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Home My WebLink AboutProvideRuralResidentialHomesInRexburg-6 January 30, 2022 Our neighborhood’s message to the Rexburg Mayor, City Council, City Departments, and the Planning and Zoning Commission: Please protect and develop our stable country neighborhood in Rexburg! P.S. We neighbors contributed these personal photos to illustrate our cherished lifestyle in this Rexburg country neighborhood of ours. Our Stable Country Neighborhood in Rexburg, Idaho (Located along South 12th West Street) Zoned Rural Residential. We Need More Rural Residential Homes in Rexburg People’s housing needs change throughout their lifetimes. Rexburg has a wonderful variety of compact housing to accommodate the needs of students, recent graduates, and retired folk, but families tend to outgrow small homes. Recently, an out-of-state family came to visit friends who just moved into a new, crowded neighborhood in Rexburg. The visitors were dismayed to discover a shortage of homes in Rexburg that have the large lot sizes they wanted. Many such families look for a place where they can practice self-reliance, including gardening and raising livestock. They want outdoor chores and physical work to help develop character and personal responsibility in their children. Others want space for a shop or for recreational vehicle parking. The City of Rexburg Development Code wisely provides for stable country neighborhoods in the city through its rural residential (RR) zoning. However, developers and land speculators too often expect the city to treat its RR zones like TAG zones (transitional agricultural zones), hoping to increase their profits by rezoning the land to permit crowded residential construction. The City of Rexburg needs to proudly cherish and support its commitment “to provide rural residential zoning for the development and protection of stable country neighborhoods.”1 We feel the city should support RR development by carefully encouraging RR subdivisions in its RR zones, instead of rezoning to permit higher density housing in the neighborhood. 1 Rexburg Rural Residential Zones: 4.01.010 Purposes And Objectives and 4.02.010 Purposes And Objectives – “develop and protect” Minimize Cost to Develop Rural Residential Subdivisions Some zoning requirements, which are appropriate for higher density subdivisions, are unnecessary for stable country neighborhoods that have large lots in RR zones. To encourage and support RR Zone development, Rexburg city should try to minimize expenses imposed on RR zone developers when they decide to subdivide their property into large lots for RR home construction. Consider, for example: • Curb and gutter requirements may be eliminated2 • Street lighting and sidewalks may not be necessary for larger lot developments. • Allow consideration of utility alternatives on large lots where circumstances may warrant. (e.g., private wells, septic tanks and drain fields, as allowed by the Eastern Idaho Public Health District)3 • Not imposing extra costs on the developer, such as expensive relocation of irrigation canals so the city may someday expand the width of an adjoining street. When the city imposes high costs on RR subdivision developers, they are put under pressure to seek zoning changes so they can cram as many dwelling units as possible into a neighborhood’s development. The result is a scarcity of homes on large RR lots in Rexburg and a loss of the beneficial influences that stable country neighborhoods bring to the city. Rexburg City, please recognize the benefits to people and their families by being RR subdivision friendly. 2 Existing code 10.04.070 Street Standards: “In rural residential zones, the requirement for curb and gutter may be eliminated” 3 https://eiph.idaho.gov/EH/Septic/septicmain.htm Onsite sewage systems permitted by Eastern Idaho Public Health Modify the Rexburg Development Code as Necessary • Currently the code has no definition for “domestic livestock” which is used to describe permitted uses in RR1 zones (4.01.020 Permitted Uses).4 • The definition of “domestic livestock” needs to link with a definition of animal density limits by using “animal units” for clarification.5 • Both RR1 and RR2 zones need to include “domestic livestock” in permitted uses. The smaller ½ acre lots in RR2 zones would have fewer “domestic livestock” permitted. 6 • Repeal Section 9.02.050 Applicability Of Rexburg Development Code In Area Of Impact. It was written about 30 years ago and is now obsolete. Section 9.02.050 is livestock hostile and should be supplanted by the new definitions of “domestic livestock” and the “animal unit” density limits. 7 • Protect existing RR water rights for culinary, stock water, and irrigation, including deeded canal-system water shares and sub-surface water rights.8 These code modifications will specifically endorse the permitted use of agricultural production in rural residential zones. Residents can enjoy the challenges of home production of food resources, including the care of domestic livestock, in addition to other family activities that require the space of large residential lots. 4 Rexburg Rural Residential Zones: 4.01.020 Permitted Uses – Agriculture and animals permitted. 5 Example from other cities: https://dietrichidaho.com/ordinances Ordinance #56, 2003 Zoning Rules, 2.2.5 Animal Units 6 Rexburg Rural Residential Zone: 4.02.020 Permitted Uses – Agriculture and animals permitted. 7 9.02.050 Applicability Of Rexburg Development Code In Area Of Impact = Obsolete and livestock hostile section 8 10.04.040 Water, Wastewater, Storm, Irrigation H. 1.; APPENDIX B ENGINEERING STANDARDS F. Water Rights Specific Recommended Changes to The City of Rexburg Development Code (Recommended changes are in italic font) CHAPTER 2 DEFINITIONS (add two definitions) Domestic Livestock: Horses and animals generally used for human food production (including cattle, sheep, goats, poultry, rabbits, honeybees, and fish), which are raised with the intent to supply food and enjoyment for those who raise them. Animal Unit: A unit to measure the quantity of domestic animals at any given location. For example: Horse 1.0 AU Cattle over 700 pounds 1.0 AU Cattle 400 to 700 pounds 0.7 AU Calf under 400 pounds 0.2 AU Sheep, Lamb or Goat 0.2 AU Swine 0.4 AU Turkey or Goose 0.02 AU Laying Hen/Broiler or Duck 0.01 AU Rabbit 0.01 AU Honey Beehive 0.2 AU Fish (500 pounds) 1.0 AU Other species not specified (500 pounds) 1.0 AU CHAPTER 4 RESIDENTIAL ZONE STANDARDS (Clarify livestock permitted in both RR zones) 4.01.020 Permitted Uses (RR1), B. Animals. Household pets are allowed. No more than two (2) animal units of domestic livestock for each (1) acre shall be allowed. 4.02.020 Permitted Uses (RR2), (add missing section) B. Animals. Household pets are allowed. No more than one (1) animal unit of domestic livestock for each half (1/2) acre shall be allowed. CHAPTER 9 SUPPLEMENTARY OVERLAYS AND IMPACT AREA (Repeal this obsolete, livestock-hostile section) 9.02.050 Applicability Of Rexburg Development Code In Area Of Impact Any zones, which are located within the area of city impact, shall be subject to all provisions of the Rexburg Development Code and any amendments thereto. The following provisions shall apply to the TAG and RR1 zones: Description of Land and Livestock. Any landowner having livestock upon lands located within the area of city impact may, prior to February 15, 1995, provide to the Planning and Zoning Commission a description of the land together with a description of the livestock on said lands, which shall include the number of livestock as well as the type of livestock located on said lands. Historic Herd Size. The Planning and Zoning Commission shall review the descriptions as submitted by a land owner, and together with the land owner determine a historic herd size for the parcel of land described. The record of historic herd size shall be kept by the City Clerk and shall be preserved for the purpose of determining existing land use on said lands as of February 15, 1995. Discontinued Use. In the event a landowner shall discontinue the use and maintenance of livestock on lands described and provided to the Planning and Zoning Commission for a period of five (5) consecutive years, when such use shall not be reestablished, the uses of the premises thereafter shall be in conformity with the regulations of the zone district in which the land is situated; provided, that the use and maintenance of a lesser number of the same general type of livestock on the described lands shall be deemed to conform to the historic herd size as recorded with the City Clerk and will allow the continued recognition of the historic herd size as the current existing land use. Expansion or Enlargement of Herd. The expansion or enlargement of a livestock herd shall be allowed only by the granting of a conditional use permit, zone change or variance, as provided by this ordinance and depending upon the particular circumstances and facts involved. CHAPTER 10 SUB-DIVISIONS (Amend to give protection to RR development’s water rights) 10.04.040 Water, Wastewater, Storm, Irrigation H. Irrigation Management. The sub-divider shall indicate how site landscaping irrigation will be managed and provided. Water Rights and Shares. All water rights or shares that have been historically linked to the development property shall be used for site irrigation or surrendered to the city. In rural residential zone developments, headgates and ditches shall be preserved and used to the extent practicable. Plans to provide water and water rights to large-lot property owners for their culinary, livestock, and irrigation needs shall be submitted. APPENDIX B ENGINEERING STANDARDS (Amend to give protection to RR development’s water rights) F. WATER RIGHTS Lands that are developed within the City of Rexburg and are, prior to development, irrigated with surface water must be irrigated with the existing surface water right where feasible. This may require the development of a secondary irrigation system or special systems as conditions dictate. Exceptions must be approved by City Engineer. In rural residential zone developments, headgates and ditches shall be preserved and used to the extent practicable. Lands that are developed within the City of Rexburg and are, prior to development, irrigated with surface water and a secondary irrigation system is not feasible shall transfer to the City of Rexburg the surface right or portion of that water right prior to the issuance of a will serve letter or provide a method of transfer acceptable to the city. All subsurface rights tied to property to be serviced by the City of Rexburg shall be transferred to the City of Rexburg. However, in rural residential zone developments, the need of individual, large-lot property owners for well water rights for domestic purposes (see section 42-111, Idaho Code) shall be accommodated wherever possible. Endorsements We residents of this Stable Country Neighborhood give our endorsement to this petition to the City of Rexburg: Wanless & Jerrie Southwick, 375 S. 12th W., Rexburg, Idaho 83440 Tyler & Sharee Barton, 1076 Green Willow Dr, Rexburg, Idaho 83440-4901 Leon & Kathy Parson, 298 S. 12th W., Rexburg, Idaho 83440 Michael & Charlene Evans, 2195 W 440 S, Rexburg, Idaho 83440-3749 Richard & Tamara Geddes, 1056 Green Willow Dr, Rexburg, Idaho 83440-4901 Joseph & Lauren Evans, 2179 W 440 S, Rexburg, Idaho 83440-3749 Steven & Julie Kimpel, 2313 W. 440 S., Rexburg, Idaho 83440 Josh & Franci South, 2130 W 440 S, Rexburg, Idaho 83440-3713 Brent & Paula Harris, 1125 Widdison Ln, Rexburg, Idaho 83440 Mark & Robyn Holderman, 1110 Widdison Ln, Rexburg, Idaho 83440-5051 Kerry & Linda Ward, 355 S. 12th W., Rexburg, Idaho 83440 Wayne & Anna Tietjen, 155 S. 12th W., Rexburg, Idaho 83440 Doug & Kellae Thompson, 1053 Widdison Ln, Rexburg, Idaho 83440-5052 Eric & Nicole Lybbert, 1148 Coyote Willow Way, Rexburg, Idaho 83440 Chuck & Gennie Cartmill, 1098 Widdison Ln, Rexburg, Idaho 83440-5052 Mike & Marilou Bailey, 1094 Green Willow Dr, Rexburg, Idaho 83440-4901 Kirk & Jennifer Johnson, 2127 W 440 S, Rexburg, Idaho 83440-3749 David & Miriam Higginson, 1120 Green Willow Dr., Rexburg, Idaho 83440 Ron & Joan Martin, 1109 Widdison Ln, Rexburg, Idaho 83440-5051 Jake & Crystal Hill, 1144 Green Willow Dr, Rexburg, Idaho 83440-4901 Jay & Christine Patterson, 1128 Green Willow Dr, Rexburg, Idaho 83440-4901