HomeMy WebLinkAboutRFD - 21-00079 - Berry Oil Development - Dev. Code Amend. - Sign Height in Interchange
#21 00079
Development Code Amendment
Sign height from 50’ to 70’ in Interchange Areas
February 5, 2021, An application was received for a Development Code Amendment to the sign height in the interchanges from Matt Berry.
February 8, 2021, Payment was received for the application.
February 9, 2021, Staff reviews were completed. A Staff Report was completed and filed for the Commissioners.
February 10, 2021, Notice was sent to the newspaper to be published on February 16th and February 23rd.
February 10, 2021, Staff Reviews were completed.
March 4, 2021, Stephen Zollinger presented the application to the Planning & Zoning Commission.
6:45PM - (21-00079) – Development Code Amendment – Sign Height in the Interchange Areas. Applicant is seeking a sign height of 70’ for signs in the interchange areas. City Council
approved a sign height of 50’ in the interchange areas on May 20, 2020 (20-00079). (action) – Matt Berry
Applicant Presentation – Matt Berry – 1130 University Blvd - The Applicant showed various pictures of signs to illustrate the visibility from the highway. His current sign is a pole
sign 40’ tall. A year ago, there were discussions to change the sign height. Matt claims he was not part of the discussion for changing this sign height. A lift was used at that
time with a piece of plywood on the top. The City contacted Matt Berry, letting him know the City would be willing to adjust the maximum sign height to 50’. Matt didn’t agree to 50’;
he just wants a sign equal to his competitor, Conoco. The signs for Conoco or Berry Oil cannot be seen until passing John Deere. Matt is seeking equal height for his sign and Conoco.
The picture was taken at 592 yards.
St. Anthony recently granted a sign height variance to match the sign height of a competing business for a new build. Blackfoot also recently changed their sign height. The Exxon station
on the Sunnyside exit in Idaho Falls was granted an 80’ sign height for the Exxon sign with a Special Use Permit and now the sign height is part of their ordinance. The sign height
is equal to an existing hotel, even though the two are not like businesses, due to visibility. At the Malad exit Phillips 66 on left, Chevron on right, both have the same sign heights.
Jerome’s sign height is 85’ and is visible right off the freeway. No additional businesses are built nearby yet. Jackson Oil and Shell sign off of Chubbuck exit also have equal sign
heights. Visibility is necessary for Matt’s kind of business for truck-reaction time.
The last slide is a letter from Lytle Signs in support of taller signs. The following letter was read:
In conclusion, Matt Berry is trying to solve a detriment to his business; visibility and first impression for drivers is key in their industry. Berrys inted to bring in 50 jobs to the
town and he is seeking an additional 20’ tall sign to match his competition for an equal playing field. He appreciates the Commissioners’ time.
Commissioner Questions: Aaron Richards confirmed in the pictures, the Berry sign is only a pole. What is the height at the top of the pole? The city measured the top of the pole at
40’. When the City was measuring, they put plywood on top made a total 50’ sign. Aaron asked for the grade rate of change. The Applicant does not know. Sally Smith asked how tall
is the Conoco sign. The Conoco sign is estimated at 70’. Chairman Rory Kunz asked why the request was not for a Conditional Use Permit instead of a Development Code amendment. Matt
was told, by the City, this is the process he should follow. Stephen Zollinger said there is not a mechanism in the
code for a Conditional Use Permit to increase the height of a sign. Nor does this application meet the requirements for a variance.
Staff Report: Planning & Zoning – Stephen Zollinger – Staff was approached by the Economic Development department to determine if a taller sign height was needed in the interchange areas.
Six to eight years prior, around these interchanges, an area with a radius of 1500’ was established. Stephen suspects Matt Berry’s request prompted the discussion. The Council directed
Staff to determine the sign height that would allow visibility of a sign at each of the interchanges. We took our bucket trucks out and put a piece of plywood on top, allowing Staff
to drive back and forth across the interchange. At the south interchange, we left the sign up for visibility for the Council to view. At 50’, the sign was visible from all directions
in the driving lanes. This sign height is not as tall as the Conoco sign; we believe the Conoco sign is 72’ tall. There was no visibility impediment prior to your ability to exit.
Coming from the South was the worst and John Deere affected visibility with their buildings. Nevertheless, when you were anticipating the exit, the sign was visible. While Staff
is sympathetic regarding equity with the Conoco sign, staff’s position is the Conoco sign is a mistake; it would not be allowed now and should not have been allowed when it was built.
50’ would have been more than adequate. To perpetuate the problem is not what the Staff encourages. We do recognize the Conoco sign will always be taller than the Berry’s sign, if
we do not amend the ordinance. The McDonald’s sign would be the tallest sign in Rexburg, even if the amendment is approved. These are highway interchanges, not freeway interchanges
and are at a slightly lower grade; there is about 2’ difference. 50’ is readily visible from all points of access, including from the McDonald’s intersection at Mr. Berry’s current
location. It is a split decision in the Staff. The Commission will determine what to recommend to City Council.
Commissioner Questions for Staff: None
Conflict of Interest? - Chairman Rory Kunz asked the Commissioners if they have a conflict of interest or if they have been approached by any parties relative to this particular subject.
If you believe your prior contact with respect to this subject has created a bias, you should recuse yourself, otherwise at this time please indicate the nature of your conversation
or contact. None.
Chairman Rory Kunz reviewed the public hearing procedures.
Favor: Tanner Pocock- 2964 N 5000 E, Sugar City – Tanner is in favor of amending the sign height to allow a taller sign in the city interchanges. His family is looking at putting in
an Arby’s restaurant. They are excited about the growth on the south side of Rexburg. Arby’s believes it would put them at a competitive disadvantage to Burger King and Subway on
the east side of highway 20. Tanner is not looking for an advantage, just a level, playing field. The location on the south end of town will be friendly to semi-trucks. A taller
sign would allow these trucks to make a safe, exit plan.
Neutral: None
Opposed: None
Written Correspondence: Winston Dyer letter:
Rebuttal: Matt Berry has met with several people in the city and talked about the Applebee’s sign history. He disagrees with Winston’s comment, the business did not come based on the
beautiful vistas. Applebee’s came because there was no other franchise, sit-down restaurant, and there was great opportunity for business and profit. Berry’s business is not all about
profit; it is about providing jobs and employment for people. Matt has not talked to Applebee’s; his opinion is based on his understanding of business and making good, business decisions.
Rexburg is a good place to have a restaurant. Buffalo Wild Wings was interested at one time. It is not always about the beauty, but there is an aspect of driving revenue for the
business. Matt will have to make his decisions about keeping his business where it is or whether they move the business to another municipality based on the groups’ decision on this
matter.
Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input portion of the hearing at 7:47p.m.
Commissioners Discussion: Chairman Rory Kunz reminded Commissioners this change affects all three interchanges for the city and encouraged them to keep in mind Mr. Berry’s concerns.
David Pulsipher sympathizes with Mr. Berry’s frustration with the existing 70’ sign for a direct competitor. He said every fast food restaurant could use the same reasoning for the
120’ sign of McDonald’s. David wishes the mistakes had never happened, creating a disadvantage for other businesses that want to come to Rexburg. At the same time, he does not believe
the answer is to change the sign height for all of the businesses in these interchange areas, because we made those mistakes. He concurs with Mr. Dyer’s view about the visibility of
Rexburg’s assets; one of the beauties of our community is we don’t have these types of signs everywhere. David believes Rexburg looks better than some of the examples that were shown.
There is an asset to our visibility; it should be preserved. He would not be in favor of raising the sign height. At some point, we have to say the height is tall enough. 50’ seems
to be a reasonable height as demonstrated. Aaron Richards has some strong feelings about this application. Signage is your life-blood as a developer. At a typical overpass, there
is a potential 19’ disadvantage. The McDonald’s sign is gross; it is ugly. Fortunately, we are only talking about the interchanges. The ordinance is broken and needs to be fixed.
With all due respect to Mr. Dyer, the signs do not affect vistas. He goes out with his son in the evenings and the two take pictures of the sunsets from up on the hill. He has not
seen the Conoco sign show up in any of those pictures. Signs at the interchange do not affect the vistas. I think the 70' sign height is market. There is a need for additional retail
at all three of these interchanges. He does not feel 70’ is unreasonable; he would support the change in the sign height for the interchanges. Jim Lawrence says this is not an easy
decision; he has not been swayed to vote either way. On Google maps, it is hard to say what it would look like if the sign were not there. There are other ways to draw attention to
a business. ITD has information signs you could place your business on. When he travels down the interstate, he looks at those informational signs as he approaches the interchanges.
Vince Haley said, as Commissioner Lawrence pointed out, it is hard to envision what this would look like, because right now there is only a pole. The curve of the highway takes you
naturally to the Conoco sign, because this is where your car is pointed. There are potentially some other disadvantages working against the Berrys that a marketing guru could probably
tell us. Vince goes to Berry Oil to fill up, even though it costs him a little bit more per gallon. He loves the fact that there are few tall signs in our community; this makes us
different from those in our valley. As hard as it is to look across the highway and see a competitor that has the higher sign height, Vince does not support a 70’ tall sign. Randall
Kempton said just because every other community is doing it, this does not make it right for here; he does not agree with this reasoning. Mr. Richards almost convinces him that it
is a good idea for 70’. Sally Smith said a few years ago when the Council deliberated before on the sign height. There were just as many pictures that came in that did not have tall
signs. There could be more arrow signs as you came off the off-ramp to direct motorists. She feels like 50’ tall signs are plenty tall. Not very long ago, we thought 40’ was good.
I think much of what people do, is based on what a business has to offer. Signs has been a controversial topic in this city for many years. Todd Marx is in support of the businesses,
but he is torn in the aesthetic value. He would tend to not agree with raising the sign height. Kristi Anderson said most of what she thinks has been said. She is not in favor
of changing the sign height; she was here when the height was changed in May 2020. She recalls when they
were trying to decide, various heights were used to determine the 50’. It helped to raise the sign height from 40’ to 50’, but beyond that, she recalled there was not an advantage.
She believes the Conoco sign was a mistake; this group was not the group that approved that height and it should not have been done. Kristi does not want to see all of these signs
popping up that are 70’. She agrees with Sally, people are drawn to the quality of what you are offering. The pictures you are showing us do not show a sign, only a pole. Conoco
is visible because the sign is on the pole. In addition, the Berrys can put their sign 50’ tall. You can still be very visible; it is not the same height, but you can still have a
successful business. Vince Haley confirmed Scott Johnson, the Economic Developer, came forward with the 50’ sign height request a year ago. Vince will trust Scott’s advice, based
on his research. Randall Kempton said a decision should not be made on mistakes, but on principles. Chairman Rory Kunz feels, as Mr. Lawrence expressed, he is trying to take his emotions
and opinions out of his decision and look at what is best for the community as a whole. He does not know if there is a fair or best answer, but a decision has to be made. He has not
made up his mind based on the discussion. Like Mr. Richards, he sees the value in having a sign in a business that competes. On the other side, he is not sure Berry Oil and Conoco
are competing businesses. Yes, they both sell gas. Yes, they both sell food. Yes, they both have restaurants. But, one is going to be tailored more toward trucks, it sounds like,
and the other is tailored to residents. Mr. Berry clarified the project is not a full-blown truck stop. Aaron Richards said the city’s frontage as we come in to the city is not pretty;
there is industry and tractors with all due respect. What is a driver of economic growth? What is a driver of local business? He does not see how 20’ on a sign would be a detriment
to the industry you are driving by. David said from the south it is ugly, but two other interchanges need to be considered. He worries this exception for the one interchange; this
changes effects the other interchanges and is not what the community has tried to strive for. Chairman Rory Kunz asked to see the area for each interchange. Vince Haley confirmed
the interchange is a 1500’ radius from the intersections. McDonald’s would fall within the 1500’. Mr. Berry’s parcel was identified. Rexburg Motor Sports was located. The 2nd E
interchange was shown. The radius for the north interchange does not include Walmart. The Main Street interchange veers away from 12th W. Valley wide, Maverick, the Hotel, the Car
Dealership and others would be included. Vince said there is a lot of commercial movement in these interchanges. He does not want to see 100 signs at 70’ permitted within those locations.
MOTION: Move to recommend the City Council that they do not change the Development Code to increase the sign height to 70' in the interchanges, based upon the fact the issue was addressed
a year ago and a full study was conducted., Action: Deny, Moved by David Pulsipher, Seconded by Randall Kempton.
Commission Discusses the Motion: None
VOTE: Motion passed (summary: Yes = 8, No = 1, Abstain = 0).
Yes: Chairman Rory Kunz, David Pulsipher, Jim Lawrence, Kristi Anderson, Randall Kempton, Sally Smith, Todd Marx, Vince Haley.
No: Aaron Richards.
March 17, 2021, the application was presented by Alan Parkinson to City Council.
Planning & Zoning Recommendation to Deny Amendment to Development Code Ord No 1200 Sign Height in the Interchange Areas from 50 feet to 70 feet #21-00079. If Motion passes, it will be
referred back to the Planning & Zoning Commission for further Public Hearing. – Alan Parkinson
Matt Berry explained his has property located near the North West corner of the north interchange and he is considering developing the area. The development plan for the property includes
a gas station an Arby’s, a creamery option and an urgent care facility. The sign visibility on his property compared to the competition which is the Conoco Gas Station located directly
across his property. The sign height near the interchanges is a crucial part of driving business to the businesses located near the interchanges.
Mr. Berry said he is requesting a 70 foot sign height to be on a level playing field as the competition. He understands the current sign ordinance affects the center and south interchanges
with in a 1500 radius. Mr. Berry referenced pictures he took of his current sign location and it being only 40 feet in height is circled in red and the Conoco directly across is also
circled in red. He said his sign is barely visible compared to the Conoco sign. He requested his sign be allowed to be the same height as the Conoco’s.
Mr. Berry continued to review pictures to compare the visibility between his sign height and the location to Conoco’s sign height in different locations.
Mr. Berry compared pictures of signs at different interchanges in other cities mentioning how similar the sign heights are for the different businesses. The City of Blackfoot recently
changed their sign height ordinance to 100 feet. He has a business in Idaho Falls and the city granted them an 80 foot sign height. The City of Idaho Falls previously had a 60 foot
sign height ordinance and recently changed it to 80 feet. In Jerome Idaho their sign height is 85 feet.
Mr. Berry explained he understands each city has different standards and City Councils make decisions based on the best interest of their citizens. He said it’s detrimental to his business
to have the sign be 20 feet under the competition on the same highway exit. Mr. Berry indicated the Planning and Zoning Commission’s comments regarding his request to increase the sign
height were more personal based then based on citizens input in his opinion. His business would bring 50 additional jobs, a permanent tax base and would beautify the north exit. Mr.
Berry reiterated the importance of driving business to his business by have the sign be as visible as the competition sign and if his request is not grant the development will more
than likely not take place. The property would remain at its current state.
Council Member Walker said Mr. Berry informed him of the sign height issue back in January and he referred Mr. Berry to the City Building Department. He later attended a meeting with
city staff and Mr. Berry to discuss the sign height issue. Council President Busby said he is in favor of economic development in Rexburg and is favor of increasing the sign height
to 70 feet. Council Member Walker said he agrees with Council President Busby, the 70 foot height will not be a big difference compared to the billboards already along the highway.
The billboards cause more blockage then a sign.
Council Member Flora questioned the reason why the Conoco sign is at 64 feet when the city ordinance only allows 50 feet. City Attorney Zollinger indicated the Conoco sign and McDonalds
signs were grandfathered because the city did not have sign height restrictions before the ordinance was passed. She said she has been influenced by Winston Dyer’s letter and the community
outreach regarding their disapproval of the sign height. She explained when the 50 foot sign height amendment was presented to City Council, there were photographs of a truck with a
raised bucket was used to gage the 50 foot height, the Conoco didn’t appear to much higher than the bucket. Council Member Johnson said she agrees with Council Member Flora and noted
only one Planning and Zoning Commissioner recommended approval of increasing the sign height all of the other commissioners recommended to deny the amendment.
Council Member Walker said as a business owner he understands how important signage is to a business. When businesses are competing for business and one sign is higher making it more
visible is a large advantage. He doesn’t believe increasing the sign height to 20 more creates any issues.
Council Member Wolfe said he is surprised by the Planning and Zoning Commissioner’s recommendation to deny the amendment. He is in favor of increasing the sign height 20 more feet and
doesn’t believe it would be a conflict.
Planning and Zoning Chairman Rory Kunz explained the sign ordinance would affect all three of the interchanges with in a 1500 foot radius. The 1500 foot radius would be further then
the Valley Wide Cooperative and the Maverick at the center interchange. At the south interchange the 1500 foot radius would be close to town then McDonalds and further out by the high
school. The Planning and Zoning Commissioners were basing their decision on the evidence presented to them including Winston Dyer’s letter opposed to the amendment. Council Member Flora
explained the decision to deny the sign height increase is not to cause a disadvantage to any business. The sign height was recently raised to 50 feet. Once the sign height was raised
it affects a 1500 foot radius at three freeway interchanges. Council Member Walker asked if the 1500 foot radius could be reduced.
Council President Busby asked if Mr. Berry could request a Conditional Use Permit (CUP) to allow his sign to 70 feet in height. City Attorney Zollinger replied a CUP needs to specifically
detailed in the signage code and currently a CUP is not specifically detailed in the city’s signage code. Council Member Flora expressed her concerns with allowing a CUP for signage.
City Attorney Zollinger explained a CUP is not intended to give the right to one property owner, it’s intended to address the condition that needs to be met in order to accomplish a
task. A decision regarding the sign height should not be made based on allowing one business to match the same sign height as other business, it should be based on the right sign height
for the city. Mayor Merrill indicated additional details in the sign ordinance are need such as, sign dimensions, sign blockages, etc. He believes further discussion is need to address
some those details.
Mr. Ron Berry said high rise signs are important to fuel and food businesses. The motorist are looking for gas station signs and fast food restaurants not the tractor or trailer stores.
He would have applied for a CUP to have his sign be 70 feet in height; however, he was informed by city staff he need to pay $750 to change the ordinance. The cost of a high rise sign
costs about $250,000 and most business will not pay that amount to have a high rise sign. He said he purchased the property three years ago and would prefer to invest in Rexburg. The
plan is to invest upwards to five million dollars on this development and desires to complete the development in the right manner to achieve a return on the investment. One way to insure
more people move into a city is to promote businesses.
Council Member Wolfe explained a height of a sign can disrupt the view at any height. Council President Busby said he is favor of reducing the 1500 radius.
Discussion regarding the options to table the decision or proceed with making a decision. Council Member Mann recommended City Council move forward with making a decision to Planning
& Zoning Recommendation to Deny Amendment to Development Code Ord No 1200 Sign Height in the Interchange Areas from 50 feet to 70 feet.
Council Member Flora moved to deny Amendment to Development Code Ordinance No. 1200 Sigh Height in the Interchange Areas from 50 feet to 70 feet; Council Member Johnson seconded the
motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora Council Member Walker
Council Member Johnson Council Member Wolfe
Council Member Mann Council President Busby
The motion carried
Mayor Merrill broke the tie vote by voting nay to deny Amendment to Development Code Ordinance No. 1200 Sigh Height in the Interchange Areas from 50 feet to 70 feet and refer back to
the Planning and Zoning Commission with City Council’s recommendations.
Council Member Johnson expressed concerns with the business that had their sign installed with the regulations previously set forth. She believes it would disadvantage other existing
business if the sign height is raised. Council Member Busby asked if the property owners within the 1500 foot radius were notified of the proposed change to increase the sign height.
City Attorney Zollinger said with a general application ordinance the surrounding property owners are not mailed written notification; however, the public hearing notice is published
in the newspaper.
Council Member Flora moved to refer Amendment to Development Code Ordinance 1200 Sign Height in the Interchange Areas back to the Planning and Zoning Commission to discuss reducing the
radius to 500 feet from 1500 and Sign Height to 65 feet and approve the Consent Calendar containing the minutes and city bills; Council Member Wolfe seconded the motion; Mayor Merrill
asked for a vote:
Those voting aye Those voting nay
Council Member Flora Council Member Mann
Council Member Johnson
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
Council Member Flora indicated the Planning and Zoning Commission has the option of keeping their recommendation as currently being proposed.
April 15, 2021, the Application was rejected by the Planning & Zoning Commission.
6:45PM – (21-00079) – RECONSIDERATION - Development Code Amendment – Sign Height in the Interchange Areas. Applicant is seeking a sign height of 70’ for signs in the interchange areas.
City Council approved a sign height of 50’ in the interchange areas on May 20, 2020 (20-00079). (action) – Matt Berry
By request of the City Council, this application comes back to us. The City Council was not ready to accept the Commissioners’ recommendation as they motioned. The Commission will
be reconsidering the Development Code sign height in the interchanges to be increased to seventy feet. Chairman Kunz wants to emphasize the Commissioners’ options. We will hear some
information from City Staff. He will allow some public input to get a good feel of what our community members think. Ultimately, the decision need to be the Commissions’. The City
Council has asked the Commission to look at some different options.
We have the option to send the application back to City Council and say no, we were right the first time.
We have the right to make changes and send the application back to City Council.
We can have Staff do further research to make sure the correct decision is made.
Please remember this is a change to the city’s Development Code. We are not talking about the allowance of any variances. The changes will affect all interchange areas: the University
Blvd interchange, the Main Street interchange, and the interchange north of Walmart. Any change we make will affect all those places, all of those landowners, and any potential businesses
that may be developed in those areas. Also remember, an increase of sign height was addressed exactly a year ago and a sign height change in the interchanges from forty to fifty feet
was approved with the intent to make the signs visible from the highway and overpasses. A study was done at that time by Staff.
Staff Report: Planning & Zoning – Alan Parkinson – Staff took the recommendation from City Council to look at the request deeper and come back to the Commission with some things that
were discovered. The change is not about Berry’s property, but it will affect them. Three interchanges will be effected.
When Staff looked at sign height alone, signs lose their visibility with building of new buildings to their maximum zoning heights on currently undeveloped properties, new signs on these
properties to the currently approved sign height, and potential landscape buffering along Highway 20. Each of these items has an impact on the ability to see a sign from a distance.
GIS can put mock-up signs and buildings, and choose spots along the road to view as if you were sitting in a car. The zoning in these areas is Community Business Center with a maximum
building height of 65’. Look at the structure of the interstate overpasses. Due to the angle and the curve in the road, one side has an advantage over the other side, no matter what.
Chairman Kunz verified the approach gives one side of the highway advantage over the other. Alan shared an example from the South at the Thornton interchange; you can almost see the
Conoco sign not far from leaving the Thornton overpass. Chairman Kunz said is this true of the other two intersections. On the center interchange, the angle is more of a straight
angle, but the trees affect the visibility of a sign. The current sign of Quality Inn, he thinks is about sixty (60’) feet
tall, which was grandfathered. You can not see their sign until you hit the off-ramp. When the McDonald’s sign went in, the City said we have to do something about the signs. He thinks
at that point the sign height was set back at twenty-four (24’) feet. Later on, the sign height in the interchanges for a 1500’ radius was changed to forty (40’) feet. The governing
boards felt with the height of the interchanges, blind spots were created for those signs. Vince would not have guessed the Quality Inn sign was sixty (60’) feet tall. It does not
matter if you have a one hundred (100’) feet sign, you still will not see the sign if something is in front of the sign. Alan said from the south, the Quality Inn sign is blocked due
to the angle you are traveling.
Alan asked the Commissioners to ask questions during the presentation. Greg Schneider from GIS will tell the group the actual height of the signs. GIS has created the buildings at
actual height. Conoco, Berry Oil, and the Kauer property were compared. Conoco’s sign height is 68’, Berry’s is 50’ and Kauer’s theoretical building is at sixty-five (65’) feet.
The Kauer building allows the Commission to see what would happen if someone built to the maximum building height for that CBC zoning adjacent to Highway 20. They backed up and followed
the overpass from the north. The turnarounds are used to assist in measuring distances from the overpasses. One hundred (100’) feet before the overpass, Berry’s sign is not visible.
Fifty (50’) feet from the off-ramp, Berry’s sign is clearly visible. The Conoco sign, as Vince has stated, is wide open to view due to the natural curve of the road. 2640’ is ½ of
a mile from the interchange and both signs can be seen. The distance from the off-ramp to the visibility point was measured. Even if more buildings are built along the highway. They
are moving farther west as they come farther down, so you are still able to see that sign. This works great for Berry’s, but on the opposite side of the highway, those signs will be
blocked. A sign at the development kitty-corner to RMS will not be able to be seen even at seventy (70’) feet.
Alan asked, At what point do we keep raising the sign height? At what point do we say what is fair?
The sign height at the Berry Property was raised to 70’. Signage will only be allowed on the top eight (8’) feet of the sign. What if someone builds a large commercial plaza. Do we
allow one large sign like a Jackson Junction rather than a bunch of little signs? Alan said some of these possibilities need to be explored at a deeper level. Next, the direction
was changed to drive from the North on the Main Street interchange. Signs will be blocked at fifty (50’) feet and you will barely see them at seventy (70’) feet. Add in buildings
and both signs are blocked. Vince confirmed the Berry’s sign is at its current location. The sign could be moved farther to the north to increase visibility. Randall said he drove
the highway yesterday, and no matter how tall the sign is, there are going to be issues. The whole property is invisible until you get to a certain place and then, you see Conoco,
but as you come to the off-ramp, the Berry Property dominates your view. Vince said driving from the north, there are also large trees established in the Meadows.
The Main Street interchange was looked at driving from the South. Greg Schneider said GIS is giving you a more favorable view than reality. This is not taking into account the overpass,
the trees, etc. The rise of the overpass is not a capability in the software until they build it in the map. The billboard and trees actually block the Quality Inn sign. Alan said
we want people to get people into our city to build and be successful. On the other side, how do we keep from becoming all signs and billboards. On the left, a sign was added to show
what it would be looked at. The theoretical sign is located at the same place as the sign on the Ericksen property, and a theoretical sign the same height on the opposite of the highway
at fifty (50’) feet. The signs are trying to catch north and south bound with a single angle. Are we going to allow 3-side or 4-sided signs? Staff has not looked at this type of sign
in the Development Code. Vince confirmed the Commission is only considering tonight the sign height.
The north exit has no buildings. A sixty-five (65’) building theoretical building was placed at the interchange to show what the affect would be. A home is in one corner of this interchange.
Vince wanted to know the height of the Walmart sign. The sign is not very tall and they draw in a lot of people. Walmart is more of a destination business. The Panda Express sign
is 23.6 feet. Each off-ramp is five (5) acres. The center of this interchange is wide-opened space comprised of about twenty (20) acres. The massive land for the interchange pushes
the signs farther from the road at this north interchange. Fifty (50’) feet signs are blocked looking southbound, even by the shorter storage-units. Your sign can be seen as long
as no one builds a building down the highway on the left. At the ramp where it meets N 2nd E, if someone builds in front of the sign, there will be blockage. Trees are required for
buffering, but will create some sign blockages as they grow. Depending on which direction you are coming from, one side of the highway is favorable for signs and the other is not.
The conditions make it difficult to find solutions to benefit both the City and the community. Vince believes City Council is going to be combing through the minutes. Please be sure
to speak into the microphone. Alan said City Council was very thorough in reading through Planning & Zoning’s minutes at the previous sign interchange meeting. Someone has a small
curved-piece of land is privately-owned, on which there is a ditch, and could potentially build within 20’ from the right-of-way.
One suggestion at the City Council meeting was to reduce the interchange radius from 1500’ feet. Staff does not feel this would create an advantage; they do not see a reason to reduce
the interchange radius. Staff does not see an advantage for just raising the sign height. But, Staff is willing to look at the entire sign code to see if there would be a different
situation that would have a greater benefit. Vince confirmed McDonald’s sign height is one hundred twenty (120’) feet. CottonTree Inn is fifty (50’) feet. Sinclair is a shorter height.
Randall confirmed at time of land exchange (buying or selling), and when a property is developed, sidewalks have to be built. Mr. Berry has a sidewalk in front of his property. The
tall signs are grandfathered as long as they leave the sign as is. Repair can occur, but replacement and modifications to add to the sign, the sign would have to drop to the current
code. Vince said a few years ago, Burger King changed the skin of the sign, but they did not change the sign shape, size, etc. Alan said Burger King requested to add to their sign,
and Staff told them if they did so, they would have to drop the sign to meet the current Code. Greg asked if the blue signs on the highway cost those who put their businesses on
those signs. Alan does not know; this is something we need to find out. Vince asked Alan to give a summary of Scott’s findings last year on the signage. Alan said Scott sponsored
an experiment where a sign was put on a boom truck at forty (40’) feet and then at fifty (50’) feet, and the group drove back and forth on the highway. The conclusion was a fifty (50’)
feet sign would meet the needs of the businesses, allowing a person in a vehicle to see those signs in time and be able to exit. Greg asked how tall the elevator is at Valley Ag.
The first elevator is one hundred twenty (120’) feet tall and the second elevator is ninety (90’) feet tall. This fertilizer plant is in the County, but also in the City’s Impact Area,
causing Valley Ag to follow city code. Aaron confirmed there is no Staff recommendation. Alan confirmed height alone is not the final answer for sign visibility. Perhaps, a more
comprehensive look of the whole sign code may be needed. Chairman Kunz said, regardless of the decision we make, there will be more we need to research on signs. Tonight, we are only
looking at the application for a change in sign height due to the split of the City Council 50/50. The Mayor thought it may make sense to have the Commission take a second look. Council
member Johnson and Council member Flora emphasized they did not believe the Commission made the wrong decision. Alan said Patrick found the cost of the blue signs on the highway, which
is $250 annually.
Commissioner Questions: None
Commissioner Questions for Staff: None
Conflict of Interest? - Chairman Rory Kunz asked the Commissioners if they have a conflict of interest or if they have been approached by any parties relative to this particular subject.
If you believe your prior contact with respect to this subject has created a bias, you should recuse yourself, otherwise at this time please indicate the nature of your conversation
or contact. None.
Chairman Rory Kunz reviewed the public hearing procedures. Rory opened the hearing at 9:04p.m.
Favor:
Ryan Evans - 280 Jill Dr., Rexburg – He is the owner of Evans Hairstyling College in the Valley Wide Business Park. This is an amazing tool, but it does not show the elevation change
of those intersections and thus is not an accurate picture. He has had a third party sign company come in to create a sign for his business. The sign company does not believe a sign
height of fifty (50’) feet would be sufficient around the intersection. South of his property there are some extremely large trees on the residential properties that border the business
park. A week does not go by without someone new coming in and saying we did not even know you were here. He knows he cannot be the only business that is running in to this issue.
Rexburg is located on a major avenue that leads to one of the world’s greatest wonders, Yellowstone Park. There is so much business income that could be brought to our community that
could solve a lot of the other issues the community is facing, Rexburg is missing. He does not run a large school. He teaches young adults to cut hair and create a profession, but
those who attend his school bring money to Rexburg too. These students live in Rexburg housing; they buy from the local supermarkets; they bring outside money to Rexburg for a time,
but then leave. Something that would make his business more visible would be life changing. He appreciates the comments made here; there is more to it than just sign height. He does
not have the answers. Taking the right steps and doing it correctly is even more important.
Neutral: None
Opposed: None
Written Correspondence:
Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input portion of the hearing at 9:10p.m. Chairman Kunz anticipated more people attending tonight’s
meeting.
Rebuttal: Matt Berry does not have any more to add to his previous presentation. He knows the Commission and he have different opinions. Matt is online to see the new information presented.
He was told Staff would do some GIS mock-ups to investigate the situation. Matt appreciates the multiple viewpoints. He still stands by his opinion that his business would benefit
from a sign that is taller. He appreciates the discussion about the blue signs, which would be a cheaper solution. Matt is asking for an equal playing field with his competition.
He understands his request affects all three interchanges.
Vince Haley asked if Matt Berry was able to see the GIS presentation on his screen. Matt Berry confirmed he could see the presentation.
Commissioners Discussion: Jim has been thinking about this situation a lot. Over the last couple of weeks, he has done some research. Jim is a Civil Engineer and his expertise
is transportation engineering. His field is trying to move from putting up things that destroy the natural beauty; this is the push in his field. Raising the signs higher violates
that in his mind. The Commission just sat through a long, public hearing with people who expressed the rural feel was important to them. Putting a bunch of taller signs around the
interchanges, you start destroying the rural feel. The rural feel is one of the things people love about Rexburg. Rexburg is going to grow, but that growth needs to be managed wisely.
He personally thinks the fifty (50’) feet sign height is generous. Looking at the communities with height restrictions on signs along the highway; the communities he looked at have
allowed sign heights from twenty (20’) feet to forty (40’) feet. His other thought is the change affects two other interchanges. If we make this decision on the basis of making competition
fair, the Commission is setting a very dangerous precedent. Who is to stop someone in town coming to the Commission from bringing up the same argument to obtain a sign as tall as McDonalds?
You changed the sign height for this person; you should do it for me. He is opposed to changing the sign height.
Chairman Kunz says the precedent is a valid point, just in the simple fact another gas station could use the same argument. Randall said he also reviewed the Comprehensive Plan, which
he feels is his job as part of being a Commissioner. What over time has the City encoded regarding signs not only in the Comprehensive Plan but are reflected in the ordinances of the
City? This effort has taken a lot of people, a lot of time, effort, and citizen input to create that Plan. Any business who comes and requests an ordinance change to benefit an individual
business, he feels is a backward approach. He has a problem with this. We should be saying to businesses, this is what we can offer you; these are our parameters, because we want
our community to look and feel a certain way. We have other ways of stimulating business. He found a lot of language about balance about aesthetics, tourists, and local people. We
need not to react to people, but be proactive. He would rather see a forest of trees rather than a forest of signs and find other ways to bring businesses in to the community. He
has thought a lot about this request as well. He has been up late at night; he has lost sleep. He thought to himself, he has other things to do besides thinking about sign height.
He quoted Chapter 1, pg. 11, paragraph 2 in the Comprehensive Plan document, “…it is critical for public officials to remain well-versed in the current plan to assure that day-to-day
decision-making does not in some way disrupt the policies and long-term initiatives outlined herein.” He does not think a seventy (70’) feet sign is going to affect his quality of
life; he lives in a different neighborhood. He feels the Comprehensive Plan is already good and the ordinances are in place. Randall would be opposed to the change in sign height.
Greg says this is interesting. About two or three years ago, he and his wife talked about different ways to advertise. He and his wife travel a lot. The blue signs on the exits help
him find where he is going. He already knows where his hotel is, because he puts this in his GPS. The signs on the buildings is not something he is looking for. He sees the signs
on the buildings. If he has a choice of food on one side of the highway or the other, his choice of restaurants is determined by the ease of accessibility. As far as the arguement
someone would get more business due to a taller sign; he does not agree. He feels the fifty (50’) feet sign height is fine. Perhaps a tool to help people become more known as to the
location of their business would be helpful. In Meridian, Idaho, on Eagle Road, the signs for all the businesses in a business park are
on a single plaza sign. Greg is an average guy; he does not look up to those signs out of his level of view.
Kristi said as she read through the minutes she felt it was funny the sign was at twenty-four (24’) feet only fourteen (14) years ago. The City would not change the sign height to go
up to forty (40’) feet. We have already exceeded forty (40’) feet. She was influenced by the presentation and she felt the taller signs stood out more. Kristi completed a trip to
Boise. Sometimes she felt the taller signs did not bother her. The taller signs do create a more commercial feel. What do we want Rexburg to feel like? Right now, when I drive by
Rexburg, the signs do not stand out. A few stand out, but mostly there are a lot of trees and some homes along the highway. She is torn. Do we keep the sign height fifty (50’) feet?
Do we let the sign height change to seventy (70’) feet and allow those interchange areas to become a more commercial area? She hears the Commissioners say changing the sign height
does not have to be the avenue to increase the commercial businesses. The road Greg referred to is a very commercial area, but the signs are not tall. The road is as beautiful as
possible. These are some of the thoughts she has been thinking about.
Jim said we do not want to make the same mistake again and end up with signs we do not like. You can not go back once the sign is in place. Vince said he bets he is the only one in
this room that fills up his vehicles at Berry Oil. The gas is $1.10 per gallon. He feels the fuel is a higher grade than at another station. When he mentions this fact to family
and friends, their comment is I did not even know I could fill up there. Right now, there is not a lot of retail advertisement. He had an experience on a trip two to three years ago
while traveling in Utah. He drove through a community with very low signage; he vividly remembers the place and thinking why does this community not have any tall signs? Obviously,
there ordinance did not allow the taller signs. It made a difference in that community. Vince liked the look of the community. Councilman Busby says he goes past the Conoco sign
each day and he does not notice how tall the Conoco sign is in comparison to the other signs. If you have not noticed, then that means it is not making that big of a difference in
comparison to competitors. The Applicant mentioned people outside of the gas and oil industry could not afford a taller sign. He mentioned a $250,000 as a sign price. McDonalds and
the hotels have taller signs as well. Many other businesses would be interested in having a taller sign. We have received more people against the taller signs than for the taller
signs. At City Council, the question was asked, if there is so much community support against taller signs, where is that community support? The Commission has received more support
against the ordinance change than in support of the ordinance change. Scott Johnson, the Economic Development Administrator, did a lot of research to determine fifty (50’) is tall
enough. Scott out of others, Vince feels, would remain the most neutral, allowing Vince to trust his opinion. Scott’s job is to bring business into the city. Vince estimated fifteen
to twenty businesses at each of the Main and South interchanges that would have the right to go to the seventy (70’) feet sign height, if the Commission approves the application. This
would create more of a Mohawk effect in sign height. He does not support the higher sign height. The effect on peoples’ skyline is not a valid argument; other things pollute the skyline.
He is open to the whole sign ordinance discussion. He likes the Jackson Hole sign idea. He feels the sign ordinance in place is more of a cookie-cutter approach. He is not open
to raising the sign height.
David said it is a natural impulse for businesses to want to increase their visibility. He does not believe you make ordinance changes based on competitive equality. A zone change
hearing presented tonight and based upon what was already in place could have been justified. The Commission decided the request was not necessarily a good situation. There are all
sorts of grandfathered problems throughout the city. Then we get in an ordinance war. This is not a sound way to set up the code for signs. The historical minutes demonstrate there
has been an
arms race in sign height from twenty-four (24’) feet, to thirty-five (35’) feet, to forty (40’) feet, and fifty (50’) feet. At some point, we have to decide what is reasonable for the
community. Personally, he would like to see signs lower than fifty (50’) feet, but fifty (50’) feet is where we are. This height strikes the balance Randall talked about. Scott Johnson’s
view about fifty (50’) feet being the right height for commercial competitiveness, while trying to maintain a certain community aesthetic, is all important. He is opposed to changing
the height to seventy (70’) feet. He is open to looking at a more comprehensive review of the sign ordinances.
Todd does not believe the ordinance needs to been changed. Aaron appreciates the comments. Last time, he was in favor of the change. He wants to share a few of his thoughts. In Dallas,
there were municipalities that set low, sign height from day one. This precedence works when decided from day one. We are starting today and in our community the precedent has been
set. The business has to deal with that precedent regardless of where we are today – a height spectrum. Highway 20 is a business corridor; it is an economic corridor; it is not a
view corridor - there is nothing attractive; it is an opportunity to pull business into our community. Changing the sign height from fifty (50’) feet to seventy (70’) feet does not
move the needle at all. When people come in and make multi-million dollar investments to put hard corners on the highway, they are going to need to protect their investment with signage.
He believes the price for the taller signs will be a barrier to entry to prevent abuse. At the end of the day, he believes the ordinance is broken. Aaron believes there should be
a conditional use permit for a sign. The ordinance needs to talk about joint signage as a way to work around the cost of sign height. Aaron is support of the more economic view.
Chairman Kunz wanted to address some concerns he read in the notes. He remembers hearing the Council Members having concern with the fairness of the sign height differences. Those
Council Members recommended reducing the radius of the interchanges. Changing the radius also affects fairness. If we are talking fairness, the businesses farther from the interchanges
are only allowed to be at fifty (50')’feet, but those closer to the highway can have seventy (70’) feet signs. Meanwhile, we are going to allow sixty-five (65’) feet tall buildings.
Reducing the interchange radius does not make any sense. He hopes City Council will see that those businesses farther away would need the taller signs rather than those next to the
interchange. Rory Kunz read all the sign history minutes too. In 2007, sign companies at that time were saying forty (40’) feet was adequate. Those same sign companies keep changing
the suggested sign height; sign companies might have a monetary reason for saying a taller sign makes more sense. He appreciates Commissioner Lawrence’s opinion and view of his field.
He does not think Rexburg has grown enough in those interchanges during this time to say we need twenty more feet than the Commission considered in 2007. He believes a holistic view
of the signs is not addressed in our current ordinance that need to be addressed. Rory does not believe sign height is one of those sign items that needs to be changed.
Vince asked for any last comments before he makes a motion. Randall thought about Mr. Berry’s business; he hopes Mr. Berry builds something on his property. Mr. Berry’s business is
in a good location, even though Randall is opposed to changing the sign height. Randall is glad the semi-truck visibility has not been discussed. As Randall looked at the target audience
in the Comprehensive Plan and the target audience are tourists, local people, and a focus on educators. Long-haul drivers are not mentioned. As a local person, sign height means nothing
to him. He looks at what the business is offering him, is the item sold at a fair price, and is the item good quality. As a tourist, the Conoco sign communicates the presence of gas,
but the blue sign on the highway tells him he has a choice. If Randall is driving southbound, he will often choose Berry Oil, because it is an easy-on, easy-off access to the highway.
The business is very visible when taking the right, off-ramp. Whether Mr. Berry builds at this location or someone else, the
business will be successful. Semi-trucks cannot go to Conoco, because their pumps do not accommodate them. Statistics are broad in general, but when you look at a specific instance,
you throw the statistics out the window and look at the specifics. The Commission encourages anyone to build even though we keep the sign height the way it is.
MOTION: Motion to recommend City Council reject raising the sign height and keep the ordinance as is because the current sign height fits our community, with the hope to address
the sign ordinance features in the future excluding the sign height, Action: Deny, Moved by Vince Haley, Seconded by Jim Lawrence.
Commission Discusses the Motion: None
VOTE: Motion passed (summary: Yes = 8, No = 1, Abstain = 0).
Yes: Chairman Rory Kunz, David Pulsipher, Greg Blacker, Jim Lawrence, Kristi Anderson, Randall Kempton, Todd Marx, Vince Haley.
No: Aaron Richards.
April 21, 2021, the Application was reconsidered by City Council.
Reconsideration on Amendment to Development Code Ord No 1200 Sign Regulations in the Interchange Areas from 50 feet to 70 feet #21-00079. Planning & Zoning Recommend Denial of the Amendment,
but is Recommending Staff take a Holistic Approach to Review the Sign Ordinance and Present Amendments that Benefit Commercial Enterprise and the Community. – Alan Parkinson
Planning and Zoning Administrator Parkinson reviewed several interactive maps with sign heights at 50 feet verses 68 feet and northbound verse southbound on the highway from a drivers
perspective. There are three different interchanges which will be affected by the decision made tonight regarding the sign height. The following picture is the south interchange with
the Berry sign at 50 feet and the Conoco sign on the right at 68 feet. He said because of the curvature of the road the Conoco’s sign has an advantage of being seen first. There are
also natural barriers that block the view of a sign as well.
Council President Busby questioned the 1500 foot radius around the interchange. Planning and Zoning Administrator Parkinson reviewed a maps indicating the 1500 radius around the interchanges.
One of the questions asked during the last City Council meeting was if the 1500 radius could be reduced to 900 feet. He said reducing the radius would be a detriment to the businesses
further from the allowed radius because their signs would be harder to see due to distance. The recommendation from city staff is to keep the 1500 foot radius.
P&Z Administrator Parkinson continued to review the interchange maps. The Federal Aviation Administrator will determine the sign height near the center interchange due to the proximity
of the airport. The north interchange is much wider compared to the center and south interchanges. He said due to the orientation of the road, it is difficult to see a sign if you are
on the opposite side of the sign on the north interchange.
P&Z Administrator Parkinson explained after direction for City Council to review the city’s sign ordinance, they realized there are other issues in the ordinance than sign height that
need to be addressed. Some of those issues include the dimension of the sign at the higher height, do they allow all of the business in a commercial plaza to erect 50 foot signs and
how to address buildings, trees and other structures blocking the signage.
Council Member Flora said she watched the Planning and Zoning Meeting. She said there were really good comments made at the meeting; however, Jim Lawrence’s comments were cut off the
recording. She asked if Planning and Zoning Chairman Rory Kunz could explained Mr. Lawrence’s background and issues regarding the sign height.
P&Z Chairman Kunz said he can paraphrase Mr. Lawrence’s comments at the meeting. Mr. Lawrence is a civil engineer by trade and serves on the Planning and Zoning Commission. Mr. Lawrence’s
expertise are in transportation. His sentiment was nationwide civil engineers are moving away from the higher sign heights and more towards smaller signs in a condensed areas. Mr. Lawrence
also said there isn’t evidence to support the claim that bigger signs draw in more business.
Council Member Johnson said when she considers the future of Rexburg she doesn’t desire big signs by the neighborhoods. There is a neighborhood near the middle interchange and it isn’t
fair for the businesses in town to have a smaller sign. She agrees with the comments made at a previous meeting stating favoritism is being shown to the business near the interchanges
by allowing them a higher sign height.
Council Member Wolfe said he doesn’t have a problem with the higher sign height near the interchanges because regardless of where a sign is located it will block someone’s view. A business
should have the option of having a sign at a height of 70 feet when there is a business that already has a sign that height. Council Member Walker said he agrees with Council Member
Wolfe of increasing the sign height to 70 feet.
Council Member Mann said he is oppose to increasing the sign height, it create the possibility of having sign wars between businesses. There are some business signs that are grandfather
at their current height and he believes increasing the sign height would be a mistake. He recommends city staff review the sign ordinance to address the issues regarding sign dimensions,
number of signs allowed on one structure, etc.
Council Member Flora moved to deny the Amendment to Development Code Ord No 1200 Sign Regulations in the Interchange Areas from 50 feet to 70 feet; Council Member Mann seconded the motion;
Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora Council Member Walker
Council Member Johnson Council Member Wolfe
Council Member Mann
Council President Busby
The motion carried