 No. of pages: 3Recoltr for : ctTY oF Ff FYnr to^Recoltrfor: CtTy OF REXBURa'KIM H. MUIR
Ex-Officio Recorder Deputy
c I'i'Y 0 l-
REXBURG
A uerictti l;mt il.r. ( )o ruu n t tt il.y
ORDINANCE NO. 1115
Summary
DEVELOPMENT CODE
OF THE
CITY OF REXBURG, IDAHO
AN ORDINANCE REPLACING AND REPEALING ORDINANCES 548 AND 642 FOR MOBILE HOMEPARKS; REPLACING AND REPEALLING ORDINANCE 658 FoR mDrvrSroN pr-ars; REpLACTNG ANDREPEALING ORDINANCE 915 FoR CELL TowERs; nEpiacrNc AND REpEALING oRDINANCE l02lFOR PEDESTRIAN ZONES; REPLACING AND REPEALING ORDINANCES IO27 AND IO95 FOR SIGNAGE;AND REPLACING AND REPEALING ORDINANCE 1026 AS THE DEVELOPMENT CODE OF THE CITY OFREXBURG, IDAHO; MAINTAINING A DEVELOPMENT CODE FOR THE CITY OF REXBURG, DIVIDINGTHE CITY INTO DISTRICTS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN; REGULATING ANDRESTzuCTING THE HEIGHT, NUMBER OF STORIES, SIZE OF BUILDINGS AND OTHER STRUCTURESAND OBJECTS, MAINTAINING DESIGN STANDARDS IN THE DISTRICTS, REGULATING THEPERCENTAGE OF LOT THAT MAY BE OCCUPIED BY STRUCTURES, THE SIZE OF YARDS AND OTHEROPEN SPACES. THE DENSITY OF POPULATION, LOCATION AND USE Op BUILDINGS, STR'CTURESAND LAND FOR TRADE, COMMERCE, INDUSTRY, RESIDENCE AND oTHER PURPoSiS; pnovnruc
FOR VIOLATION OF THE PROVISIONS OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT oFTHE ORDINANCE; PROVIDING FOR EFFECTIVE DATE oF ORDINANCE.
BE IT ORDAINED BY the Mayor and council of the city of Rexburg, Idaho:
SECTIONI: ordinancesNumbered 548,642,658,915, 1021,10zi,t095andordinancel026ofthe City ofRexburg, Idaho, are hereby repealed,
SECTION II; The_Development _?t_:f $e city of Rexburg, Idaho, is herebyamended by the following SIGNIFICANT CHANGBS fN SUMMARY with detailedchanges highlighted in Appendix A.
SIGNIFICANT CHANGES TO THE DEVELOPMENT CODE IN SUMMARY
Section #Explanation of Change
2.21 combmed Nursery Schools and Day care centers to same d;finidon-
Listed zones that ailowed use.
2.21 Added definition of Drainase plan.
2.21 Added definition of Graels for sign height.
2.21 Added defimtron of Short Plat. The subdivision ordinance -". udd"d
as a Chaptet 72.
2.21 Added definition of Substantial Commerffi
3.4.025+changedlanguage tot aor*oo.ut ur. n.@
may be permitted. AIso took cuP requirements out of permitted Usesection and created its own section.
3.4,1,50+Added paragtaph about Hiqhwav 20 Corddor 51ffi
3.5.090+Added language to allow for proie.ctions into sJ
3.7.020+I anguage added to allow up to rwenty four (24) unitGer building
mstead of onlv four (4) units.
3.7.1,00+changed Allowable Building Height from trtirqv (jolreet to rorty (+ql
feet if not adiacent to a Low Densitv Residential Zone.
3.7.130+
2 o;;^'
Added new requirement for larg. housing proiects to dernorrsrrare
pedestrian connection to BYUL and a Substantial commercial Cluster.
3.13.100+Added language to require minimum side )'ard when roof sloped to face
neishborinq prooerw.
3.14.05+Added Call Centers to be allowed with Conditional Use Permit (CUP).
3.1.4.1,00 Added ianguage to require ten (10) feet of front
petcentaqe requfued for mixed use is lowered with a CUP.
3.1,5.20 Allow sas Dumps at convenience stores in Neishborhood Business
District.
3.19.025+Language to allow City Council to wave requilement of Single
Qwqership and Control.
3.20.020+Caretaker dwellings to be allowed as per the Planning and Zonng
Commission in Industrial Zones.
4.73+Lanzuase to allow smooth faced concrete block. tilt-un concrete
panels. prefabricated steel Danels and vinvl sidins from buildins sides
that arc not visual from street or public Darkinq.
4.1,4 ChanEes to the Commetcial LishtinE Standard. Overseen bv Brett--
Stoddard.
5.1 New parkinE lot or additions require buildine permit.
5.2 The PlanningandZontns Commission can approve p4lkbg&_bg
fartherthan200' with a CUP.
5,5 Residential tandem parkinE to be allowed when both soaces can beI
assigned to same dwelline unit.
5.8 Call Center Parkins requirements added.
5.9 Language to provide addiuonal parkinq in Central Business Disrict
(CBD) if new use requires more parkinE than traditional retail.
6.14 Language added to require Public Hearing at City Council when the
Council rules differendy than the Planning and ZodtngCommission
recommendation from their Public Hearing and to allow the Planning
andZontng Commission to require additional Public Hearing at City
Council fot any reason.
Chapter 1,2 Inclusion of the completely revised Subdivision Section. (eliminating
Ordinance 658) Overseen bv lohn Millar.
Chapter 13 Inclusion of the completely revised Mobile/Manufactured Home
Section (eliminatins Ord.548). Overseen by Natalie Powell.
+The plus sign indicates that the change also takes place in a succeeding
section(s).
SECTION III: Ptoviding for other substantive and non-substantive changes in the
Development Code as recommended and approved by the Planning and Zonng
Commission of the City of Rexburg, Idaho:
SECTION IV: Repeal. All othet otdinances and parts of ordinances in conflict with
this ordinance ^te hereby repealed.
SECTION V: The City of Rexbutg, Idaho City Council shall enact this Ordinance
No. 1115 repealing Ordinance 1,026 otherwise known as THE DEVELOPMENT CODE
OF THE CITY OF REXBURG, IDAHO upon its passage, approval and publication.
SECTION VI: Appendt\ A.
I, Stephen Zolltnget, City Attorney for the City of Rexburg, declare that in my capacity as
City Attorney of the City of Rexburg, pursuant to Idaho Code Section 50-901A (3) of the
Idaho Code as amended, I hereby cetify that I have reviewed a copy of the above cited
Summary Section of Ordinance 11 15 and have found the same to be true and complete and
to provide adequate notice to the public of the contents, including the exhibits, of Ordinance
No. 1115. DATED this 25'" day of |une,2074.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR this 25'n day
of
Blair D. I(ay, City Clerk
A complete copy of the ordinance is
Rexburg, Idaho.
on Rexburg.org or at City Hall, 35 North 1" East,
STATE OF rDAHO)
) ss.
County of Madison )
I, BI-AIR D. I(AY, CitYClerk of the city of Rexburg, Idaho, do hereby certifr: That
the above and foregoing is a fuIl, trrre and correct copy of the Ordinance Entitled:
AN ORDINANCE REPLACING AND REPEALING ORDINANCES 548 AND 642 FOR MOBILE HOME PARKS;REPLACING AND REPEAILING ORDINANCE 658 FOR SUBDIVISION PLATS; REPLACING ANDREPEAIING ORDINANCE 9I5 FOR CELL TOWERS; REPLACING AND REPEALING ORDINANCE IO21 FoRPEDESTRIAN ZONES; REPLACING AND REPEALING ORDINANCES IO27 AND IO95 FoR SIGNAGE; ANDREPLACINC AND REPEALING ORDINANCE 1026 AS THE DEVELOPMENT CODE OF THE CITY OFREXBURG, IDAHO; MAINTAINING A DEVELOPMENT CODE FOR THE CITY OF REXBURG, DIVIDINGTHE CITY INTO DISTRICTS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN; REGULATING ANDRESTRICTING THE HEIGHT, NUMBER OF STORIES, SIZE OF BUILDINGS AND OTHER STRUCTURESAND OBJECTS, MAINTAINING DESIGN STANDARDS IN THE DISTRICTS, REGULATING THE
PERCENTAGE OF LOT THAT MAY BE OCCUPIED BY STRUCTURES, THE SIZE OF YARDS AND OTHEROPEN SPACES, THE DENSITY OF POPULATION, LOCATION AND USE OF BUILDINGS, STRUCTURES
AND LAND FOR TRADE, COMMERCE, INDUSTRY, RESIDENCE AND OTHER PUMOSES; PROVIDINGFOR VIOLATION OF THE PROVISIONS OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THEORDINANCE; PROVIDING FOR EFFECTIVE DATE OF ORDINANCE.
PASSED BY THE CiTY COUNCIL AND APPROVED BY THE, MAYoR this 25,h day
of lune. 2014.
Blair D. IGy, City Clerk
.,.'iltlil ! I I lllit/4,'r,.
..,q$"nr .ft#KZ
atd S. !7ood
Findings of Fqcl
City of Rexburg
Phone: 208.359.3020
Fox: 208.359.3022
Development code ordinance No.1026 Amendment - May 2014
(File #14 001s0)
Rexbutg City Staff and the P&Z Commission have worked on the Development Code 1026
revisions and clean up as time has allowed fot over a yeaL
The curent Development Code Ordinance No. 1026 will be revised and cleaned up to make
the code more concise. The Subdivision Ordinance and the Mobile/Manufactured Home
Ordinance will be added to the Development Code document.
On Apdl 3,2014, the Rexburg Planning &ZonngCommission made a morion the City
Council tegarding holding a public hearing to adopt the proposed changes to Development
Code Ordinance 1026.
Dan Hanna motioned to recofirmend to the City Council for Public Hearing the adoption of
the Development Code with ptoposed changes. Thaine Robinson seconded the motion.
None opposed. Motion caried.
Stephen Zollinger clarified that this would amend Development Code Ordinance No.1026.
A. (BILL 1115) to Amend the Development Code (Ordinance No. 1026) to simplify the code
by removing conflicts - Staff
3. Aptil16, 2014 at City Council Community Development Director Christensen
reviewed the proposed changes to the Development Code on the May 27" City Council
agenda. He reviewed the following changes to the code:
SIGNIFICANT CHANGES TO THE DEVELOPMENT CODE SUMMARY
C]TY OS
KNXBURG
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An e rica"s Fam ily Cttmm uni ty35 Norih lsl Eosl
Rexburg, lD 83440 www.rexburg.org
1,.
2.
Section #Explanation of Change
2.21 Combined NutserJ' Schools and Dav Care Centers to same d"fi"itiffi
use.
2.21 A dded de firnition of Drainags_Plaq.
2.2r Added definition of Grasle for sigq height.
2.21 Added definition of ShallPlal. The Subdivision ordina".. *"@
2.21 Added defilrtion of Substantial Commercial Cluster.
3.4.025+Changed language for Conditional Use Permits (CUP) from shall b@
took CUP tequirements out of PerrnlllLg!-U$s section and created its own section.
3.4.1.50+Added paragraph about ents.
3.5.090+Added language to allow for proiections into setback areas.
3.7.020+Language added to allow up to twenqv four (24) units per building itrtt"rd of onlv four_tCI_srrit$
3.7.1,00+ChangedAllowable Building Hei$t fiom thirty (30) feet to forw (40) f.@
Density Residential Zone.
Adled ""- i
and a Substantial Commerciai Cluster.
Language added to allow untoofed terraces. enciosed stair and elevato@
building without adding for their additional height.
3.7.130+
3.9.100+
3.1,1,.025+Added Day Care Centers and Nursery Schools ,, p"*itt.d *;@
document.
3.11.100 The building height in the Rutai Residential 1 rorr. -
five (25) feet to match the height in the Rural Residenttar2 zone.
3.13.100+Added language to require rntnfmum side vard when r;;ffi
3.1,4.05+Added eaLeen&$ to be allowed with Conditionul
3.14.100 Added language to require
mixed use is lowered with a CUP.
Alloy gas pumps at co ce stores ir N.ism3.15.20
3.1,9.025+Language to allow City Council to wave requirement "f .Si""l. Ouznershii qtur c^nrr.J
3.20.020+Caretaker dwellings to be allowed as pet the Planning andZontngCommission in Industriai
Zones.
Language to allow smooth faced
4+d:anylstding from buildiql sides that are not visuaf ft"- .o"* "t o"ntt. ourtn*.Ch""S.r," m. C
New parking lot or additions require buildins oermii
4.1,3+
4.1,4
5.1
5.2 The Planning and Zoning Commission can approv
5.5 lef,1oenflal l4Il@...P4!ES9 to be allowed when both spaces can be assigned to same dwelling unir
Callecnter&*iag reqqlemellts added.
Language to provide a4ditioqal oarking in Cenral
more parking than ftaditional retail.
5.8
5.9
6.14 Larguage aooed to requre/request a l'ubjrc Heanng at City Council when the Council rulesdifferendy than the Planning andZontngCommissiln recomrnendation from their public
Hearing and to ailow the Planning and ZontngCommission to require additional public Hearing
at City Council for any reason.
Chapter 12 rncruslon or tne comPletely tevtsed Subdrl,esion Sectjon. (eliminating Ordinance 658) Overseenby.John Millar.
Chapter 13 rncruslon ot the completely revtsed Mobile/Manufactured Home Section (eliminating Ord.548).Ovetseen by Natalie Powell.
the plus stgn indicates that the change also takes place in a succe.ding t".d"tr(r).+
Council Member Benfield asked for an explanation of Section 5.9; Community Development
Directot Christensen explained the original downtown site was designed fot rctiil;howev-er, callcenters need more patking spaces. Call Centers in the downtown ^re wete surveyed for paikingneeds; they needed parking for 60oh of theit employees because most employ... ur" maried
students Iiving outside the area. This new code would require additional prtkr"g above curent retailparking spaces for call centers located in the downtown area.
Council Membet Wolfe asked about 6.14 sayng"requires" versus "requesting,,. It should say
fequest.
4' At7:20 P'M. on May 2!,2014 the City Council held a public hearing to amend theDevelopment Code (Ordinance No. tOZe; to simpli$r ti. .od. by."tor.irg conflicts.
community Difectof val chtistensen reviewed the proposed amendments to the currentDevelopment Code (Ordinance 1026).
Council President Smith asked to review the Subdivision Section 72 of theordinance.community Director christensen reviewed the need for controls on subdivision plats, etc. It allowsthree lots ot less to.be. approved by Staff. council President smith wanted less complications andrestrictions for a subdivision plan. community Director christensen said Section 12 wouid make tl'eSubdivision Plats easier to administer.
Public wotks Ditecto-r-Millat explained Section 12 is not a complete rewrite of the currentsubdivision otdinance' Platting uttd lot size arethe same. The process has been simplified by havingcity engineering do the technical requirements fot inspections at th. developers cost.once a developer completes their developmenq th. iity has had to go back and redo portions ofthe development due to a lack of testing and other crite'iato meet dity standards. The developer isrequired to maintain a bondJor ot. y"* to cover any problems. council Member Merill said he hasbeen asked, 'lwhy does the City have all of these r.rt iiaior,r,,. It is due to a lack of follow throughon the development when it is under constructi.on.
City Attorney zollinger explained that the contractors are trymg to avoid the cost of theinspection' By doing the inspections ourselves it wiii be less expensive for the contractors.
Mayor woodland teferred to his subdivision not meeting city standards.
Council Membet Merrill said a plumber wanted more help from the city as a helper on theptoject' Inspectors need to be a resource to contractors. community Director chdstensen said it ispart of their training.
council Ptesident Smith relayed to community Director chdstensen that when they touredMountain Lofts, the owners were there and one of them said that wotking with Rexburg has beenabsolutely fabulous' They have eight projects going right now and commended Headwatersconstruction and praised the city foibeing tnl"r".i'rrJ" they needed them. community Directorchristensen said that th.y--^t: moving so f^t on the Mo,rnt'rir Lofts project that there have beentimes when he could hardly keep up.
Discussion on Neighborhood Business zones. community Director christensen refered to thedevelopment on 1" Noth that has a Neighborhood Business District. He reviewed the zoning onthe patcel map' council Member \x/olfe questioned if there were other neighborhood businessesstatted recently' community Directot christensen indicated there are no otler neighborhooddevelopments started.
Mayor $Toodland opened the public hearing.
Public Testimony in favor of the proposal (5 minute rimit): - NONEPublic Testimony neutral to the proposal (5 minute rimit): - NONE
?
Public Testimony opposed to the proposal (5 minute limit): - NONE
Rebuttal by applicant - NONE
Mayor Woodland closed the public headng for deliberations.
Deliberations:
Mayot Woodland asked for a vote:
Council Membet Busby moved to approve the amendments to the Development Code
(Ordinance No. 1026) to simpliSr the code by removing conflicts as proposed; Council Member
Merrill seconded the motion; Mayor \Toodland asked for a vote:
Those voting aye
Council President Smith
Council Member Mann
Council Member Benf,eld
Council Member Busby
Council Member Merrill
Council Member \)7oife
The motion caried.
5. OnJune 256,2014 at City Council BILL
Development Code (Ordinance No. 1026)
Those voting aye
Council President Smith
Council Member Mann
Council Membet Benfield
Council Member Busby
Council Member STolfe
The motion catried.
Those voting nay
None
1115 was up for 3" Reading to repeal and replace
to simplify the code by removing conflicts.
Those voting nay
None
Council Membet Busby moved to 3'd read and approve BILL 11 15 to repeal and replace
Development Code (Otdinance No. 1026) to simplift the code by removing conflicts; Council
Member Wolfe seconded the motion; Mayor \ilZoodland asked for a vote:
Findings of Fqcl
City of Rexburg
Phone: 208.359.3020
Fox: 208.359.3022
Development code ordinance No.1026 Amendment _ May 201,4
@ne #14 001s0)
'1" Rexburg city staff and the P&Z commission have worked on the Development code 1026revisions and clean up as time has allowed for over ayear.
The curent Development code otdinance No. 1026 will be revised. and cleaned up to makethe coder more concise. The Subdivision otdinance and the Mobile/Manufactured Homeordinance will be added to the Development code document.
2' On Apd 3,2014, the Rexburg Planning &ZonngCommission made a motion the Citycouncil regarding holding a public hearing to adolt the proposed changes to DevelopmentCode Ordinance 7026.
Dan Flanna motioned to recornmend to the City Council fot public Hearing the adoption ofthe Development Code with ptoposed changes. Th"irr. Robinson seconded the motion.
None opposed. Motion caried.
Stephen Zolltnger clarified that this would amend Development code ordinance No.1026.
PGXBURG
Americas Family Community
OF
35 Norlh lsf Eost
Rexburg, lD 83440 www.rexburg.org
NorrcE oF puB,,r. *o**o
TO AMEND THE CITY OF REXBURG(DEVELOPMENT CODE'(PLANNINGAND ZONING ORDTNANCE No. 1026)
by Ordinance 1.L15
NOTICE IS HEREBY GIVEN that a Public Hearing will be held May 27,2074, at7:20p.M. before thecity council of the city of Rexbutg, Madison counryl Idaho, to amend the curent DEVELOPMENTcoDE @I.ANNrNG AND ZONTNd ORDTNANCE No. 1026).
It is proposed by file (#14 00150) to review the cunent DEVELOPMENT coDE and make amendmentsto the document concerning substantive and non-substantive items. All proposed modifications to theDEVE'LOPMENT coDE may be reviewed at the offices of Plannin g^"aZon g o, tt " city clerk,soffice' The substantive changes amending ordinance 1026 @ysection) are delineated below:
OPMENT CODE SUMMARY
Combined Listed zones that allowed
Added definition of
Added definition of The subdivision ordina"@
Added definition of
Changedlanguage fot Cott
n and.r.ra"d its own section.3.4.150+Added paragtaph about Hi
Changed ^U"-"Ot" US
Low Density Residenti aI Zone.
3.7.130+Added new require-."i f*
and a Substantial Commercial Cluster.
Language added to allow
building without adding for their additional heiEht.3.11.025+f*l"j"H*u"d
3.11.100 The
five
Kesrdentul 1. zone was lowered from thirty (30) f."t t" t_""q,
1in the Rural Residenaal2 Zone.feet to match the
3.13.100+
3.1,4.05+to be allowed with Conditional-* p*""t (CUp),3.14.100
bothood Business District.3.19.025+to allow City Cou!.il to *rrr. ,.qrrirililt if5
garrl4Ls!rcUqgq r" b.
Zones.
Langaage to allow smooth faced
rn{siding from building sides that are not.riro"ifro- ,t ""ilto the Commercial T.iohd Overseen by Brett Stoddard-
ot additions require buildi
and Zorung Commission can
Residential
unit.
to be allowed when U"ttt rpu
Language to provide
than traditionai retail.
Language added to t.toit. po
f: I}:lf ::17:*:commissio" r.Jo*.ldu,ir'?om their public H""rl"s and to allowthe Planning and zonngcommission to require additional il;;";;;r,t[ic"""cil for anyIeason.
Chaptet 72 Inclusion of the completelyr.r.i@ (eliminating Ordinance 658) O"ers.en
Chapter 13 Inclusion of the completely t""
Overseen by Natalie Powell.
The phs srgn indicates that the
At such Public Hearing the city council will hear all persons and all objections and recommendationsrelative to the DEVELOPMENT coDE thal rytl b. propos"d. This notice is given to the provisions ofSection 67-6508,Idaho code and all amended thereof. Ties. amendments willilow more clariry to thecode and remove some conflicts.
The City Council encoruages alt City residents to paticipate in the process to amend theDE'VELOPMENT coDE' citizen's comments may be submitted to the city clerk in wdting or byematl during the fact finding period to the community Development office at 35 North 1,t East inRexburg.
The city clerk locate d at 35 North 1't East, will receive written input for this public Hearing prior to4:00 P.M. on May 20th,2074.
DATED this 14th day of Apdl ,2074.
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Pubd'1{3/d|r'M}} o:'o and May t7th,2014.
CITY OF REXBURG