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HomeMy WebLinkAboutRFD - 23-00958 – Fence Billboard RV Park - Development Code Amendment(208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Reason for Decision 23-00958 – Fence Code – Development Code Amendment 1. December 19, 2023, An application was received for an ordinance amendment to the Fence section of Ordinance No. 1200 - Development Code. 2. December 8, 2023, Application was discussed at Strategic Team Meeting. 3. March 15, 2024, Staff reviews were approved. 4. April 25, 2024, Billboard and RV Park Amendments were added to the application. 5. April 25, 2024, Additions were discussed at Strategic Team Meeting. 6. May 28, 2024 Staff reviews on additions were assigned. 7. June 11, 2024, Staff reviews on additions were approved. 8. June 11, 2024, Staff report was completed. 9. July 15, 2024, Notice was sent to the newspaper to be published July 9, 2024 and July 9, 2024. 10. July 18, 2024, the application was presented to the Planning & Zoning Commission. Public Hearing – (23-00958) Fences, Billboards, RV Parks – Development Code Amendments – Proposed updates to the Development Code – Alan Parkinson (Action) Presentation: Alan shared that staff has been reviewing the Development code over the last few years to make it easier for the public, more consistent, and easier to understand. The proposed changes have been separated into sections and can be voted on individually or all together. The first section is adding Tiny Homes on Wheels (THOW) in RV Parks in the Community Business Center (CBC) zone with an approved Conditional Use Permit (CUP). Alan shared that he has received requests for Tiny Homes on Wheels and where to put them. He clarified it is not a mobile home park nor manufactured home park and thought the RV Park would be a good place to start to see if it works, before advancing to other areas. This gives Planning & Zoning and City Council some power over where THOW would be allowed and in what manner they would be allowed. Sally asked if other communities are doing this. Alan responded yes and gave an example located in Victor. Sally asked if someone would need to apply for a RV Park if they wanted to put in a Tiny Home Park. Alan explained the differences between stick built tiny homes and tiny homes on wheels. Vince inquired about any RV Parks within city limits. Alan confirmed. Jim questioned if full hookups would be required. Alan confirmed that both sewer and water would be required, but are already part of a RV Park. Alan discussed THOW having the capability to move, but tending to be more stationary. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org The next section modifies Fencing. Alan explained the definition of Fence was modified. Vince suggested that Fencing be tabled since the links were not working earlier in the day and he was not able to review it. The third section pertains to Billboards. Alan explained that proposed changes include updated definitions and allowing billboards to be upgraded/rebuilt to maintain safe structures. No new billboards would be allowed, and the existing billboards would be considered Grandfathered, but exempt from the 50% value clause. Several Commissioners voiced their support of the current code that does not allow billboards to be upgraded or modified. Brian inquired about how many billboards are located within City limits. Staff responded 8-12, with several along Highway 20. The group discussed the proposed definition and the square footage of existing signs. Brian asked what led to the proposed billboard updates. Alan responded that it was a result of a situation with a current billboard. The group discussed how they wanted to proceed with the sections. Vince stated he had not had a chance to read the proposed updates. Alan explained that because it was requested, only the RV Park section has any sort of timeline. Aaron voiced his support with moving forward with the RV Park section due to the affordability issues in the city. The group reviewed the RV Park section again. Aaron commended staff for finding a conservative way of launching the concept. MOTION: Motion to discuss Billboards and RV Parks and table the Fencing section of the ordinance amendment. Action: Approve, Moved by Randall Kempton, Seconded by Brian Thackeray. Commissioner Discussion on the Motion: Vince asked if both Fencing and Billboards could be tabled. Brian supported the motion stating that all changes to the Billboard section were reviewed on the screen. VOTE: Motion carried. (Summary: Yes= 8, No= 1, Abstain = 0). Yes: Todd Marx, Randall Kempton, Sally Smith (Chairperson), Aaron Richards, Jim Lawrence, Bruce Casper, McKay Francis, Brian Thackeray No: Vince Haley (Vice Chair) Abstain: Chairperson Smith opened the public input portion of the hearing at 7:13 pm. Favor: none Neutral: none Opposed: none Written Correspondence: none Rebuttal: none Chairperson Smith closed the public input portion of the hearing at 7:14 pm. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Conflict of Interest/Ex parte Conversation: Chairperson Smith asked the Commissioners to disclose any conflicts of interest or conversations held outside of this meeting relative to this particular subject. Commissioner Discussion: Randall reiterated compliments to staff in finding a limited location to try THOW. He shared he is in favor of the change because of the limited scope. Jim concurred, mentioning the requirement of a CUP. McKay observed that starter homes have changed drastically over the last 10 years and feels it is important to allow for more opportunities for people to own real estate. The group reviewed the concept of THOW. Randall expressed his dislike for billboards stating they are distracting. He acknowledged that they do have commercial uses and that advertisers think they are important. He supports the ordinance as it is currently written that eliminates billboards. Jim would prefer the wording to require the same type of sign if reconstructing a billboard. Randall and Jim both voiced opposition to digital signs. Sally noted that no new ones would be constructed. Alan provided clarification on new electronic signs and their ability to be dimmed in order to meet the lighting requirements of the code. Brian would prefer no billboards within the city, but is against forcing people to make changes. MOTION: Motion to recommend City Council the approval of the rv park ord amendment allowing tiny homes on wheels as a permitted use with conditional use permit within rv parks. Action: Approve, Moved by Randall Kempton, Seconded by Aaron Richards. Commissioner Discussion on the Motion: VOTE: Motion carried. (Summary: Yes= 9, No= 0, Abstain = 0). Yes: Vince Haley (Vice Chair), Todd Marx, Randall Kempton, Sally Smith (Chairperson), Aaron Richards, Jim Lawrence, Bruce Casper, McKay Francis, Brian Thackeray No: Abstain: MOTION: Motion to table the Billboards section of the ordinance amendment. Action: Approve, Moved by Todd Marx, Seconded by Randall Kempton. Commissioner Discussion on the Motion: VOTE: Motion carried. (Summary: Yes= 9, No= 0, Abstain = 0). Yes: Vince Haley (Vice Chair), Todd Marx, Randall Kempton, Sally Smith (Chairperson), Aaron Richards, Jim Lawrence, Bruce Casper, McKay Francis, Brian Thackeray No: Abstain: (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org 11. August 7, 2024, the RV Parks section of the application was presented to the City Council. Planning & Zoning recommendation to approve an amendment to the Rexburg Development Code, Ordinance No 1200, as it pertains to RV Park permitted uses for CBC, and other substantive and non-substantive items #23-00958. Designated as Ordinance No 1318 and considered first read if motion passes – Alan Parkinson SECTION 1: AMENDMENT “3.08.020 Permitted Uses In Commercial Zones” of the Rexburg Development Code is hereby amended as follows: 1. Rental, Short-Term, Transient Living: a. Campgrounds, RV Campsites & Travel, and Tiny Homes on Wheels – Conditional Use Permit City Planner Parkinson reviewed the amendment to the Development Code that would allow tiny homes on wheels in RV Parks and campgrounds. Council Member C. Erickson asked if there are fire code regulations on how close they can be. Planner Parkinson said there are fire regulations that determine how far apart RV’s need to be and that is 12 feet. Council Member Johnson is concerned about regulating sex offenders who stay in short-term rentals. Attorney Zollinger said there is no regulations on people living in short term, temporary rentals. Council Member Reeser moved to approve an amendment to the Rexburg Development Code, Ordinance No 1200, as it pertains to RV Park permitted uses for CBC, and other substantive and non-substantive items #23-00958. Designated as Ordinance No 1318 and considered first read; Council President Walker seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member C. Erickson Council Member E. Erickson Council Member Reeser Council President Walker The motion carried. 12. August 8, 2024, the Billboards and Fences sections for the application was presented to Planning & Zoning. Public Hearing – (23-00958) Fences, Billboards, RV Parks – Development Code (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Amendments – Proposed updates to the Development Code – Alan Parkinson (Action) Presentation: The Commissioners confirmed that they had all had a chance to review the proposed ordinance amendments. Bruce arrived at 6:36 pm. Alan reviewed the Billboard section of the proposed ordinance amendment and the group discussed how the proposal grandfathers current billboards to be repaired and replaced, but does not allow any new billboards. Vince asked about the date missing from the proposal. Alan confirmed the date would be the date the ordinance was passed. The review moved on to the Fence section of the proposed ordinance amendment. Alan summarized the administrative approval and sight triangle requirements. Vince inquired about barbed wire fencing only being allowed in TAG. Alan explained that the current code only allows for barbed wire fences in the TAG zone for agriculture use. Vince expressed his concern with allowing livestock in all low residential zones but not allowing barbed wire fencing to contain the livestock. Alan suggested that a different material could be used for the fence, such as wood, vinyl, smooth wire, metal, etc. Rob agreed with Vince, and stated he would like to see it changed. Alan cited aesthetics and children as a few reasons to not have barbed wire in residential neighborhoods. Alan moved on to the proposed clarifications regarding prohibiting gates from swinging over sidewalks for public protection, then to the sight triangle requirements. Tree requirements were discussed as new trees that are required in developments can pose a challenge in maintaining the sight triangle. The discussion circled back to allowing livestock in multiple zones, but only allowing barbed wire fences in TAG. Points were made including barbed wire fences not fitting in the city, barbed wire being designed for livestock, other types of fencing being more expensive, and the enforcement of fencing. Chairperson Smith opened the public input portion of the hearing at 7:04 pm. Favor: none Neutral: none Opposed: none Written Correspondence: none Rebuttal: none Chairperson Smith closed the public input portion of the hearing at 7:05 pm. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Conflict of Interest/Ex parte Conversation: Chairperson Smith asked the Commissioners to disclose any conflicts of interest or conversations held outside of this meeting relative to this particular subject. Commissioner Discussion: Randall touched on common sense and courtesy in ordinances and the more rules imposed, the more exceptions and loop holes people will find. He had no objections to what was presented and stated he would not object if the barbed wire language was removed. Vince inquired about the long term outlook of adjustments to the code. Alan responded that with people moving in, different situations, and new laws and rules to mitigate, code modifications will continue to be a full time job. Attorney Rammell added that as growth continues, in five to ten years, there will be conversations taking place that were never expected. Sally expressed her frustration with the lack of public involvement. Attorney Rammell summarized the previous animal conversations that resulted from a concern regarding 4H animals and how the barbed wire conversation is a result of that change. Rob agreed with Attorney Rammell that as the city grows, there will be conversations that are not anticipated and questioned if by discussing it now would prevent future issues with annexations. Alan replied that if the land is being used agriculturally when brought into the city, it would be grandfathered and allowed to continue. Attorney Rammell reminded the group to acknowledge the needs of those with concerns, but not to ignore the impact on the majority. Brian inquired about the fence review procedure and how it was implemented. Alan replied that every single fence company in the valley we could find was contacted and informed them of the new code. The group discussed the options for enforcement. Vince proposed allowing barbed wire in TAG, RR1 and RR2 to allow a way of taking care of pasture. The group discussed properties currently used for agriculture and how being grandfathered would allow them to continue being used agriculturally. Randall spoke to the tension between city and country and the growth he has experienced in Rexburg in the last 25 years. He explained that those who have been here for a long time don’t want their country ways taken away because the city needs a large population, but you can’t have a large population without rules, or it will end up a city that no one wants to live in. Alan stated he rarely sees barbed wire fences within the city. Vince amended his proposal, to include only TAG and RR1. Alan listed a few subdivisions zoned as RR1 as examples. Vince decided he was good with the way it was written. MOTION: Motion to recommend City Council approve the new language in the fencing and billboards sections of the code as written. Action: Approve, Moved by Randall Kempton Seconded by McKay Francis. Commissioner Discussion on the Motion: VOTE: Motion carried. (Summary: Yes= all , No= , Abstain = ). (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Yes: Vince Haley (Vice Chair), Randall Kempton, Sally Smith (Chairperson), Bruce Casper, McKay Francis, Vanessa Johnson, Rob Woodall, Brian Thackeray No: Abstain: 13. August 21, 2024, the RV Parks section of the application was presented to the City Council for a second read. Ordinance No 1318 Amendment to the Rexburg Development Code, Ordinance No 1200, as it pertains to RV Park permitted uses for CBC, and other substantive and non- substantive items #23-00958 – Alan Parkinson Discussion CITY OF REXBURG ORDINANCE NO. 1318 DEVELOPMENT CODE ORDINANCE 1200 AMENDMENTS AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT CODE (PLANNING AND ZONING ORDINANCE NO. 1200) CONCERNING SUBSTANTIVE AND NON- SUBSTANTIVE ITEMS; THE FOLLOWING CHANGES HAVE BEEN MADE: AMENDMENTS TO PERMITTED AND CONDITIONAL USES IN ALL COMMERCIAL ZONES PROVIDING FOR TINY HOMES ON WHEELS AS A CONDITIONAL USE; PROVIDING FOR VIOLATION OF THE PROVISIONS OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; AND PROVIDING FOR THE EFFECTIVE DATE OF THE ORDINANCE. Council President Walker moved to approve Ordinance No 1318 Amendment to the Rexburg Development Code, Ordinance No 1200, as it pertains to RV Park permitted uses for CBC, and other substantive and non-substantive items and consider second read; Council Member Chambers seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member C. Erickson Council Member E. Erickson Council Member Reeser Council President Walker The motion carried. 14. August 21, 2024, the Fences and Billboards sections of the application were presented to the City Council. Planning & Zoning recommendation to approve an amendment to the Rexburg Development Code, Ordinance No 1200, as it pertains to Fences and Billboards as well as other substantive and non-substantive items #23-00958. Designated (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org as Ordinance No 1320 and considered first read if motion passes – Alan Parkinson Action Item Planning and Zoning Administrator Parkinson reviewed the amendments to the Rexburg Development Code, Ordinance No 1200 as it pertains to billboards. These changes were reviewed by the Strategic Team. The additions to the code are highlighted in green. Discussion regarding limiting the number of billboard signs. There are about seven billboard signs in the city. P&Z Administrator Parkinson said the new billboard sign code would allow the grandfathered billboards to be replaced instead of just being repaired until they reach the end of life. P&Z Administrator Parkinson reviewed the amendments to the Rexburg Development Code, Ordinance No 1200 as it pertains to fences. The items highlighted in green are additions to the code and the items highlighted in red and stricken out is wording being removed from the code. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org P&Z Administrator Parkinson explained there were some challenges with fences causing problems in areas near intersections. He said he had property owners requesting to put up a six-foot solid privacy fence in their front yards so he and several staff members spent quite a bit of time driving around neighborhoods to determine which fence height would work. They pulled into driveways to determine if they could pull out safely from the driveway if there were a fence in a certain position or area. These were some of the questions that caused them to look at different fence height options and locations of the fence. The sight triangle and intersections will determine the height of the fence. P&Z Administrator Parkinson said the drawings were added to the code so residents could have an idea of the potential situations when putting up a fence in a particular location on their property. The current fences are grandfathered, the new codes are for new fences only; however, if they are replacing a fence the property owner would need to abide by the new code. All new fence permits will be reviewed by the Planning and Zoning Department. The property owner would not be charged a building permit fee; however, there are certain circumstances where they are required to pay a building permit fee if they exceed eight feet in height to make sure the fence is engineered correctly. Council Member C. Erickson questioned if a property is in the RR1 and tag zone and the property owner removes the barbed wire fence would they be able to replace the fence with new barbed wire? P&Z Administrator Parkinson replied the old, barbed wire fence is grandfathered in these zones and the fence can be maintained; however, new barbed wire fences are not allowed. Council Member C. Erickson expressed his concerns about not allowing barbed wire fence in these zones because farm animals are (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org allowed in these zones. P&Z Administrator said there are other types of fencing that would keep animals in that property. Council Member Johnson asked P&Z Administrator Parkinson how they plan to enforce the new fence code. P&Z Administrator Parkinson replied they have been proactive by contacting the fence companies to inform them of the new fence code. He said contacting the fence companies has been immensely helpful because they have contacted him with the address of where they are installing the fence. When a building permit is submitted for new homes, they inform the contractor of the fence code. The city’s Code Compliance Officer will also assist in enforcement of the fence code. Council Member Chambers moved to approve Ordinance No 1320 an amendment to the Rexburg Development Code, Ordinance No 1200, as it pertains to Fences and Billboards as well as other substantive and non-substantive items and consider first read; Council Member Reeser seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member C. Erickson Council Member E. Erickson Council Member Reeser Council President Walker The motion carried. 15. September 4, 2024, the RV Parks section of the application was presented to the City Council for a third and final read. Ordinance No 1318 Amendment to the Rexburg Development Code, Ordinance No 1200, as it pertains to RV Park permitted uses for CBC, and other substantive and non- substantive items #23-00958 – Alan Parkinson CITY OF REXBURG ORDINANCE NO. 1318 DEVELOPMENT CODE ORDINANCE 1200 AMENDMENTS AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT CODE (PLANNING AND ZONING ORDINANCE NO. 1200) CONCERNING SUBSTANTIVE AND NON- SUBSTANTIVE ITEMS; THE FOLLOWING CHANGES HAVE BEEN MADE: AMENDMENTS TO PERMITTED AND CONDITIONAL USES IN ALL COMMERCIAL ZONES PROVIDING FOR TINY HOMES ON WHEELS AS A CONDITIONAL USE; PROVIDING FOR VIOLATION OF THE PROVISIONS OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; AND PROVIDING FOR THE EFFECTIVE DATE OF THE ORDINANCE. Council Member Chambers moved to approve Ordinance No 1318 Amendment to the Rexburg Development Code, Ordinance No 1200, as it pertains to RV Park permitted uses for (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org CBC, and other substantive and non-substantive items and consider third read; Council Member C. Erickson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member C. Erickson Council Member Reeser Council President Walker The motion carried. 16. September 4, 2024, the Fences and Billboards sections of the application were presented to the City Council for a second read. Ordinance No 1320 Amendment to the Rexburg Development Code, Ordinance No 1200, as it pertains to Fences and Billboards as well as other substantive and non- substantive items #23-00958 – Alan Parkinson Discussion: Council Member Johnson moved to approve Ordinance No 1320 Amendment to the Rexburg Development Code, Ordinance No 1200, as it pertains to Fences and Billboards as well as other substantive and non-substantive items and consider second read; Council Member Reeser seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member C. Erickson Council Member Reeser Council President Walker The motion carried. 17. September 18, 2024, the Fences and Billboards sections of the application were presented to the City Council for a third and final read. Ordinance No 1320 Amendment to the Rexburg Development Code, Ordinance No 1200, as it pertains to Fences and Billboards as well as other substantive and non- substantive items #23-00958 – Alan Parkinson Council Member Johnson moved to approve Ordinance No 1320 Amendment to the Rexburg Development Code, Ordinance No 1200, as it pertains to Fences and Billboards as well as other substantive and non-substantive items and consider third read; Council Member E. Erickson seconded the motion; Mayor Merrill asked for a vote: (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member E. Erickson Council Member Reeser Council President Walker The motion carried.