NOTICE OF PUBLIC HEARING

Re: Potential modifications to the Madison County Unified Development Code Chapters 115, Article II, Section 115-28; Chapter 115, Article III, Sections 115-54 and 55; Adopt new sections to Ch. 115; and Chapter 117, Article III, Section 117-52.

NOTICE IS HEREBY GIVEN that a public hearing will be held before the Madison County Planning and Zoning Commission at or after the hour of 6:30 p.m. on Wednesday November 10, 2021, at the Madison County Commissioner’s room, located at the Madison County Courthouse, 159 E Main, Rexburg, Idaho 83440, regarding the consideration of modifying the Madison County Unified Development Code Chapters 115, Article II, Section 115-28; Chapter 115, Article III, Sections 115-54 and 55; Chapter 117, Article III, Section 117-52. The proposed modifications are summarized below:

At present, Madison County Code, Part II, Unified Development Code, provides procedures for subdivision approvals in Madison County per Chapter 115, Article II, section 115-27; per Madison County Code, only subdivisions require any kind of survey instrument, leaving administrative land division options to be completed only with legal descriptions.  It is proposed that Madison County require a survey instrument to be submitted with every kind of land action, and that such surveys be accomplished by licensed surveyors or engineers, who adhere to State of Idaho standards.

Madison County Code, Part II, Unified Development Code, provides for design standards in Chapter 115, Article III, section 115-54, and states in part that, “All subdivision projects in the county proposing 5 or more residential units; including mobile home parks, condominiums, and other special developments “shall be required to provide open space as provided in this chapter.”  Hence, open space is expressly required in Madison County.

 In addition, Madison County Code, Part II, Unified Development Code, provides for design standards in Chapter 115, Article III, section 115-55, and provides for density bonuses based upon open space requirements.  It states in part that: “Greater residential densities than those allowed by the base zoning, may be granted for projects that provide more open space than the required minimum [.]”.

It is proposed that Madison County Code to specifically repeal section 115-54 and 115-55 previously implemented by Madison County, and, to not specifically place a requirement upon developers for open space, nor give density bonuses based upon open space requirements. Madison County desires to leave any requirement for open space to the individual developer to implement as they see fit to further provide an attractive subdivision for the public to live.

At present, Madison County has no process in place to amend platted subdivisions. There are occasions where amendments are appropriate and necessary. Such amendments may include: moving boundaries between lots, moving rights of way or easements, combining lots, moving building envelopes (if established on the plat), reconfiguring lots, or creating new lots if allowed by underlying zoning density. With no established process, there is no clear method when such changes are deemed necessary. It is proposed that new sections be added to Ch. 115 to allow a clear process for amending subdivisions. These additions to Chapter 115 would establish procedures for amending subdivision plats as it is determined necessary.

In addition, Madison County Code, Part II, Unified Development Code, provides for certain density requirements in Agricultural Zones, per Chapter 117, Article III, section 117-52(e); further clarification is needed as to the density requirement for Agricultural Zones. It is proposed that the density requirement be clearly stated as an average of one dwelling unit per sixteen acres in the Agriculture Zone.

The public is invited to attend, and public comment is encouraged. Written comment will be accepted in regards to this proposal no later than Wednesday November 10, 2021 at 4:00 p.m. at the Madison County Planning and Zoning Office, 134 E. Main Suite 208, Rexburg Idaho, 83440.

The proposed language for this potential modification can be accessed on the Madison County Idaho Website: https://www.co.madison.id.us/departments/planning-zoning

This notice is given pursuant to the provisions of §§ 67-6509, 67-6511, Idaho Code, and all amendments thereof.

DATED this _____ day of ­­­_______________, 2021

Madison County Planning and Zoning Commission

______________________________________________

By: Sue Bagley, Madison County Deputy Clerk

Published:       October 26, 2021

                        November 2, 2021

Please contact Madison County Planning and Zoning Office prior to any meeting if assistance is required for disabled persons planning to attend.

https://zoom.us/j/96202049064