HomeMy WebLinkAboutREASON FOR DECISION - 18-00684 - 1200 Development Code OmnibusReason for Decision
City of Rexburg
35 North N East Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
Rezone 18-00684
Ordinance Amendment - Omnibus
OF REXBURC
u c
1. December 7, 2018, Application was received for an ordinance amendment to the
Development Code Ord. 1115.
2. December 12, 2018, Notice was sent to the paper to publish on December 181h and
December 28`h
CITY OF
REXBURG
America's Family Communit
3. January 3, 2019, the application was tabled due to lack of preparation by the Commissioners.
4. January 17, 2019, the application was tabled due to the lateness of the meeting and the lack
of preparation by some of the Commissioners. A work meeting was specifically scheduled
to address the changes to the Development Code on January 31, 2019 at 5:30PM.
5. January 31, 2019, a joint work meeting was held with the City Council and Planning and
Zoning Committee for this tabled request.
Attorney Zollinger has already presented the changes of the Development Code. This is an
attempt by City Staff to take the amendments made to the code over the last two and a half
years and include them in the text. Efforts have been made to remove redundancies and
begin the process of streamlining our code book and reduce it done to a more manageable
or common sense version of itself. A couple of new changes were presented to the
Commissioners.
Tawnya was given the task of trying to get rid of some of inconsistencies and redundancies.
Tawnya used the formatting of several other statutory books available, like the Building
Codes.
Tawnya explained as far as the print is concerned, the headings are color -coded according
to if that requirement applies to all the zones, the kind of zone, or a specific zone. The text
that is black has not been changed. If the text is red, the words have been changed; some of
the items have a strike through them, showing the words have been deleted, others that are
only red have been added. The notes off to the side identify where that information has
come from, why something has been changed, or other important notes.
Commissioner Steve Oakey thanked Tawnya for all the work she has done. Tawnya
found two items that need to be amended: the page numbers on the "Table of Contents"
aren't all correct. Attorney Zollinger suggested blank pages be inserted at the end of
sections of the Code, so if items need inserted, the entire book need not be printed again,
but the change would allow some space to use as needed. This would allow the printing and
replacing of only certain pages. This is a common practice in legal documents.
Page 1 of 4
Tawnya intends to make a table for all of the changes suggestea today.
Section or Location
Change Needed
Reason
Updated
Table of Contents
Sections need to match page
Accurate reference
X
numbers
End of each section
Pages left intentionally blank
Future additions; easy print
X
& update
Short-term rental
(See also Bed and Breakfast and
Clarify the other 2
X
definition
Boarding House as categories of
categories of short-term
short-term rentals.)
rentals
3.05.120 Blade signs
Complete sentence needed
X
Definitions
Visual definitions for signs
Commercial Design
Move the requirements to the
This matches the rest of
X
Standards
front of the commercial section
the formatting.
Commissioner Oakey talked about the short-term rentals and the Idaho Statute. Much
discussion went on about the different levels of short-term rentals including "bed and
breakfast" and "boarding houses". Changes in the definitions for these levels would require
the ordinance and public heating process. An addendum was suggested, "See also Bed and
Breakfast and Boarding House as categories of short-term rentals," to the short-term rental
definition. Chairman Rory Kunz clarified new items have not been added to the Code.
Tawnya has changed the items that contradict each other and those that are redundant. The
purpose is to approve the condensation of the current code book. A formal hearing will be
needed for any changes other than clarifiers. We have short-term rentals in all the residential
zones within the city. Attorney Zollinger stated there will be continuing work on the
verbiage in the Development Code, trying to get back to six zones and qualifiers within the
zones. Commissioner Oakey would like to part of this discussion. Within six weeks, a
presentation will be given on form -based code in the downtown area, the densest part of the
City.
Commissioner Oakey noticed on p. 243, the project scoring from the infill/redevelopment
area. We could probably remove the infill/redevelopment area requirements. He would like
the manufactured/mobile homes chapter 12 removed to allow renters a step up to home
ownership. He suggested possible removal of parking minimums, citing an article called
"The Parking Problem that Wasn't," by Rachel Quednau, written March 14, 2018. He has a
handout to share the information with the Commissioners and City Council and he
encourages them to use this as a beginning place for research about possible parking
solutions. Development downtown run into parking problems.
Commissioner Darrik Farmer stated the housing is not a free enterprise system. The
BYU-I campus regulates housing by percentages.
Mayor Jerry Merrill stated that it would be nice if they didn't have to have parking rules.
However, there are always people that complain to the city their parking is being used by
others. City Councilman Tisha Flora stated an example of students' parents who call her
wanting to know what she will do to solve this student's problems with parking. Tisha tells
the parents this is a private entity and asks about any contracts that may be involved. Tisha
tells them the City is aware of the parking problems and is trying to figure out solutions. She
personally allows the student to park in her driveway until a place can be found to park the
vehicle. Housing is thinking a solution is a parking lot 1200' from their doors.
Page 2 of 4
Tawnya refocused the meeting on the errors in the Development Code. Kristi Anderson
brought up the requirements in Mixed Use regarding the additional units incentive for a
parking structure. Is there a limit? To go higher, you would have to go seven or nine stories
to get a greater density than 42 units; this is self-governing. Two projects were
contemplating parking structures that could not make a parking structure pencil with the
limited densities in place. The parking requirement is not reduced. This new rule was
identified and brought to the attention of the Planning & Zoning Commission at their first
meeting on this Development Code organization.
Section or Location
Change Needed
Reason
Updated
Table of Contents
Sections need to match page
Accurate reference
X
numbers
End of each section
Pages left intentionally blank
Future additions; easy
X
print & update
Definitions
Visual definitions for signs
Duplex
Amended language
Clarify
X
Short-term rental
(See also Bed and Breakfast and
Clarify the other 2
X
definition
Boarding House as categories of
categories of short -
short -term rentals.)
term rentals
Daycare & Nursery
Unclear; number of children
Compliance with
X
Schools definitions
missing
State statute
3.05.120 Blade signs
Complete sentence needed
X
Commercial Design
Move the requirements to the
This matches the rest
X
Standards
front of the commercial section
of the formatting.
Commissioner Daxrik Farmer feels the grammar and clerical errors should be done in
smaller groups. The Commission is more involved in content. The discussion tonight is
more of what the Commission and Council members should be involved in.
Commissioner Todd Marx asked about the nursery schools definition on P.M. The state
regulates these schools based on the conditions of the property. In the past, the licensing
was regulated by the number of children. Tawnya will find the statute and bring these
numbers and definitions into alignment with the nursery schools and daycare definitions.
Commissioner Melanie Davenport suggested on p.80 blade signs 3.05.120. was an
incomplete sentence. The sentence was amended to be complete. She suggested an
illustration or visual definition for types of signs, their size and scale. The sign section,
spatially is difficult to visualize and a picture would be more beneficial.
Chairman Rory Kunz suggested reviewing the yellow highlighted areas. This included the
duplex and twin home definition. Two lengths were given for manufactured homes: mobile
homes 32' and manufactured homes are 45'. This requirement was left as is. The parking
spaces listed for call center 0.6 spaces per employee. The subjective requirement remained
as an item to be removed. The awarding of density bonus points system should be clarified
in the future to take out the subjectivity. Impact Area zoning of A-1, A-2, and RR zone
requirements have been removed, because there was already a regulation that all of the
current zones would apply to the Impact Area.
Page 3 of 4
MOTION: Motion to recommend the City Council appro. _ the changes to the
Development Code omnibus with tonight's amendments., Action: Motion, Moved by
Darrik Farmer, Seconded by Kristi Anderson.
Commission Discusses the Motion: None
VOTE: Vote: Motion carried by unanimous roll call vote (summary: Yes = 10).
Yes: Bruce Sutherland, Darrik Farmer, John Bowen, Keith Esplin, Kristi Anderson,
Melanie Davenport, Rory Kunz, Steve Oakey, Todd Marx, Vince Haley.
City Council Meeting February 6, 2019
Ordinance 1200 #18-00684 — Development Code Codification - Stephen Zollinger
City Attorney Zollinger explained the recommended changes to the Development Code
Codification were discussed in a previous City Council and Planning and Zoning work meeting. The
clerical adjustment and clarification to some of the definitions have been entered by Planning and
Zoning Administrative Assistant, Tawnya Grover. Council Member Flora requested a hard copy of
the amendments. Council Member Wolfe said the Planning and Zoning Commissioners met
regarding the code amendments at length. Planning and Zoning unanimously recommended
approval of the Development Code Codification.
Council Member Wolfe moved to suspend the rules for Ordinance No. 1200 to approve the
Development Code Codification; Discussion: Council Member Flora mentioned in the Planning and
Zoning Meeting Commissioner Steve Oakey made valid points regarding the Development Codes
that are no longer valid. She asked Mr. Oakey to address the invalid codes in the Planning and
Zoning meetings. Council President Smith commended city employee Planning and Zoning
Administrative Assistant Tawnya Grover for the work she completed in updating the Development
Code; Council President Smith seconded the motion; Mayor Merrill asked for a roll call vote:
Those voting ave
Council Member Flora
Council Member Mann
Council Member Wolfe
Council Member Busby
Council President Smith
The motion carried
those voting nay
None
Council Member Wolfe moved to third read and approve Ordinance 1200 for Development
Code Codification; Council President Smith seconded the motion; Mayor Merrill asked for a vote:
Those voting ave
Council Member Flora
Council Member Mann
Council Member Wolfe
Council Member Busby
Council President Smith
The motion carried
Page 4 of 4
those voting nay
None