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HomeMy WebLinkAboutFINDINGS OF FACT - Gordan & Chantelle Madson - 342 S 4th E - CUP for a duplex in LDR1FINDINGS OF FACT FOR CONDITIONAL USE PERMIT On October 3, 2002, Gordon and Chantelle Madsen presented to the Rexburg City Clerk a Request and Application for a Conditional Use Permit on property located at 342 South 4`h East in the City of Rexburg, said property for a family duplex. 2. On October 17, 2002, Gordon and Chantelle Madson appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit of said property for a family duplex. A motion was made and passed to table this request for a Public Hearing until the Commission has had an opportunity to get direction from the City Council on the planned Zoning Ordinance changes for duplexes. 3. On December 5, 2002, Gordon and Chantelle Madsen appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit of said property for a family duplex. It was recommended that this request should go to public hearing. 4. On December 27, 2002, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on December 30, 2002, and January 13, 2003. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 5. On January 16, 2003, Gordon and Chantelle Madsen appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit for a family duplex on property located at 342 South 4'h East. A motion was made and passed to approve the Conditional Use Permit allowing the apartments, requiring the owner of the property to maintain two parking stalls per unit in the driveway and the garage; also the owner must follow conditions outlined in the Rexburg City Zoning Ordinance 725 Section 6.13. StephA Zollinger, City Atbfney REXBURG PLANNING & ZONING January 16, 2003 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz - Excused Ted Whyte DaVawn Beattie - Excused Mike Ricks Steve McGary - Excused Doug Smith - Excused Jerry Hastings - Excused Mary Haley Jordan Dyer David Stein P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay ConsentAeenda: The consent agenda includes items which require formal Planning Commission action, however they are typically routine or not ofgreat controversy. Individual Commission members may ask that any specific item he removed from the consent agenda for discussion in greater detail. Eaplanatoryinformation is included in the Planning Commission's agenda packet regarding these items. i. Minutes from the January 09, 2003 meeting Deferred approving the minutes to the next meeting. New Business: Comprehensive Plan Change request (1st North to 1st South on East Main Street) East Main Street Neighborhood Association Kurt Hibbert — Reviewed the proposal on the overhead screen. The request is to change two blocks on the Comprehensive Plan from Commercial to Residential. The zoning map indicates a residential zone with a professional overlay for part of a block. Raymond Hill - 228 East Main Street - Representing the East Main Street Neighborhood Association gave the proposal to the Commission to change the Comprehensive Plan on the East end of Main Street. The current use of the properties is for Commercial and Residential with a Professional Overlay on the Residential Neighborhood. Grandfathering of existing use would be allowed under the proposed change of the Comprehensive Plan. The leadership of the organization discussed the issue and decided to present the proposal to the City of Rexburg. Discussion on the proposal being deferred until there is a review of the entire Comprehensive Plan in a Public Hearing. Ted Whyte moved to table the proposed changes until the Public Hearings are held on the Comprehensive Plan; Mary Haley seconded the motion; Discussion on the timing of bringing the request off the table and moving the proposal ahead with other proposals to change the Comprehensive Plan. All voted aye, none opposed. The motion carried. Noncontroversial Items Added to Agenda - None presented Public Hearings: 7:25 p.m. 342 South 4"' East - Conditional Use Permit for a family duplex-LDRI Kurt Hibbert - Reviewed the proposal on the overhead screen. Chantel Madsen - 13704 South Rocky Point Drive, Harriman, Utah - Commented on the proposal to continue to have apartments in the home. They are planning to rent to families. Winston Dyer - Requested the applicant to explain the history of the rental units. The applicant reviewed the reasons for buying the home for rental units. Chantel understood that it was a permitted use in LDR1 Zoning. It is a spit entry home with a partial wall to divide the entry between the apartments. Winston asked Chantel if she knew of other rentals in the area. Winston discussed the need to avoid commenting on limiting renting the rental units to specific types of renters. Mary Haley - Questioned if the home had been used as a rental by the previous owner. Chantel indicated that they have modified the home to have two units in the home. Kurt Hibbert - Indicated that the Staff has reviewed the proposal and approved the request to go to Planning and Zoning. Those in favor of the proposal: Konda Fullmer — 428 South 4 I East — Manager of the rentals — She is in favor of the proposal. Konda indicated that the Neighborhood Association on 3`d East supports the proposal. David Peck — Vice President of the 3`d East Neighborhood Association — Commented that the neighborhood is in favor of the proposal if the units fit the requirements of the law. They would like to preserve and enhance the existing neighborhood atmosphere. They will support compliant conditional uses of homes that are already in existence. Those Neutral to the proposal, neither for nor against: None given Those opposed to the proposal: No oral statements given Winston Dyer — Read a letter from John Bowen asking to deny the request to allow more apartments in the neighborhood. John would prefer to have single family homes remain as single family units in his neighborhood. Rebuttal statement from the applicant. Chantel Madsen agreed with the letter — She commented that the parking availability with the rental units limit the units to married housing. Public testimony was closed. Discussion on the right of a property owner in LDR1 to have a Conditional Use Permit for an apartment. Ted Whyte — Commented on the fact that the applicant came to the City for approval after the home was converted to apartments. Kurt Hibbert — Asked if the applicant had received a Health Safety letter. Winston Dyer — This request was tabled a few months ago due to City Zoning discussions. This request is permitted in an LDR1 Zone. Ted Whyte — Discussed the parking and life safety issues being reviewed by the City. Mary Haley — Indicated that the neighborhood seems to support the proposal. Mary reviewed the family definition that was recently adopted by the City of Rexburg. This family definition will limit the number of single people that would be allowed in a rental unit. The definition of a "family" that was adopted by the City of Rexburg in 2002 states the following: "A group of one or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit, provided that at least one of the following situations exists: A) At least one of the group is related to all of the other members of the group within the third degree of kinship; B) The group is divisible into two subgroups, each composed of at least one person who is related to all other members of the subgroup within the third degree of kinship; or C) All such persons are handicapped persons as defined by the Idaho Code Section 67-6531 or in Title VII of the Civil Rights Act of 1968, as amended by the Fair Housing Act Amendments of 1988 or any subsequent amendments to the foregoing regulations." Stephen Zollinger — Indicated that there could be two non related people in each unit with their own family units combining into one family unit. Mary Haley — Reviewed the ability of the permit to be transferred to the next owner. David Stein moved to approve the Conditional Use Permit allowing the apartments, requiring the owner of the property to maintain two parking stalls per unit in the driveway and the garage; also the owner must follow conditions outlined in Rexburg City Zoning Ordinance 725 Section 6.13. Jordan Dyer seconded the motion; all voted aye, none opposed. The motion carried. Zoning Ordinance 725 Section 6.13 B. Standards Applicable to Conditional Use Permits. The approving body shall review the particular facts and circumstances of each proposed conditional use and shall find adequate evidence to show that the proposed use will: (1) Constitute a conditional use as established in Table 1, Zoning Districts, and Table 2, Land Use Schedule. (2) Be in accordance with a specific or general objective of the City's Comprehensive 13 REXBURG PLANNING & ZONING December 05, 2002 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz Ted Whyte - Excused DaVawn Beattie - Excused Mike Ricks Steve McGary Doug Smith - Excused Jerry Hastings Mary Haley - Excused Jordan Dyer David Stein P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger - Excused City Clerk Blair D. Kay APPROVAL OF MINUTES Minutes of November 21, 2002, will be approved on December 19, 2002. Winston Dyer - The following Commissioners were excused from the meeting: Ted Whyte, DaVawn Beattie, Doug Smith, and Mary Haley. Noncontroversial agenda items: Raymond Hill — Inquired on the process to change the Comprehensive Plan for the City of Rexburg. Raymond would like to change the block located at the east end of Main Street on the South side of Main Street to residential from the current Commercial designation. Kurt Hibbert — Indicated that the request could come in the form of a letter. Discussion from the Commissioners concerning the current Comprehensive Plan and possible changes that could improve the planning process for the City. The new Historical Preservation Ordinance was reviewed as a tool to preserve structures of historical significance. Neighborhood Associations are welcomed and encouraged to provide input to the Commission on zoning issues for their nes or oo s. Medical Office Addition — Dr. Craig Heiner Winston Dyer — Reviewed an approval for the Heiner site plan in 1988 for an office expansion. The Chair asked for a motion or debate on the request. The neighborhood association does not object. Steve McGary moved to approve the site plan as approved in 1988; Mike Ricks seconded the motion; all voted aye; none opposed. The motion carried. Public Hearine 7:10 pm City of Rexburg — Rezone property between the RR Tracks and 295 North 1" East from (Light Industrial) to.(Open Space) Winston Dyer opened the Public Hearing for the Zone change. There was discussion on the definition of Open Space Zoning. The discussion centered on removing Open Space Zoning for Public Facilities. Kurt Hibbert — Discussed the request from the City of Rexburg to change the property to an Open Space Zone. Those in favor of the rezone request: Kurt Hibbert represented the City of Rexburg in support of the change. Those neither for nor against the proposal: None given. Those against the proposal: None given. Winston closed the public testimony. Kurt Hibbert — Continued to review the location of the property on the overhead screen. There is one access off 2nd North near the rail road tracks that is 99 feet wide. There was some discussing on adjoining properties. Jerry Hastings moved to approve the zone change request and send it to City Council; David Stein seconded the motion to change the zoning to open space; all voted aye; none opposed. The motion carried. Request for a Conditional Use Permit — 342 South 4`" East Gordon & Chantelle Madson Robert Schwartz moved to bring this request back off the table; David Stein seconded the motion; all voted aye; none opposed. The motion carried. Kurt Hibbert- Reviewed the proposal on the overhead screen. The Staff indicated that the home passed the health and safety review. Winston clarified that this request is to get approval for an existing use. They are seeking a permit from the City of Rexburg. The question is to whether to send this request to public hearing or to turn down the request. Mike Ricks moved to send this request to a Public Hearing; Jerry Hastings seconded the motion; all voted aye; none opposed. The motion carried. A Public Hearing will be scheduled at the next available meeting. Mike Ricks - Commented on the Chamber of Commerce sign being placed in the highway right of way. The Commissioners would like the Chamber to comply with the conditions set forth when the sign was approved by the Planning Commission June 26, 2002. Kurt was asked to have the sign relocated in the approved location. The Commission discussed the sale of used cars on private lots around town. Kurt Hibbert — Reviewed the neighborhood meetings scheduled for next week. The Widdison Addition and the Rexburg Acres Addition have one hour information meetings scheduled at City Hall. Discussion on the adoption of an RR2 Zone before the annexation proposal can be processed. Kurt recommended completing the Zoning Tables before the Comprehensive Plan is changed. He recommended changing the format of the Zoning Ordinance to be user friendly. This would be a significant rewrite of the Zoning Ordinance. Stephen Zollinger — Commented that the new language for the Zoning Ordinance would have to contain the exact language before it can be adopted by the City Council by Ordinance. Discussion on the methodology for changing the Zoning Ordinance. The Commission is planning to reform the current zoning ordinances. Craig Rindlisbacher — City/County GIS Manager — He has some background in planning. Craig reviewed the history of the planning process for Ricks College. Craig discussed the long range planning process. He commented on necessary processes for successful planning. Craig commented that "planning is messy" and "the process is more important than the product'. He talked about the spin out process from a central plan. Many heads (people) are needed to create a plan. The planning principles can be sound but the opportunities will change. Craig said, "If the plan is in place we can implement them (opportunities). However, "If the opportunity appears and the plan has not addressed it; it is too late". Craig mentioned that the current Comprehensive Plan planning does not address growth for the North entrance to Rexburg. He reviewed the importance of relationships and schematics in the plan. They are the most critical components of the plan. Craig reviewed the schematic plan for the University of Idaho. It says: "The core of the campus will be academic facilities and the peripheral functions go on the outside". This is not how the campus was originally configured. The plan ("This idea') moved facilities in that direction over time. The schematic says more about the relationship of the components of the plan than the actual plan. Craig commented that "those are the important elements of the plan". REXBURG PLANNING & ZONING November 07, 2002 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz - Excused Ted Whyte DaVawn Beattie Mike Ricks Steve McGary Doug Smith Jerry Hastings Mary Haley Jordan Dyer David Stein P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay APPROVAL OF MINUTES DaVawn Beattie made a motion to approve the minutes with minor corrections from October 17, 2002, Mary Haley seconded the motion, all voted aye, none opposed. The motion carried. Noncontroversial agenda items: None Public Hearings 7:05 pm Zone change request from LDRI (Low Density Residential) with a Professional Overlay to CBD(Central Business District) - 2/3 of the 3rd Block on East Main St. Between Main and 19` South which includes the Professional Plaza. Kurt Hibbert - Reviewed the proposal on the overhead screen. He identified the Professional Overlay for the Zone change request on the map. This request was initiated to bring the area into compliance with existing use. The LORI green space requirement precluded Dr. Craig Heiner from obtaining approval for a proposed business expansion project. The City proposed to change the Zoning to a Commercial Zone. Mary Haley moved to send this request to a Public Hearing for a Conditional Use Permit for a Home Occupation Permit at 361 East 4'h South, Jerry Hastings seconded the motion, Discussion Paragraph 16 and Paragraph 12. 12) No equipment or process shall be used in a home occupation which creates noise, place, vibration, or fumes, or odor detectable to the normal senses off the property. 16) Under this section, a family child care may have up to six children at any one time. The care of additional children shall require a conditional use permit under chapter 6.13. Valerie Doggett - The neighbors have offered support for the proposal. She does not plan to expand the number of students. Winston thanked the Doggetts for their patience. All voted aye, none opposed. The motion carried. Request for a Billboard Sign - 499 Airport Road - Meadow Outdoor Advertising - Rick B. Eardley Stephen Zollinger - Requested that this request be tabled for two weeks to allow Staff review. Mike Ricks moved to table the request, Jerry Hastings seconded the motion, all voted aye, none opposed. The motion carried. Request for a Conditional Use Permit - 342 South 4'h East - Gordan & Chantelle Madsen This request was not brought off the table. (It was tabled for 60 Days October 17, 2002) Design Standards - Kurt Hibbert Kurt Hibbert - Reviewed examples of zoning in other cities. The examples were reviewed by the Commissioners. They were very interested in the information. The zoning in Provo, Utah was discussed. Winston Dyer - Commented on the next step that the Commission needs to take to proceed to incorporate new zoning categories into the Rexburg Planning and Zoning Ordinance. The process of implementing new zone changes was discussed. It is the same procedure as with other Ordinance modifications. Discussion on preparing a model zone scheme for the City of Rexburg. 16 Stephen Zollinger - Commented on the creation of new zones for Rexburg. New zones can be created, however, they can not be implemented until a new Zoning Ordinance has been approved. Stephen offered a copy of the Zoning Ordinance for Moscow, Idaho. A new list of zones needs to be created and assigned on the Zoning Map. This Map can then be sent to Public Hearing. Discussion on the differences in Commercial Zoning for Provo, Utah and Moscow, Idaho. Provo has micro managed their Zones. Discussion on the methodology to use for the Rexburg Zoning Plan. Winston Dyer - The Commission is in agreement to modify the code (General Recommendations would be in order for the Zoning changes) Kurt Hibbert - Provided some examples of Design Standards to the Commission. Jerry Hastings - Commented on the need to be consistent in the application of the Zoning Ordinance. Jerry wants to be fair with the applicants. He would like a Zoning Ordinance that can be applied fairly and consistently. DaVawn Beattie - Commented on the quality of the Provo Zoning Ordinance. It has been developed over many many years. Ted Whyte - Requested that the new zoning for Rexburg needs to be designed for the City of Rexburg. It needs to be sized for Rexburg. The new zones need to be pertinent to Rexburg. Jerry Hastings — The Comprehensive Plan is the over view for City Planning. Discussion on fine tuning the current Comprehensive Plan and adding some new zones to the list. Winston Dyer - The meeting for November 21, 2002 will be used to continue this discussion on new zones for the Planning and Zoning Ordinance. Winston Dyer - Design Standards will be reviewed in the December 05, 2002 meeting. The pending requests will be deferred. Kurt Hibbert - Reviewed some of the design standard that were given to the Commissioners. One issue that is affecting Rexburg is the three car garage requests on small lots. Mike Ricks - Commented that a developer needs to notify lot buyers of the limits imposed on the development of the property by the size of the lot. Ted Whyte - A three car garage can be accessed on the side of the home and still fit on a smaller lot. Jerry Hastings - Reviewed the issues of selling lots that are un -plated. 17 Discussion on notifying the public of the green space requirement for residential housing before they buy the property. Small lots are a problem for three car garages. Kurt Hibbert - Commented on a pending request from residents to re -zone some of the area on 3rd East from LDRI to LDR. Winston Dyer - Indicated that the Comprehensive Plan would drive Zoning. The six month waiting period has expired. There are requestors that are asking for Comprehensive Plan changes. The current Comprehensive Plan is an excellent foundation to use in this review and re -design process. Mike Ricks moved to have the road widths on private property be set at 30 feet with the parking stalls at current lengths or increase the full size parking stalls to 20 feet and the compact parking stalls to 18 feet with a 24 foot isle width. Jerry Hastings seconded the motion, (Discussion on two way traffic driveways through parking lots). The motion was withdrawn. Stephen Zollinger - Reviewed the Planning and Zoning Commission's charge to give technical recommendations based on the Planning and Zoning Ordinance. Adjourned November 8, 2002 (12:40AM) W REXBURG PLANNING & ZONING October 17, 2002 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz Ted Whyte DaVawn Beattie P.F.C. P & Z Administrator City Attorney City Clerk APPROVAL OF NM%JMS Mike Ricks Steve McGary Doug Smith - Excused Jerry Hastings Mary Haley Jordan Dyer David Stein John Millar Kurt Hibbert Stephen Zollinger Blair D. Kay Jerry Hastings made a motion to approve the minutes from October 03, 2002 with some name corrections, Robert Schwartz seconded the motion, Ted Whyte and Winston Dyer abstained, none opposed. The motion carried. Noncontroversial aeenda items: Kurt Hibbert - Requested some time on the agenda to discuss Planning and Zoning Fees. New Business: Site Plan Review - 221West 4th South - (HDR) Singles Housin - Wade Webster Ted stepped down due to a conflict with the proposal. Kurt Hibbert - Reviewed the site plan on the overhead screen. The plan in the packet was redrawn to correct parking problems. The new plan was passed out to the Commission which indicated parking changes. Kurt reviewed the parking changes on the new plan. The building was decreased in size to make improvements in the site plan. The building is located farther from the parking area than allowed in the Zoning Ordinance. The building, parking and setbacks have been changed from the first request to comply with Zoning requirements. DaVawn Beattie moved to accept the site plan with the following conditions. 1) Meet City Staff Approvals 2) Street alignment with existing streets 3) Storm Drainage connection 4) Isle widths are recommended to go to 30 feet 5) Determine who will be responsible for waste disposal Robert Schwartz seconded the motion, all voted aye, none opposed. The motion carried. Request for a Conditional Use Permit - 342 South 4th East - Gordan & Chantelle Madson Kurt Hibbert - Reviewed the request on the overhead screen. The property is in an LDRI Zone. They plan to have one rental upstairs and one rental downstairs. It will not be owner occupied. Ted Whyte - Reviewed the history of the property. The owner of the home was Howard McCuistion. Ted indicated that he sold the home last spring; however he is not representing the requestor. Discussion on the need to keep neighborhoods in tact. If homes are converted into rentals, it will have a negative effect on single family neighborhoods. Jerry Hastings - Discussed the need to have a moratorium on single family homes being converted into rentals. Kurt Hibbert -The Commission has recently approved rentals in homes that were owner occupied. Winston Dyer - Indicated that the Commission is very sensitive to the issue of home conversions into rentals. The Conditional Use Process for rentals on an individual basis can lead to whole neighborhoods being converted to rental neighborhoods. Winston Dyer - Indicated the Commission and the City Council have already discussed this issue and their concerns with neighborhoods in LDRI Zones transitioning to rental neighborhoods through the Conditional Use Permit Process. Winston Dyer - Because the Commission has already discussed this concern and because it is already an open agenda item on Planning and Zoning and City Council meetings wherein there has been continued discussion to change the Zoning Ordinance to prevent the conversion of residential neighborhoods in LDRI to rental neighborhoods, the Commission has within its prerogative to table this request or indicate a moratorium on these types of requests until the Zoning Ordinance is changed. Discussion on the need to have a moratorium on Conditional Use Permits for rentals until the Zoning Ordinance changes have been adopted. Some Commission members indicated that they were uncomfortable with the current process of granting Conditional Use Permits for rentals. Stephen Zollinger - Indicated that the Commission can not discuss ownership or if the house is owner occupied. Winston Dyer - This request is an approved use within this zone with a Conditional Use Permit. It is a right that goes with the property and the zone. Kurt Hibbert - Discussion on the fact that the LDRI Zoning sends a signal that rentals are allowed. The City is communicating that as the zoning now stands, the City is encouraging rentals in this zone. Winston Dyer - Indicated that the zoning needs to be changed to avoid sending this signal. Kurt Hibbert - Indicated that although the current zoning allows rentals in LDR1, the City does not want to see this zoning change the make up of neighborhoods. Winston Dyer - Commented that the City Council and the Planning and Zoning Commission are working towards changing the Zoning Ordinance to more closely fit the resident's vision of Rexburg in the future. Kurt Hibbert - The current Zoning Ordinance indicates what the City is willing to allow, however it does not always convey what the residents want for their neighborhood. Winston Dyer - "Then it needs to be changed" - Winston indicated that both the City Council and the Planning and Zoning Commission are concerned with what the current City Zoning Ordinance allows. Stephen Zollinger - Reviewed the process for requesting a moratorium on non owner occupied duplexes. Ted Whyte - Ted is not in favor of a moratorium. It does not encourage. growth. However, Ted was concerned with the conversion of back yards into parking lots. Ted would like to get a directive from City Council on this issue. Jerry Hastings - Commented on the need for a moratorium for apartments in LDRI until the Zoning Ordinance can be changed to reflect the needs of residential neighborhoods. If City Council supports the moratorium, the Commission can move forward with changes to the Zoning Ordinance. Under the current Ordinance, if the request fits the parameters, the Commission would not be able to deny the request. Because the Zoning Ordinance does 6 not have Building Code requirements, the Commission can not limit the types of construction proposed in a given zone. An example would be to limit the length of an apartment complex by City Code. Stephen Zollinger - The Commission could state that they are changing the Zone. An example would be that LDRI would no longer have a Conditional Use for Duplexes. Winston Dyer - The Commission may decide to table these requests for 60 days until the Commission can clarify the options available to change the Zoning Ordinance. The Commission does not want to put an anti -growth signal out to the developers with a moratorium. Jerry Hastings - The best option would be to table these Conditional Use Permit requests for 60 days. Shawn Larsen - Requested information on the locations that currently have apartments in LDRI zoning. Without additional information on apartment locations, Shawn was unable to make any comments on the matter. Shawn is concerned with the number of apartments in residential neighborhoods. Jerry Hastings - The older neighborhoods are being affected. The continued expansion of Conditional Use apartments in residential neighborhoods needs reviewed. Kurt Hibbert - Commented that some neighborhoods may request to change from LDRI to LDR Zoning. This would eliminate future apartment rentals in these neighborhoods. Jerry Hastings - Commented on the Zoning for new subdivisions. Hidden Valley Subdivision is LDR Zoning. Stephen Zollinger - LDR re -zoning would not be retroactive. Jerry Hastings - Commented on restrictive covenants in subdivisions being able to control residential apartments. Stephen Zollinger - Residents need to comply with the restrictive covenants in their neighborhoods. The City will refer the applicant to the subdivision's restrictive covenants for compliance. Mary Haley - Questioned if a neighborhood could consolidate into a homeowner's subdivision retroactive restrictive covenants. Stephen indicated that he was not aware of any mechanism to do retroactive restrictive covenants for a subdivision. Mary is in a neighborhood that is part of the original Rexburg town site. 7 Jerry Hastings - The homeowners in that location could petition the City to change the Zoning. Stephen Zollinger - Commented on an existing subdivision having the ability to redo restrictive covenants if 100 percent of the residents agreed to the new covenants. Stephen Zollinger - Reviewed the City's procedure for subdivision -requests. Jerry Hastings - A 100 percent approval in a neighborhood is not required for a Zone change request. Stephen Zollinger - The City will act to approve or deny requests based on the best interests of the Community. Discussion on new subdivisions and restrictive covenants for the subdivisions. DaVawn Beattie - Questioned the possibility of tabling the request. DaVawn mentioned that as the request stand now, the Commission would have to approve it. Mary Haley - Questioned if any neighbors were aware of this request. The neighbors have not been notified of this request. Discussion on the need to table this request until the City can address the issue. Robert Schwartz - Discussed the fact that the applicant could not be denied this request if conditions set by the Planning and Zoning Commission were acted upon. Jerry Hastings moved to table this request for a Public Hearing on a Conditional Use Permit until the Commission has had an opportunity to get direction from the City Council on the planned Zoning Ordinance changes for duplexes. Steve McGary Seconded the motion, all voted aye, none opposed. The motion carried. Three Car Garage - 70% Green Coverage for front yards - Jon Berry - City of Rexburg Kurt Hibbert - Reviewed a letter from a City Inspector, Jon Berry. The letter reviewed the problem that a three car garage creates for the 70% green space requirement for a front yard. Discussion on the question of allowing three car garages on small lots. A 100 foot lot could not fit a three car garage without violating the 70% green space requirement. DaVawn Beattie - Reviewed a home in the City that has a lot that does not meet the ordinance for a 70% green space. Discussion on the problems that are created when the lots are designed with minimum front footage.