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HomeMy WebLinkAboutP&Z MINUTES AUGUST 02, 2007 Planning & Zoning Minutes August 2, 2007 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 Fax: 208.359.3022 www.rexburg.org Commissioners Attending: City Staff and Others: David Stein Mary Haley Rex Erickson – City Council Liaison Ted Hill Mary Ann Mounts Gary Leikness – Planning Administrator Mike Ricks Thaine Robinson Stephen Zollinger – City Attorney Josh Garner Randall Porter Jimmy Barrett – City Attorney Emily Abe - Secretary David Stein opened the meeting at 7:03 pm. Roll Call of Planning and Zoning Commissioners Randall Porter, Mary Ann Mounts, Thaine Robinson, David Stein, Mary Haley, Ted Hill Chairman Dyer was excused. David Stein will act as chair for the meeting. Minutes: A.Planning and Zoning meeting – July 19, 2007 Thaine Robinson motioned to approve the Planning & Zoning minutes for July 19, 2007. Ted Hill seconded the motion. Mary Haley, David Stein, and Randall Porter abstained for having not been present. None opposed. Motion carried. Mike Ricks arrived at 7:04 pm. Public Hearings: rd 7:05 pm – Conditional Use Permit – 366 W 3 S & 276 Steiner – Dormitory Housing (Thornburg) Alicia Thornburg, 264 Steiner,presented pictures of before and after they purchased the property. They would like a Conditional Use Permit to allow dormitory housing for ten (10) girls, with the managers in the basement of one of the homes. 15 parking spaces are provided, when only 12 are required. Kurt Hibbert helped her design the parking area for the proposal. 3 of the spaces are compact. Lots of green space, with vinyl fencing for screening is provided. Each unit has garbage containers that are screened with the vinyl fence and not visible from the street. For water runoff, all the water will run off onto their property and into the city drainage. There is a 22 foot wide rd two-way traffic lane in the parking area. All the parking will exit on 3 South, which is a wide street capable of handling all the traffic created. She pointed out the garbage storage areas on the site plan. 1 Thaine Robinson asked if the lights on the buildings are in conformance with city standards. Alicia Thornburg said they have not installed all the lighting. The lighting will be installed after it is approved through the city. They will work with the City to make sure their lighting is in conformance. Thaine Robinson asked how they propose to provide parking for visitors. Alicia Thornburg said they have extra parking stalls over what is required. Thaine Robinson asked where the closest dormitory housing was to this property. Alicia Thornburg said the rd home on the corner of Steiner and 3 South, along with the home next to it are both dormitory housing. Randall Porter asked if 276 Steiner will access Steiner for parking. Alicia Thornburg said all the access to parking rd is onto 3 South. Gary Leikness presented the staff report. He recognized that this property was before the Commission last year, but they have reconfigured the site plan. The duplex to the north was excluded from the proposal, and all access rd for parking was moved to 3 South. He went though the items in the staff report. Randall Porter asked if they are going to be able to fit all the parking on the property. Gary Leikness said they have room to revise their site plan and fit the parking. Chairman Stein opened the public input portion. In favor: Amber Googler, 264 Steiner. I am a prospective tenant, and have lived in Rexburg for the last four (4) years. There is a lack of housing for BYU-Idaho. This is a unique opportunity for a quiet neighborhood, and there is lot of green space. There is more parking provided here than in other areas. From my perspective, this would be a great asset to the community. The applicants have been working with the city and the community to improve the property. Mike Haley, 13415 South Valemont Lane, Happy Valley, Oregon. I have been doing the work on these homes. A lot of the homes in this area are in disrepair up and down the street. We have tried to create a real pride of ownership for these homes. These homes are top notch. If you keep things nice, they stay nice. There is plenty of area to move the parking back. Last year the issue was traffic on Steiner, and they have completely eliminated any access onto Steiner Avenue. There is a shortage for girl’s dormitory housing here, and Alicia would like to provide this. The vinyl fencing will screen the parking. Whatever is needed to comply with the ordinance will be done. Neutral: Opposed: rd Bonnie Garner, 326 W 3 S. I own Garner Nights Hall. I would rather give up all dormitory housing in the neighborhood than to change the entire neighborhood into dormitory housing. We reside next to a different apartment home, and the lawn has become awful, and there is garbage. I take personal responsibility for the fact that the Wilkes are no longer our neighbors. We made the mistake of buying in 2001 when we were unable to sell our other home and move to Rexburg. Even though we had a very carefully written contract where the managers we told in writing how to take care of the property and what was expected, students are busy, and taking care of property is not their top priority. If we raise the density, in a matter of 10 years, the whole neighborhood will be high-density housing. This is how inner city slums occur. These people have done a marvelous job at updating and improving the structures that were there. I know from personal experience that we have a nuisance ordinance that is not being executed. I do not see anything good happening from increasing the density there. We know the 2 people who crammed in a four-plex. They don’t care, because they don’t live there. Our young men love living in the area. Nobody would even know we rent to students, because we are upstairs and maintain the property completely. Mr. Haney has done a lot for the property. We went through the same process. I just don’t like what I see happening, because I know in a short time the whole area will be high-density rentals. There are young marrieds that have to move to Sugar City because they cannot afford to start a family here. I would rather do without our renters and keep it a quiet, lovely little neighborhood with housing that young marrieds can afford, than to cluster more dormitory housing. Written Input: Letter from Bryoni Southwick in favor of the proposal. Letter from Amy Hanks opposed to the proposal. Rebuttal: Alicia Thornburg said we live next to the properties, and have for 2 1/2 years, and have no intention of leaving. We have lived in Rexburg for 5 years and love it. We will personally ensure that the homes are up kept. We want these homes to be a beautiful asset to our community. That is what we have been working for, and will continue to work for. Rexburg is a college community, and housing has to increase to accommodate students. We have worked with Rexburg’s compliance officer and BYU-Idaho’s housing office to get all the approvals prior to getting this permit. We love the neighborhood too. We are not doing shared rooms; we are not doubling the occupancy to maximize our profits. We want to provide a nice home for students that will also benefit the community. We will work with the City to comply with the codes and ordinances. Chairman Stein closed the public input portion. Ted Hill said the MDR1 zone allows dormitory style housing as a conditional use permit, and the applicant has met the requirements and should be approved. Mike Ricks said he has a real concern with the size of the parking area. He pulled in there in his pickup a couple days ago, and when he backed out, his rear wheels hit the edge of the grass. There is not enough room in there to allow these parking stalls to function. The snow storage is also next to the sidewalks and entrance ways, and this creates a safety hazard. Mary Haley said Gary pointed out that the parking stalls are legally in the right of way. In order to make enough parking stalls as required, they would have to move the parking into the property to the north. In order to screen the parking, they will have to lose a parking space. There are young women who want to get out of large complexes to enjoy quiet study, but the apartment complexes should provide these quiet places, not the city. This is obviously a way to make money on these homes. By increasing the density in this area, these people will change the value of property. Our city is becoming slim on moderate housing. There are plenty of places for students to be University students. The right-of-ways in this area are for single-family residential areas. Those who are trying to provide housing in Rexburg have every right to do whatever they want, as long as they comply with our ordinances. At this time, I don’t feel that this area is a good area for dormitory housing. Mary Ann Mounts said we are talking out of two sides of the mouths here. If these people can comply, then they have the right to do it, and that is the end of the story. Whether or not the college needs the housing, whether we like this area to become such, or not, it doesn’t matter. All we are here to do is to follow the guidelines established in the ordinance. If these people can meet those, then they have an established right to go ahead with their plans. I am prepared to make a motion that we table this, so these people can see if they can bring back a site plan that meets all the requirements. 3 Mary Haley said the Commission is charged with the duty of planning & zoning for Rexburg. She feels a great responsibility to the citizens of Rexburg. This is a conditional use permit that is being requested, and it can be turned down. We do not have to say yes to every conditional use permit. Mary Ann Mounts said it is a zoning issue. If we don’t like the way the area is zoned, then the zoning needs to be changed. This is an allowed use in that zone, and we can’t alter that. The neighbors need to come in, like we’ve done in other neighborhoods, and request that the zone be changed so that this is not a conditional use. Because this is a conditional use, they have every right to comply to the conditions. If they meet the conditions, we cannot deny it. rd Mary Ann Mounts motioned to table the Conditional Use Permit for dormitory housing at 366 West 3 South & 276 Steiner Avenue until the applicant can present a revised site plan that incorporates the identified code requirements. We will pick the issue up again at the next meeting (August 16). Ted Hill seconded the motion. Those in favor: Those opposed: Mary Ann Mounts Mary Haley Ted Hill David Stein Mike Ricks Randall Porter Thaine Robinson Motion carried. Chairman Stein asked the public to keep their remarks in the public hearings under 5 minutes, since we have 3 more hearings tonight. 7:30 pm – Planned Unit Development – Founder’s Square Brent Coles; 5126 Belair, Boise Idaho. We worked diligently through the development of the PUD ordinance. Our organization wants to build projects that are more traditional, early American style of homes. To do these types of homes, the standard 1/3 acre lots do not really work. We want to become a part of the growth of the community of Rexburg, and set a high standard. We are proposing Founder’s Square, which will consist of features that describe the traditional communities of America, as America grew up. He presented the development to the Commission. Ted Hill asked how many single family units will be involved. Brent Coles said there will be 108 dwelling units. Mike Ricks asked how they will drain the property, since this is a low spot. Brent Coles said they have worked with John Millar very closely on that issue, and he has gone out and planned how that will drain. The landowners will all contribute to the cost of pumping that water out. Winston Dyer said there is a major storm drainage facility that will continue down to the property on the north. The City is in the process of design right now for constructing a major detention pond and an actual storm drain pump station. This will pump the storm drainage th out of there over to the 7 South storm drain interceptor pipeline. Since this area is in a basin, traditional means of infiltration were deemed to be insufficient. The City has put together an agreement with all these property owners to participate in the cost of these facilities. They should begin construction either later this fall or next spring. In the near term, we could be putting in some temporary ponds as was done for the development to the south. 4 Randall Porter asked how they plan to handle snow removal on the streets. Brent Coles said the streets are standard City width, and the city will take care of them along with the other City streets. Thaine Robinson asked if Hillside Park will be a private or public park. Brent Coles said the park will be a private park in that the homeowner’s association will take care of the park. It might not be large enough for the City to accept ownership of it and maintain it. Thaine Robinson said it will be very popular as a sleigh hill, so we should be concerned about parking around the park. Brent Coles said there will be room for parking on the street above the park. Gary Leikness said this proposal is a preliminary master plan/preliminary plat. The Commission will recommend to City Council whether or not the preliminary plat should be approved. He presented his staff report. Chairman Stein opened the public input portion. In favor: None Neutral: None Opposed: None Written Input: None Chairman Stein closed the public input portion. Brent Coles said the CCRs will require that the garages be 30 feet back from the property lines, and 20 feet back from the front of the house. You will never have a 2-story structure less than 15 feet from another 2-story structure. We will also be able to comply with a 30 foot building height limitation very easily. As far as the additional needed open space, we thought the 7 foot setbacks throughout the development would count as open space. We will work with the cell tower owners to do a conservation easement where the property drops down to get the extra needed open space around the cell towers. Mary Ann Mounts motioned to recommend to City Council to approve the preliminary plat for the Founder’s Square Planned Unit Development subject to the proposed conditions in the staff report (see below). Randall Porter seconded the motion. None opposed. Motion carried. Proposed Conditions of Approval: General 1.The final master plan shall be provided which includes all required submittal standards and all conditions of approval. 2.All recommendations and requirements from the City Engineer shall be adhered to and incorporated in the submittal of the final master plan and other approvals necessary. 3.Language should be clear in the CC&Rs that no approval granted by the HOA or Architectural Committee shall violate City Code (e.g. accessory structures, building heights, fencing, location of building on lot, etc.). 4.The final CC&Rs shall be reviewed and approved by the City Attorney prior the recordation of a plat. 5.No variation from the LDR1 zone building height standard is granted. The language that suggests this in the CC&Rs shall be modified and submitted with the version submitted for review with the final master plan. 6.Requirement of the underlying zoning prevails where no specific requested variation has been considered and granted. 7.The City’s clear vision area of 30-foot shall be observed. These areas shall be clear of all permanent and temporary obstructions. Driveways shall not be included in the clear vision areas as parked vehicle will constitute a temporary obstruction. Vegetation and fencing in these areas shall follow City standards. 5 Performance Standards 8.Natural Features- The development intends to incorporate the hillsides as undeveloped areas. Hillsides shall include a conservation easement that precludes any development of these areas, other than identified park areas. This easement shall be shown on the final master plan, and ultimately on the recorded plat. 9.Utilities- All new utilities must be placed underground. 10.Water Conservation- The final master plan shall show how, in sufficient detail how the proposal will incorporate low volume irrigation systems throughout the landscaped areas of the development. 11.Individual lot owners shall be required to incorporate low volume irrigation systems throughout their landscaped areas; this requirement shall be stated in the CC&Rs under Section 4.13. 12.Refuse Bins- Individual trash bins shall be screened form the public right-of-way on days of no trash service in the neighborhood. 13.Future trash receptacles intended for trash service pick-up and that are placed in the common areas such as proposed parks must be screened in a manner that is similar in material and character of the neighborhood. This shall be incorporated in the final CC&Rs. 14.Glare Reduction- The proposal must adhere to the City’s lighting standards Common Open Space 15.Required Common Open Space- Each PUD must provide at least 10% of the gross area as open space and recreational area. The applicant is proposing collectively 2-acres. As the gross area is 36-acres, this requires the developer to incorporate 1.6 additional acres for open space/recreation area. This shall be incorporated in the final master plan application. 16.Maintenance- As the common areas are proposed to be private rather than public, the homeowners association shall be responsible for common space maintenance. Until such time as a homeowners association is established, the applicant or owner of record shall be responsible for all maintenance of common areas and all unsold lots. 17.Hardscape- In order to determine hardscape percentages the final landscape plan, submitted with the final master plan, shall provide detailed information on hardscape percentages. 18.Common Activity Areas- Playground equipment or pathways with benches and tables through natural or landscaped areas shall be shown on the final landscape plan to be submitted as part of the final master plan application. 19.Landscaping Per Unit- The landscaping language found in the PUD ordinance shall be included in the final CC&Rs. 20.Water Conservation- The final landscape plan shall identify drought tolerant species being used and where zones are located within the common space areas that can maximize water conservation by incorporating plants that have similar water usage demands. Master Plan Approval Time Limitations 21.The preliminary master plan shall expire within two and a half years of approval if a final master plan has not been reviewed and approved by the City within that time. 22.A complete final master plan must be submitted within 1.5 years of approval of the preliminary master plan or the preliminary master plan will expire. Josh Garner arrived at 9:00 pm. thth 7:45 pm – Conditional Use Permit – 12 W & 7 S – Madison High & Burton Elementary Schools Chairman Stein asked if the agenda item was for both the high school and the elementary school, or just the Elementary School. Gary Leikness said we will only be hearing the Elementary School tonight. Johnny Watson; JRW & Associates, 1152 Bond Ave. He thanked the City staff for their being available through this process. Although we are discussing only the elementary school this evening, we showed the location of the high school also to help and give needed information. We felt that it is important to address why the elementary school 6 was placed there for traffic impact reasons. Mr. Dyer will explain the traffic flow and the preliminary traffic projections. We are still working on the official traffic impact study. Winston Dyer presented the traffic issues in the area. Based on traffic counts, it is highly likely that some additional turning lanes will be required. There will not be a need for additional traffic lanes, only turning lanes. The Commissioners discussed the possibility of commercial development in the area. Mary Ann Mounts asked if there had been any consideration given to having a joint drop off area where the high school kids can go one way, and the elementary kids can go the other way. Johnny Watson said they thought about this, but there is a 45 minute difference in starting times for the two different schools. Winston Dyer said they also positioned the drop off areas to be right next to the schools for the convenience of sick children and mothers with babies in the car. Mary Haley asked about other attractions in the area that will generate traffic. Winston Dyersaid similar circulation patterns will be generated for special events. Mike Ricks asked if the location and setting of the elementary school is set up so that additional classrooms can be added in the future conveniently and efficiently. Winston Dyer said they have discussed this issue. The floor plans of the building provide areas for expansion to be done at minimal cost in the future. Johnny Watson presented the site plan for the school. The elementary school will be built with classroom space for 400 students. The core area is all designed for 450 children. We can add additional classroom space as needed. The Community has indicated that we want to maintain our community schools. 450 students is a threshold for when you get beyond a community school. According to the school’s traffic person, about 90% of the rural kids ride the bus. He pointed out the utilities in the area. There are currently two (2) irrigation ditches on the property. One actually feeds the property, and the second feeds the neighbors to the west. In our discussions with the neighbors, we are going to put a new 48 inch culvert to replace the existing undersized culvert. The ditches will th have to be relocated farther south in order to accommodate the widening of the road for the turning lane on 7 th South and 12 West. The ditches will remain open across the future development ground. The elementary school will put in a screen at both ends of the culvert under the elementary school. The irrigation for the entire will come off the existing water rights, not the city system. All the storm water will have to be retained on site per Mr. Millar’s requirements. The building itself will be broken up to comply with design standards. It is a very nice looking building, but is not extravagant. It is designed for permanence and maintenance free. David Stein asked if the children in the subdivision to the east will be bussed or will walk to school. Johnny Watson said 95% of the students will be bussed, and the others will be driven. At the current time, no children will be asked to walk to school. Mary Haley asked what costs will be the responsibility of the schools, and which will be the city’s. Johnny Watson said everything shown on the proposal will be the responsibility of the school. Gary Leikness presented the staff report. Chairman Stein opened the public input portion. In favor: None Neutral: 7 Tim Parkinson, 2581 W 1000 S, asked if the school would take responsibility for possible flooding if they screen the ditches. Johnny Watson said it is the school district’s property, so it is their liability. Tim Parkinson asked why they couldn’t put a road in between the two schools to re-direct some of the traffic off of th 12 West. Opposed: None Written Input: None Rebuttal: Johnny Watson said there will eventually be a North/South route through the properties in the future. We have planned it such that it hopefully will not be a straight shot, so high school students don’t shoot past the elementary school. Chairman Stein closed the public input portion. The Commissioners discussed re-vegetation of the property after construction. Mary Ann Mounts motioned to recommend to City Council approval of the Conditional Use Permit for the Burton Elementary School with the conditions listed in the staff report (see below). Mary Haley seconded the motion. None opposed. Motion carried. Proposed Conditions of Approval: 1.Trash receptacles shall be fully screened from the public right-of-way and should not be visible from adjacent residential property. 2.There should be no outside storage of material or equipment unless fully screened form public right-of-way. This screening, if in it self is deemed objectionable by affected property owners, should be reviewed and approved by the Planning Commission or designee. 3.A site plan reflecting all conditions of approval and incorporating all City standards, e.g. landscaping, parking, etc. shall be submitted and approved by the City prior to the issuance of a building permit. 4.Commercial lighting standards per the City’s development code shall be adhered to. 5.Large equipment that is to be located on the subject property and is to used for heating/cooling/ventilation of the proposed building(s), or similar uses, shall be located the maximum feasible distance from any adjacent residential dwelling unit, and shall incorporate any current technology that reduces noise generation. 6. As there will be residential growth occurring to the north, which due to the location of this school will require student to cross 7 South a collector street, the applicant shall agree to financially participate in future pedestrian safety improvements th (e.g. crosswalks, signals, etc.) across 7 South. The timing and scope of those improvements will be dictated by the City th Engineer. Those improvements would include maintenance financial responsibilities as well. 7.One way to ensure that the development incorporates what the City has established as good architectural and site design, the proposed building and site shall adhere to the City’s design standards or as negotiated with the established Design Review Committee (DRC). Elements from both the commercial and residential design standards should be considered. 8.Pedestrian traffic to the east shall be accommodated by the installation of sidewalks per City standards to the intersection of 12 West and 7 South. This need only be on the south side of 7 South. Canals shall be covered in front of the school ththth and canals to the east shall be fenced in to prevent pedestrian accidents from occurring. Design of safety fencing shall be reviewed and approved by the City Engineer. 9.The applicant shall agree to dedicate the right-of-way of the future 13 West. Currently this is proposed to be the internal th driveway serving guest parking. 8 10.The proposal shall be subject to all recommendations made by the traffic impact study. Installation of recommendations must occur before occupancy of building occurs. 11.To buffer noise generated by large groups of children, landscape buffers between the school and future areas of residential uses (those areas currently designated as residential on the Comprehensive Plan map should be incorporated now to allow for proper maturation 12.A landscape plan shall be submitted as part of site plan review and building permit review the plan shall address all areas to be used for the elementary school use as well as areas that are to be disturbed as part of site development. In addition, the plan shall state a commitment to the City that all areas under the ownership of the school district for the entire parcel shall be maintained and be kept clear of all nuisances, e.g. illegal trash dumping, noxious weeds, dust, etc. Chairman Stein called a 5 minute break. th 8:00 pm – Conditional Use Permit – 575 W 7 S – Madison Middle School Modular Classrooms Mary Ann Mounts declared a direct conflict of interest and excused herself from the table. Nick Holmes, Madison School District. He said the school district wants to place two temporary modular classrooms at the Madison Middle School. We do not think we will need these after the other schools are built. This will be a very temporary situation. He pointed out where they want to place the modular unit. Chairman Stein asked if they had considered putting it where it could not be seen. Nicksaid there was, but the proposed location was most convenient for them. Gary Leikness presented the staff report. Chairman Stein opened the public input portion. In favor: None Neutral: th Jeff Jacobson, 806 S 5 W. The location of the units doesn’t really affect me at this point. I am just here to see what happened. The proposed location seems to narrow the corner a little. I am not opposed, but would assume not see in any further south. Opposed: None Written Input: None Chairman Stein closed the public input portion. Thaine Robinson said he would like to see the location moved, for student’s safety. Josh Garner said he would like to see it moved, since it would not work where they are proposing it. Mary Haley said the closer the students are to the building, the more a part of the facility they feel. We should ask them to get it as close as they legally can get it to the building in the Northwest corner of the parking lot to the south. It would be much safer up closer to the building. 9 Randall Porter asked whether they should be asked to put the sidewalk in along the street now. Stephen Zollinger said they have an agreement that they will put the sidewalks in upon the City’s request, which has not been requested yet. We haven’t asked for it yet, since it wouldn’t go anywhere. Mike Ricks said there is a bike path along that side of the road that gets used a lot. Ted Hill said before we require the building to be put in that location, we should find out if it would work in that location. Nick Holmes said they would do what they could to make it work. Randall Porter motioned to recommend to City Council to approve the Conditional Use Permit for the modular classrooms at Madison Middle School with the conditions listed in the staff report (see below), and that the building be moved as close as it can be to the building on the northwest side of the southern parking lot. Josh Garner seconded the motion. Gary Leikness pointed out that conditions #7 and #8 from the staff report may not be applicable. Mary Haley said these modular units need to be temporary, and they should have to come back to us to extend the time limit. Randall Porter amended his motion to strike conditions 6, 7 and 8 from the staff report. Josh Garner seconded. None opposed. Motion carried. Proposed Conditions of Approval 1.Trash receptacles should be fully screened from the public right-of-way and should not be visible from adjacent residential property. 2.There should be no outside storage of material or equipment unless fully screened form public right-of-way. This screening, if in it self is deemed objectionable by affected property owners, should be reviewed and approved by the Planning Commission or designee. 3.A site plan reflecting all conditions of approval and incorporating all City standards, e.g. landscaping, parking, etc. shall be submitted and approved by the City prior to the issuance of a building permit. 4.Commercial lighting standards per the City’s development code shall be adhered to. 5.Large equipment that is to be located on the subject property and is to used for heating/cooling/ventilation of the proposed building(s), or similar uses, shall be located the maximum feasible distance from any adjacent residential dwelling unit, and shall incorporate any current technology that reduces noise generation. Unfinished/Old Business: The Commission discussed the sign ordinance issue. They scheduled a work meeting for Thursday, August 9 at 7:00 am to discuss the public input that was received at the last meeting. New Business: None Compliance: None Non controversial Items Added to the Agenda: None Report on Projects: 10 ndth Gary Leikness said there will be community meetings on August 22 and 25with the Planning Consultants on Rexburg’s Comprehensive Plan. Gary Leikness said we are closer to starting on a parks plan for Rexburg. Gary Leikness said Dan Hanna will report on the Design Standards meeting with the College on the new auditorium at the next meeting. Tabled requests: None Building Permit Application Report: None Heads Up: 1.Conditional Use Permit – 270 American St. – American Self Storage Expansion nd 2.Conditional Use Permit – South 2 East – Cell Tower (Teton Communications) 3.Preliminary Plat – Henry’s Fork Plaza revised plat 4.Temporary Sign Ordinance Deliberation Chairman Stein adjourned the meeting at 10:55 pm. 11