HomeMy WebLinkAboutSTAFF REPORT - 08-00117 - Hemming PRO ZoneCommunity Development Department
STAFF REPORT
12 North Center garyt@rexburg.org Phone: 208.359.3020 ON
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3024
SUBJECT: Rezoning Application, file # 08 00117
APPLICANT: Lane Hemming
PROPERTY OVINER(S): Lane Hemming
3113 W 1000 N
Rexburg, ID 83440
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CITY OF
REXBURG
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America! Family Community
PURPOSE: Request to rezone area from MDRI, HDRI, and CBC to the Hemming
PRO Zone, a mixed use zone.
PROPERTY LOCATION: See application material
PROPERTY ID: See application material
COMPREHENSIVE PLAN: Mixed -Use
CURRENT ZONING: Medium Density Residential 1 (MDRI)
High Density Residential 1
Community Business Center
PROPOSED ZONING: Hemming PRO Zone (Project Redevelopment Option)
SORROUNDING LAND USES
AND ZONING: North: Residential, and Church, MDRI
East: Residential, MDRI
South: Residential, HDRI
West: Public Park, OS (Open Space Zone)
APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance Code 926)
§ 6.14 Amendments to this Ordinance
§ 3.30 Project Redevelopment Option (PRO)
AUTHORITY § 6.14 (E) "The Commission may recommend that the amendment be
granted as requested, that it be modified, or that it be denied"
§ 3.30.050(B) "The Planning Commission may recommend and the City
Council may adopt, modifications to PRO regulations and standards proposed by and applicant who, in the
- — -.
opinion of the approving authority, is needed to meet the intent and requirements of this chapter. "
Case No. 08 00117 Page 1
I. BACKGROUND
The application is a request to establish a Project Redevelopment Option (PRO) zone. Currently, the
property has three different zones; Community Business Center (CBC), High Density Residential 1
(HDRI), and Medium Density Residential 1 (MDRI). A rezoning of the property to a PRO zone
would allow for the mixture of uses within the block, and within buildings. The PRO zone would
also allow different setbacks and building heights than from what is currently allowed.
A PRO zone allows for the establishment for an entirely new zoning category within the City's
Development Code (Currently Ordinance #926). The PRO must address all standards found in other
zones such as setbacks, lot coverages, building heights, etc.
Recently, the Commission recommended, and the Council adopted, a change to the City's
comprehensive plan map or preferred land use map, to allow for future commercial uses and
residential uses to be "mixed." The comprehensive plan map now designates the subject property as
Mixed Use.
The Rexburg Development code allows for the Commission to make recommendations to the City
Council regarding whether or not property should or should not be rezoned based on the criteria
found in section §6.14 (E)(1), and §3.30.050(B)
II. SITE DESCRIPTION
The site is located generally east of Porter Park (east side of S 2"d West), and is between W ls` North
and W 2"a North, with some lots slightly outside these north and south boundaries. See application
material for full map of subject property.
The total area involved in this re -zoning request is approximately 11 acres. There are numerous tax
lots involved in this request; these lots are currently used as commercial, medium and high density
housing, and single family homes.
The surrounding area is a mix of residential and commercial uses. The University is within block
from the site. Directly to the west, but across S 2"a West, is Porter Park, a 10 -acre city park.
III. ANALYSIS
As a PRO Zone, the request requires the Commission and Council to review the proposal against two
sets of criteria, one set is for the request to rezone, the other set is criteria that a PRO Zone is
specifically require to address. As a result of using the two sets of criteria, some redundancy resulted,
nevertheless, Below, staff has provided all the criteria listed by Ordinance 926 (Development Code)
that are required to be addressed, followed by staff s analysis of each criterion.
Criteria Rezone Requests 06.14(El(111:
a. Be in conformance with the City's Comprehensive Plan
The comprehensive plan map, or preferred land use map, designates the subject property as
Mixed -Use. A zoning designation of a PRO Zone is an allowable zone within the Mixed Use
designation; therefore, this criterion is met.
h. The capacity of existing public streets, water and sewer facilities, storm drainage facilities,
solid waste collection and disposal, and other utilities.
Case No. 08 00117 Page 2
The proposal is for an area of existing and functioning infrastructure. New construction will
require a review and analysis by the City Engineer to determine adequate capacity of
infrastructure. This criterion is therefore met.
c. The capacity of existing public services, including but not limited to, public safety services,
public emergency services, schools, and parks and recreational services..
As an infill project, the area currently has access to all public services described, therefore this
criterion is met.
d. The potential for nuisances or health and safety hazards that may adversely affect adjoining
properties.
The Commission should review the proposed language of the Hemming PRO Zone and make a
determination as to whether or not the proposal will have an adverse affect on adjacent property,
and the surrounding neighborhood. A determination should be based on compatibility issues that
generally relate to zoning requirements such as building setbacks, building heights, lot coverage,
amount and location of landscaping, parking lot standards, etc. Staff has a provided a review of
the proposal and has provided proposed conditions of approval that were intended to increase the
proposal's likelihood of being compatible to adjoining properties and the neighborhood.
The Commission should make a finding as to whether or not this criterion is met.
e. Recent changes in land use on adjoining properties or in the neighborhood of the map
revision.
Land uses in the area and the surrounding areas are generally stable, except that commercial
buildings have been constructed in this area and to the west in the recent past. The proposed
Hemming PRO Zone as conditioned would not impact or be impacted by adjoining properties or
the neighborhood, therefore, this criterion is met.
Criteria use for PRO Zone requests (§3.30.050(,0):
A proposed PRO Zone application and associated preliminary project plan shall be approved only if,
in the opinion of the approving authority, development proposed on the property will:
f. Further applicable provisions of the Vision 2020 Comprehensive Plan and any applicable
master plan, particularly provisions which establish density limitations.
The 2020 Comprehensive Plan is not yet adopted, but as was mentioned, the proposal is
consistent with the comprehensive plan map designation of mixed-use. This criterion is therefore
met.
g. Conform to applicable chapters of this Title and except as may be specifically amended by the
adopted PRO zone text.
Where the Hemming PRO Zone has not modified standards, all applicable Development Code
standards will still govern the property. This criterion is therefore met.
-h. Preserve and enhance the subject property and neighborhood by achieving integrated planning
and design.
This criterion should be discussed at the public hearing and a determination by the Commission
and Council should be made as to whether or not the proposal as written will achieve integrated
development within itself and with the neighborhood that it is located, and will it enhance the
area.
L Be compatible with development on adjoining and nearby property, bot_ h_ existing_ and as
envisioned by the Rexburg Comprehensive Plan.
It does not appear that there are any foreseeable impacts by this proposal, as conditioned.
However, staff would recommend limiting the area to be rezoned. A better approach would be to
Case No. 08 00117 Page 3
limit the rezoned area to only a "phase V of a multi -phased approach. This 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. Staff would
recommend limiting the proposed zone change to the southwest area of the proposal. Specifically
to the areas of mixed-use development on both sides of W 2"d South, and the proposed
Hotel/Lodge area (see proposed conditions of approval).
As the developer and the City are prepared, the applicant can come forward with the next phase
to seek a rezone. Staff would recommend that in the future, the Hemming PRO Zone be 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 (see
proposed conditions of approval).
Staff would recommend that if the Hemming PRO zone does not move forward with actual
construction of buildings and uses that are substantially the same as proposed during a rezone
request, that the City initiate a reversion to the previous zoning (see proposed conditions of
approval).
j. Minimize the effect of trafftc congestion and improve parking and air quality, including
providing opportunities for alternative modes of transportation such as walking, bicycling, or
transit.
As a mixed-use project, the concept is to maximize land use potential for the area, but to allow
places where people can potentially live, work, and play. This idea can reduce the number of
vehicular trips made by individuals. However, the proposal does intensify land uses and will
generate additional vehicle, pedestrian, and bicycle traffic for the area.
The commission should recognize that bringing this type of development closer in to the core of
the City rather than on the fringe will reduce overall vehicle miles traveled (VMT) for the
citizens of Rexburg, especially those who have invested in living, working, and playing in the
core, where amenities and opportunities should abound.
The proposal will provide alternative modes of transportation as a result of the mix of uses, and
sidewalk interconnectivity that will come through development. The area will encourage walking
and bicycling. The proposal will provide parking spaces for vehicles, awnings and sidewalks for
pedestrians. For the bicyclist, staff would recommend that the short term and long term parking
standards for the zone be included (see proposed conditions of approval). Short term parking
areas would be for bike racks that area located in front of stores. Long-term parking would for
overnight parking that is sheltered from the elements. Staff can finalize these standards if this is a
standard that the Commission and Council feels should be applied.
Staff would recommend that the Commission and Council look closely at the proposed parking
scenarios and street configurations and proposed conditions to determine if the proposal will
meet this criterion.
IV. STAFF RECOMMENDATION
The Commission -should review the Hemming PRO zone proposal and the applicable criteria. Staff
recommends that the Commission take public testimony, and determine if the proposed re -zoning
request satisfies the above criteria. Should the Commission find that the criteria are in fact met, then
Case No. 08 00117 Page 4
a recommendation of approval, or approval with modifications/conditions should be made to the City
Council
After reviewing the proposed Hemming PRO zone document, there are substantive and non -
substantive changes that Staff recommends modifications to. In an effort to make recommendations
and proposed conditions as clear as possible, staff has included a list of proposed conditions of
approval as well as a list of recommended non -substantive changes that should be made to the
Hemming Pro zone document
Proposed Conditions of Approval
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 2"d 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"d
South. The 2"d 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
Case No. 08 00117 Page 5
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)
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. Miscellaneous business services.
d. Communications
e. Motorcycles, motor scooters, parts, accessories, and supplies
f. 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)
11. Section 3.30.100 Building Heights Should read, `Building heights for residential buildings shall
not exceed 30 -feet. Building heights for commercial and mixed-use buildings shall not exceed
45 -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 20,000 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
Case No. 08 00117 Page 6
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 shall not have immediate access to S
2"d West, but rather through an alley or other street.
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).
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,
Case No. 08 00117 Page 7
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" 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(f)(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 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
Case No. 08 00117 Page 8
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 (501/o) 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.
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) Light manufacture, to include language similar to, "The Planning and
Zoning Administrator may determine at anytime during the review of a proposal for a
manufacturing use that it be submitted to the Commission and Council as a conditional use
permit.
52. 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
53. 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.
54. -Change title -of zone to,"3:30(1). Hemming (PRO A B R 1) Project Redevelopment Option
Zone".
55. Strike, "Hemming Project, Location: see attached"
Case No. 08 00117 Page 9
56. Strike §3.30.020(A) Categories...
57. Strike §3.30.020(B) Permitted Principal Uses...
58. Change §3.30.020(C) to §3.30.020(A)
59. Change §3.30.020(D) to §3.30.020(B)
60. Remove SIC code numbering system
61. Strike last sentence of §3.30.130(A) referencing the University Zone.
62. Rename §3.30.130(G) to read, "Required parking spaces."
63. Strike "Use Parking Spaces"
64. Strike all parking requirements except the requirement for "mixed use."
65. 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)
66. Strike reference to Downtown Blueprint in §3.30.170(A) Introduction
67. Clean up figure 2-1 Building Height Diagram. Hard to read and some strike -through is occurring
on words.
68. 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.
69. 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.
70. Modify §3.30.170(E)(5)(c) Public and Institutional Uses to eliminate reference to the "Rexburg
Downtown District." Should say, "Hemming PRO zone."
71. Modify §3.30.170(E)(5)(d)(1) Primary use required, to continue, "...on the same lot."
72. 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 visible from public or private rights-of-way shall be consistent in
materials as those used for the principal structure.
73. 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.
Case No. 08 00117 Page 10