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September 16, 2004
7:00 P.M. City Council Chambers
Attending: Winston Dyer, Chairman -Rex Erickson, City Council -Mary Haley, Jerry Hastings, Ted
Hill, Joseph Laird, Mike Ricks, Robert Schwartz, Stuart Wells, Kurt Hibbert Community Development,
Cathy Winters, Community Development
Chairman Dyer called the meeting to order at 7:05 pm.
The minutes from September 2, 2004 meeting were reviewed.
Mary Haley moved to accept the minutes with corrections.
Mike Ricks made the second motion.
Motion Carries.
(Minutes corrected and placed in file.)
2. Tabled requests: There were no tabled requests.
3. PUBLIC HEARING
• Public Hearing -Conditional Use Permit - Rhett balling - 222 W 2nd N - Appliction# 04 00294
Kurt Hibbert displayed the map showing the property. There is sufficient lot size to
accommodate parking. Staff recommends approval: City has worked with property owner to do
a lot line adjustment to allow both lots to have the needed minimum square footage for this zone.
Lot is conforming and a CUP for use in this zone is a property right granted by our ordinance.
Group discussion on this project included the incomplete information on the application, the
application was completed the questions that were unanswered should have been completed with
non applicable. A wife's signature was questioned, but not required. Questions about
construction noise were raised; the project is complete so noise is not an issue. Zoning
Ordinance Page 41, Chapter 5, 5.3.B was discussed regarding joint use parking.
Chairman Dyer opened the Public Hearing.
No one had signed up to speak.
Chairman Dyer asked the Commissioners for comments.
Mary Haley asked that the Ordinance be clarified, the commission turned down a person earlier
for wanting to use offsite parking.
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Chairman Dyer reminded the Commissioners of provisions of pages 52 & 53 of the Zoning
Ordinance. This use is allowed in LDRl .
Mary Haley moved to approve the application for a Conditional Use Permit at 222 W 2nd N with .
the conditions listed on pages 52 and 53 of the Zoning Ordinance Manual.
Mike Ricks made the second motion.
Motion carries.
Public Hearing -Conditional Use Permit -Duplex for Married Students CUP Skylar Black
Application #04 00310 - 336 W 3rd S - Dorm Style Housing with Managers Apt.
Group discussion regarding the zoning, MDR is the current zone. The parking was questioned;
one parking space per bed and two for managers is required. A written agreement with the
neighbor was requested.
Chairman Dyer asked the commissioners if there were any more questions.
Jerry Hastings made the motion to approve the Conditional Use Permit for 336 W 3rd S with the
following conditions Page 52 and 53, Zoning Ordinance 6.13 and require applicant to get in
writing an agreement with neighbor and record at the county. Based upon staff review buffering.
Robert Schwartz made the second motion.
Motion carries
4. New Business:
Johnny Watson representing Devon Hughes - College Ave -Conceptional Ideas
Design plans were passed out to the commission. College student housing in the form of several
high-end three story buildings encompassing athree-block area on Collage Ave, one block. The
look of an Ivy League "Greek Row" housing complex with pedestrian friendly, human scale,
landscaping, benches, detailed architectural features housing 400-500 students. The plans
featured narrowing College Ave. change to one-way traffic North to South with speed limits of
15 MPH to discourage traffic, but maintain a street large enough for fire access. Parking would
be in back of the buildings. The housing will have a historic look creating a link to the campus.
Green space and a park like atmosphere will be along all three blocks with landscaped round
about to allow for outdoor studies and activities. The construction schedule is spring 2005.
This will be designed to encourage more pedestrian traffic in the downtown area.
Mary Haley: Are you planning on parking in the alley?
Devon Hughes: Things we are asking: one way street; houses closer to the street to
accommodate parking in back, and asking for alley access. Our goal is to get, as much green in
this area is possible. We want to keep the beauty and accommodate the parking.
Chairman Dyer: Are there any comments of the proposal?
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Jerry Hastings: What kind of density are you anticipating?
E • Devon Hughes: We are probably going to need high density. We are looking at 12-14 houses on
that street when all is said and done. 36 students per house. Three level apartments, with
storage, utilities and laundries in the basements with maybe one apartment. We are thinking of
having an apartment in the attic. Potentially you might have students on 4 floors counting the
basement.
Chairman Dyer: For planning purposes this makes perfect sense, aesthetics, we are
contemplating redevelopment zone there is opportunity for this development, I saw utilities in
alley,
Mary Haley: The LDS church has limited parking, have you presented this to the church?
Devon Hughes: No
Stuart Wells: I see students thinking this would be a great thing, a pearl in the community - I
like the parking behind. I think this needs to happen.
Chairman Dyer: We would like to see this project move forward, if we need to have a zone
change, we need to make it happen.
• Devon Hughes: Tom Hudson recommended the design of the streets and circles; of course they
will have to be approved by fire department and public works. We want to start this project in
the spring of 2005 by demolishing 2 houses at first.
Group discussion regarding the assets and detriments of the plan. The commission agreed this
could be a dynamic project.
Chairman Dyer: In past we have made zone changes for projects, and then when approved, the
property is immediately sold to another person. We can make it a condition of the rezoning that
this project will have to move forward. We have to have a commitment that this is what we are
going to see when we are done. In conclusion we have the redevelopment plan before us that has
to be completed. We plan to have that finalized by February. As you know we will ask for
public input, and have public hearings. Thank you for thinking outside the box.
5. Non Controversial Items Added to the Agenda:
GIS presentation 3-D Modeling
Presented by Danny Bradshaw, Kade Smith, Eric Smith
The presentation was very impressive. The new programs allow a vision into the future and a
look at the current City of Rexburg.
,' • Chairman Dyer: The idea of utilizing our resources to help in our vision and objective is the best of
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all worlds.
6. City Council actions on P&Z recommendations:
Public hearing October 6 for the Comprehensive Plan
7. Zoning Compliance: Kurt Hibbert
Life & safety letters are going out September 17, 2004 revoking occupancy on the ones who
have not complied. We will then review the zoning ordinance on the one`s who have complied.
We will be looking at parking and all zoning compliance issues.
Jerry Hastings: The road on west side of the University, why hasn't it been built?
Kurt Hibbert: We will need to have Mr. Millar discuss this issue.
Jerry Hastings: Didn't we make a condition of the approval?
Kurt Hibbert: To my knowledge those requirements are in place.
Jerry Hastings: Do we have in our powers, city in general, do we have in our powers to control
certain types of businesses.
Rex can't legislate against a type of business - if someone wants to put in an adult bookstore, we
can turn that down but could not turn down other businesses.
Chairman Dyer asked about Peterson Plaza parking on the right of way.
Kurt Hibbert said the striping was stopped and there will not be parking on the right of way.
Mary Haley asked about the portable sign that blocks the right of way
Kurt Hibbert stated that some are grandfathered but they are required to get a permit. We need
to address banner signage
The question of the privately owned used cars that have moved to the front of staples.
Kurt Hibbert noted they are hard to regulate because they are on a private parking lot.
Rex Erickson informed the commission the state motor vehicles can ticket private property
owners if they don't have a permit to sell used cars.
Kurt needs copy of state ordinance
8. Unfinished/Old Business:
A. Comprehensive Plan
Public Hearing in front of the City Council October 6.
B. Mill Hollow -Discuss Ordinance 548 Changes (Ordinance 548 in last weeks packet)
Karen Arritt
Karen area discussed the problems they are having within the Mill Hollow Subdivision watering
the playground situation. We have been watering the park area out of a ditch, but cannot
continue with the watering because they are filling in the ditch. It will be too expensive to pay
for City water. All of Mill Hollow was county originally then we were annexed into the city.
All of Mill Hollow was originally HUD homes after the flood. We took and changed the lots
and made 2 lots out of the 3 lots HUD had established. We provided Laundry facilitates as .
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required by the ordinance, they were built and not used by residents. There were available for
about two years without use. We only have 3 HUD homes left and those homes along with all
the homes in Mill Hollow their own laundry facilities. We want to develop a smaller play area
. and use the balance for 8-10 lots. In the ordinance, page 14 item C of Ordinance 548 a minimum
of 8% or gross mobile home will be used for recreation. As Mill Hollow exists now with almost
a 3 acre playground we do not meeting the 8% minimum. Karen repeated the statistics she gave
in August regarding lot sizes. With the current playground area we have an unused area of 64%.
If we develop the new lots and playground we will still have 61 % unused.
Chairman Dyer asked what happened at the last meeting?
Cathy Winters and Jerry Hastings stated the findings of the last meeting. We requested
Mill Hollow review and bring back to the commission recommendations for changing the
ordinance. We talked about concerns, we told them we could not approve anything they were
requesting because it was against the ordinance. We did not have a copy of the ordinance at that
time. There was confusion about the most current ordinance. This is the correct ordinance,
Ordinance 548.
Karen: we are in compliance with the state regulations and have information we feel the state
standards should be used over the city. Sections that deal with rodents, insects, and
communicable diseases are out dated. I contacted the president of the manufactured homes and
he is reviewing other cities ordinances. These ordinances are outdated. The ordinance is geared
more toward a travel trailer park than a mobile home park. Mr. Hibbert and I met and agreed we
need a separate mobile home park and travel trailer ordinance. This ordinance is way out of
i • date, it needs to be revised, and it needs to be corrected. We need to implement state ordinances,
which are more up to date.
Chairman Dyer asked Karen if she had you seen any other ordinances?
Karen Arritt stated she has not reviewed any ordinances. She has requested copies but has not
received them at this time. I don't know how feasible it is to comply with an outdated ordinance.
If we are not allowed to develop this area it is will become anon-used area and will not be a
green space it will be a dry area.
Chairman Dyer replied that by law it has to be a green space.
Karen Arritt stated that if you take my water away how she could do that.
Mary Haley stated if you can get water to the homes, you could get water to the playground. I'm
concerned more about the accessibility of the proposed homes, how are you going to access the
property?
Karen Arritt we have not confirmed any ideas at this time because that is an expense we don't
want to incur until you tell us to go ahead. We could take out one or two of the existing lots to
• put a street in or to finish another street, cul de sac. The streets are wider 44' we have curbing,
gutters, enclosed dumpster area and is a nicer than any other mobile home parks in the state. The
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only ordinances we do not meet are the laundry facility, the washroom and the 8% playground
area.
Chairman Dyer stated in summary you feel the ordinance it's age and requirements and should •
be rewritten and separate from RV parks.
Group discussion regarding the ordinance, fencing requirements, water rights, county property
before city. HUD development after the flood.
Chairman Dyer asked the Commissioners if they want to take this on and look at this. It is clear
that you are grandfathered but when you start development you have to meet ordinances.
Kurt Hibbert suggested the existing ordinance would be hard to amend, I asked Karen to review
other ordinance since -1r. : owns 60 parks. I had hoped Karen would contact him and he could
give us more information on other ordinances.
Jerry this is our request from the last meeting, we can review and rewrite the ordinance but there
is not a guarantee that we will come up with a new ordinance they may not be approved
Mary Haley asked Karen to fight for your water rights
Mr. Palmer stated from the audience that the water rights is an issue, they don't actually have
rights they have shares. Mr. Palmer gave the history from early 1900's there is a written
agreement that perpuates the supply of water.
Conclusion:
Separate mobile home ordinance from RV park ordinance
Review State standards and address any and all requirements we need to abide by
Contradictions need to be address
Bring ordinance current, as it is out of date
Review open space requirements
Mill Hollow and Karen Arritt will provide other ordinances for Kurt Hibbert to review.
C. Annexation Policy
Annexation Draft
Consulting with other communities on annexation policies.
Chairman Dyer requested Kurt Hibbert put the annexation policy in ordinance form and have
Steve Zollinger make any changes or corrections
D. Overlay District
US 20 overlay
Kurt reviewed the Provo ordinance being used at this time. (See handouts) •
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Comments liked the ordinance
• Chairman Dyer asked if this is the tool we want to pursue at this time.
The Commissioners agreed this was a good plan to pursue.
Kurt Hibbert stated Mayor Larsen suggested a study from Main street south on 2nd E.
The Commission agreed Kurt Hibbert should go forward with this type of overlay with revisions
and review with Steve Zollinger.
Group discussion on overlay plan.
Kurt Hibbert showed pictures of town homes and planned communities in Boise as an example
of what can be done on Cornell.
Rex Erickson stated the Boise town homes are what the council would like to see on 2nd E.
Craig Rindlisbacher stated we need to find the common values, the process is as important as the
product. We need to define the values of the community then determine the process. Build trust
within the community, gain a buy in and improve the product.
Kurt Hibbert requested the commission to give thought to this, neighborhood meetings, and
processes to get community involvement.
Craig Rindlisbacher mentioned the GIS project intent was to introduce you to it. In your mind is
there anything else you would like to see?
Chairman Dyer questioned how realistic is it to utilize the GIS 3D system?
Craig Rindlisbacher stated he sees it as a tool for the community to visualize what we are
thinking. Primary focus is to help the community to understand the planning for the future.
Dismiss 10:55
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