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HomeMy WebLinkAboutP&Z MINUTES MARCH 26, 1980APPROVED AS READ ~ 27 Aug 80 MINUTES OF REXBURG CITY PLANNING & ZONING COMMITEE PRESENT: Jim Keller - Chairman Alice Tout Bob Purrington Dan Hess Jim Flamm Chuck .Frost Meeting called to order 26 March 1980 at 7:30 p.m. by Chariman Jim Keller. Minutes of 27 February .1980 meeting were read and approved. Old Business: 1. Gene Mace presented the .final Platt of Autumn Arbor Platt which shows a change from condominium concept to townhouse concept. .Lots are now platted so the property can be sold. A question was raised concerning fire walls and clearances on set-backs. Parking. by Lots 26 and 27 appeared to be very tight. Minimum of 45' required. Mr. Reese stated this PUD will meet Idaho Falls PUD ordinances. Rexburg does not have a PUD ordinance. Moved by Alice Tout for approval. Seconded by Bob Purrington and passed unanimously. 2. Earl. Kemp presented Ricks-Palmer sub-division 1. 28 lots included on • western side of property, sump by Lots 14 and 15 will handle storm drainage by .going under the canal to Barney gravel pit. Dean Ricks will get agreement with Gene Palmer which will allow the development to be accessed via private road through Millhollow Meadows Mobile Home Park.- This access. agreement will be .filed with final Platt. City Attorney to review and approve water drain agreement... (attached) Proposed covenants for development also attached. Moved Bob Purrington, seconded by Dan Hess and passed unanimously. Approved final Platt with attachments of covenants, water drain .and .access agreement. 3. Kyle Jeppeson presented a petition to up-zone Section 3 and 4 Block 19 from R-2 to R-1. Moved by Dan Hess, seconded by Alice Tout and passed unanimously. Recommend a hearing to up-zone property. City Council to schedule hearing. .Mary Smith to schedule the hearing which must be .held for zoning change. (Petition attached) 4. City to mount. an enlarged zoning map on wall of meeting room for reference at future Planning and Zoning meetings. Adjourned 8:30 p.m. r ~ ~~ L L' 1'v'l ti . ~ C ~ c ~! ~ i City Planning and Zoning Board Rexburg City Council We the undersigned property owners do hereby propose an upgrading of the existing zoning of sections3 & 4, block 20, in the City of Rexburg, County of Madison, State of Idaho from the present R2 to R1. It is felt that this area would be best served if it were designated for primary residences and therefore should be zoned Ri. We request your prompt consideration and action on this matter. ,-~ r. ~~ ~~ ;~ F -.,%~. ~~~` ~ ~ ~- J ,; , _v. _ ~~,, ~ ~"..dc~ ~y~ L ~~ ~. ~~~ ~~ i ~-=~ ~ , ,`S- ~ ~'" fi , yes ~~,~~-~~~; ~ ~ ~ ~ _ i~ ti~~ '~ / r L~<: - /.r r ~ /jam ~ /;-~ ~, y~~ , l • U G~ o ~~ . ~~~ ~?~~ ~ ~~ .~~ ~ ~~ ~~ ~~~ ~ ~Q y~~ ~~~ ~ a~ ~~ ~ L ~ ~~ ~J ~/~ C~l/~~~J ~~ ~G -Gv~ ~C~ l/ ~~ -~11~ . i • DECLARATInN OF-COVENANTS Part A - PREAMBLE THIS IN??ENTL~E, made and executed the 26th day of March, 1980. WT T~?F S cETH WHEREAS, the undersigned, Henry Dean Ricks and Carina M.. Ricks, husband and taife, Gary M. Ricks and LaLeene Ricks, husband and wife, and Gene k'. Palmer and Clarann Palmer, husband and wife, all of Rexburg, r~tadison County, State of Idaho, are :the owners in fee of ail the land contained within the boundaries of the following described real property, to-gait: Commencing at a point that is 1642.79 ft. North of the .Southeast corner of the SW ~ of Section..ZO, T. 6N., F.. 40 E., BM, Madison County, Idaho and running thence N 999.67 ft., thence S 89°30'17" E. 1446.5 f~ to the E bank of the Rexburg City Canal, thence aloe ~ - E Bank of said canal S. 10°31'05" E: 226.74 ft., S. 5°57'35" E 209.57 ft., S. 0°36.'03" E. 392.87 ft S. 11°19'00" W: .164.19 ft., thence S. 89°55`23" W. 1481.50 ft., to the. point of beginning. • The alat of said subdivision having been duly filed and recorded in the office of the Recorder, Madi-son County, Idaho, as Instrument Number on the day of 19 and w is y re erence is incorporated herein, .and t~?EREAS, it is deemed necessary and desirable for the protection of'the undersigned and of all future purchasers and owners of said lots that certain reasonable restrictions be placed upon the use of said lots in the addition aforesaid, by th-e under igned and by all future purchasers, and o~mers and occupants thereof, .for a reasonable period of time. PdC?W, THEREFORE, in consideration of the premises and irz further consideration of said lots,-.the undersigned owners, for themselves, their heirs, executors, administrators and assigns, do hereby covenant and agree to and with each and all future purchase and o«ners of each and all of the lots in said tract and their hei executors, administrators and assigns as"follows: Part B - AP.EA OF APPLICAT:~ON 1. Fully-Protected Residential Area. The residential area covenants in Part C in t eir entirety shall apply to all the property above described. • F ,_ Part C - RESIDENTIAL AF.EA COVENANTS 1. Land Use and Building Type. No lot in said residen- tial area shal e use except or resi ential purposes. No .building shall be erected, altered, placed or permitted to remain on any such lot other than detached single-family dwellings, with basement apartments permitted for one additional single family .with the exception that the lots in Blocks 2,3 and 5 may be used for multiple dwellings up to but not exceeding four-plexes, provided, however, in the event a single-family dwelling is first constructed on a lot in the South or North half of any of said Blocks then that half shall be restricted to the same type single- family dwelling as first provided herein. The same exception shall apply to lots 13 thru 20 of Block 4. 2. Arcl~itecLural Control. TTo t~ui.lJ_ri~; ~;IZall b~, ~~r~ct-t~c1, placed., or altere on any of un-tiT the construction plans and specifications, and a plan showing the location of the structure, have been approved by the architectural control committee as to the quality of worl~nanship and material, harmony of external desigi with existing structures, and as to location with respect to topog- raphy and finish grade elevation. No fence. or wall shall be . erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved. Approval shall be as provided in Part D herein. -' 3. Buildin Location. No building shall be located.. any lot nearer than 5 feet to the front lot .line, or nearer than 30 feet to any side street line. No building shall be located nearer than five -feet to an interior lot line. Na dwelling shall t located on any interior lot nearer than 25 feet to the rear. lot line. For the purposes of this covenant, uncovered steps and porches shall not be considered as a part of a building; provided,. however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. - 4. Lot Area and Width. No dwelling shall be erected or placed on any of having a width of less than 75 feet at the minims building setback line nor shall any dwelling be erected or placed - on any lot having an area of less than 8,000 square feet. 5. Utilit Lines. All utility lines and pipe laid in said addition must e installed underground, and no telephone or electric line shall be installed therein on poles or posts above tY ground. 6. Nuisances. No noxious or offensive activity shall bE carried on upon any dot, nor shall anything be done thereon which may. be or may become an annoyance or nuisance to the neighborhood. • F - 7. Temporary Structures. No structure of a temporary character, trai~erl, basement house, tent,-shack, garage, barn or other outbuildings shall be used on any lot at any time as a residence either temporarily or permanently. 8. Signs.. No signs of any kind. shall be displayed to the public view on any lot ex cent one sign of not more than five square feet advertisin€; the vronerty for-sale or Eor rent, or sign used by a builder to advertise the property during the constructio and sales period. 9. Livestock and Poultry. No animals, livestock, or -poultry of any. in s a-I' Braise bred or kept on any lot excep that dogs, cats or other household pets may be kept., provided that they are not kept, bred or maintained for any commercial purpose. 10. Garbage and Refuse Disposal. No lot shall be used o maintained as a dumping ground for rubbish. Trash, garbage or oth .waste shall not b~ kept: E:xcE>nt~ 7_n s<~:nitary containers. All incinerators or other equipment for the storage or disposal of s`ucti material shall be kept in a cleanandsanitary condition. 11. Fences. No fence, including a solid board or picked fence or retaining wall shall be erected that does not have. an equally pleasing appearance. from either side unless permission is obtained in ti-rriting from the adjoining lot .owners whose property s~ fence separates. No fence or wall shall be erected, placed or altered on any lot nearer to any street than. the minimum building setback line,. or should be eliminated if clear vistas are desired. 12. Sidewalks. The purchaser of each lot shall construe or cause. to be constructed. a concrete sidewalk three feet in width and adjacent to the curb along the entire length of his front lot line-upon the completion of his dwelling or within 24 months of the date of purchase from developers. hereof, whichever occurs first.. Part D - ARCHITECTURAL CONTROL COMMITTEE 1. Membership. The Architectural Control Committee is comprised of Dean Riffs, Gary Ricks, and Gene Palmer. A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member. of the committee, the remaining members shall have full authority to designate a successor. Neither the member of the committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the then record owners of a majority of the lots shall have the power through the duly recorded written instrument to change the membership of the committee or_to withdraw from the committee or restore to it any of its powers and duties. If said conanittee ceases to function fog any reason, the requirements of this entire Part D shall be met by • filing plans and specifications for approval or disapproval of the Building Inspector of the City of Rexburg, Idaho. F -3- (" 2. Procedure. The committee's approval or disappro as required in t ese covenants shall he in writing. Tn the ev the committee, or its designated representative, fails to approve or disapprove within 30 days after plans and specifications have been :submitted to it, or in any event, if no suit to enjoin .the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. Part E - GENERAL PROVISIONS t' 1. Term. .The covenants ar_e to run with the land and shall be binding on all parties and a.11 persons claiming under then for a period of 25 years from the date these covenants are recorded after which time said covenants shall be automatically extended for successive. periods. of ten years. unless an instrument signed by a majority of the then owners of the lots has been recorded, agreei to change said. covenants in part or in whole. 2. Enforcement. Enforcement shall be-by any aggrieved party by prc~cee~cings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. 3. Severability. Invalidation of any one of these covenants by judgment or court order shall in no wise affect ar~f the other provisions which shall remain in full force and effec County of Madison. ) IN iiTTTNESS jJHEREOF, the undersigned owners have hereunto set their hands to these covenants the day and year in this indentu first above written. ., ; ~ ~-~-- ,, ~ ,~ STATE OF IDAHO, ) ss. On this 26 day of March 1980, before me, the undersigned,.a P•iotary Public in and or said State, personally appeared Henry Dean Ricks, Carina M. Ricks, Gary M. Ricks, LaLeene Ricks, Gene W. Palmer and Clarann Palmer, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITr?ESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate ~st above written. F _4_ Notary Public. for State of Idaho Residing at. Rexburg, Idaho My Commission Expires: