Loading...
HomeMy WebLinkAbout03.16.17 P&Z Minutes1 Commissioners Attending; City Staff and Others: Bruce Sutherland – Acting Chairman Brad Wolfe- City Council Liaison Melanie Davenport Val Christensen – Community Development Director Mark Rudd Natalie Powell - Community Development Compliance Officer Gil Shirley Stephen Zollinger – City Attorney John Bowen Colton Murdock – Community Development Intern Greg Blacker Elaine McFerrin – P&Z Coordinator Heidi Christensen Rory Kunz Darrik Farmer Acting Chairman Bruce Sutherland opened the meeting at 6:30 pm. He welcomed everyone. The Commission appreciates the citizens’ interest in this community. Welcome: 1. Newly Appointed P&Z Commissioner - Darrik Farmer Chairman Sutherland welcomed Darrik Farmer to the P&Z Commission; he is replacing Jedd Walker. The Chair asked that Mr. Farmer tell the Commission a little about himself. Darrik Farmer said he and his wife have been married and have lived in Rexburg for 5 ½ years. Planning and zoning has always been an interest of his. When he worked at City Hall, he would attend meetings on his own time. It is the grass roots, and it is fascinating. He is now a police officer with the city of Rexburg. Chairman Sutherland said the Commission is glad to have him. This is a tremendous, dedicated board. Roll Call of Planning and Zoning Commissioners: Attending: Darrik Farmer, Rory Kunz, Greg Blacker, Gil Shirley, Mark Rudd, Bruce Sutherland, John Bowen, Heidi Christensen, Melanie Davenport Steve Oakey and Richard Smith were excused. Minutes: 1. From Planning and Zoning meeting – March 2, 2017 Melanie Davenport motioned to approve the Planning & Zoning minutes of March 2, 2017. Heidi Christensen seconded the motion. Gil Shirley and Greg Blacker abstained for not having been present. Darrik Farmer abstained as he was not a Commissioner at that time. None opposed. Motion carried. 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Planning & Zoning Minutes March 16, 2017 2 Public Hearings: 1. 6:35 pm – Conditional Use Permit – 342 West 1st South, #704 – Requesting a Conditional Use Permit to allow a short-term rental in the MDR1(Medium Density Residential 1 Zone, per the Rexburg Development Code Ordinance No. 1115 - Andrew Cargal Chairman Sutherland explained the procedure that is followed for a public hearing. The applicant will come forward to explain the proposal. The Commission may ask clarifying questions; the public may also ask questions for clarification. Public hearing testimony will then be given. Those in favor of, neutral to or opposed to the proposal may testify. Please state your name and address for the record. Written comment will be read into the record of the hearing. The staff report will be given, followed by discussion and deliberation by the Commission. The Commission is a recommending body and will make a recommendation to the City Council, who will make the final decision on the request. Andrew Cargal, 584 East 4th South, the applicant. He presented the proposal for short term rental for property at 342 West 1st South #704, one of the Snellgrove Townhomes. He and his wife have owned this town home for about nine years. They lived in the townhome for 5 years before moving to their home on 4th South, which they have lived in for about 3 years. The property was shown on the overhead screen map. There are 16 completed units; 4 of those units are owner-occupied. The other units are rented out to single people and to families, as is their townhome. They have not had any problems with renting it. They are looking for additional ways to add value to their investments, and to benefit the community and the city as well. John Bowen asked if the other townhomes are rented to BYU-Idaho students. Mr. Cargal said no; these are not university approved rentals. There may however be students from the beauty colleges. Community Development Director Val Christensen did not have additional comments to clarify the request. Chairman Sutherland opened the public input portion of the hearing. He asked that citizens please be to the point. If someone has stated your opinion, please say you agree rather than repeating the issue. In Favor: Paul Meade, 460 South 5th East. He supports short term rental use in general. He owns an Airbnb in the United Kingdom. They stay there part of the year and rent it out as an Airbnb for the other part of the year. They have never had any difficulties with it, basically because renters have to go through an application process with Airbnb. He supports temporary letting of homes. It brings revenue into the city. He has noticed that the city’s website is inviting people to come to Rexburg from everywhere for the eclipse. This seems strange to him when the city does not always seem open to short term rentals. Rexburg has very few hotel rooms. It seems the city is trying to pick and choose. Kelly McCandless, 223 Jill Drive. He is in favor of this request. He has been a user of the service in other places and has had great experiences. He reiterates Mr. Meade’s comments. 3 Neutral: Clint Galbraith, 3339 West 6200 South. He owns Interwest Cabinets at 64 South 3rd West. He has a concern about needing to do this issue one building at a time. He is wondering if there are other options or ways to have a short term rental rather than doing a CUP for each request. Director Christensen said a CUP is required when the property is not owner occupied. The main reason is so the P&Z Commission and the City Council can hear the management plan for each request. Opposed: None Written Input: The letters are part of the official record of this Public Hearing and were read by Chairman Sutherland: 1. Letter from Jeffrey A Johnson and Tracie A Johnson - opposed to the proposal 2. Letter from Aaron and Jennifer Ball – opposed to the proposal 4 5 6 Rebuttal: Andrew Cargal thanked Val Christensen and Elaine McFerrin for their help, kindness, and patience with questions he has had over the past few months. He wanted to make a correction from what he stated earlier tonight in that the subject townhome community actually has 20 units, with 16 units rented out to individuals or families. Only 4 units are owner occupied. The Cargals do not live in their town home, but they do live in town. They will be the managers for this rental and plan to exclusively use Airbnb. They would be choosing renters through the Airbnb application process – this will help to assure good clientele; it is their safest option. Regarding the parking, the Cargals are seeking an exception to the 1 space per bedroom rule, because they will rent the townhome as 1 unit and not by the bedroom. They will issue for the renter up to 2 parking permits only. They understand the City’s regulation of 1 parking space per bedroom, but respectfully ask for this exception. People often come into Rexburg for possibly a wedding, graduation, dropping children off at college etc., or as a stop-off point toward Yellowstone Park and other destinations. The Cargals will closely monitor the rental situation of their townhome. They have rented the townhome out to single females for 3 ½ years. There was only one complaint during that time. The issue was taken care of and resolved right away. They would do the same thing with a short-term rental situation. In regard to the written input letters, one letter said this complex was for single family. The individuals, who wrote the letter, the Johnsons, do not live there but rent out the unit, as they live in Colorado. He reiterated that most people coming through town have an event to attend, or have planned a specific trip. Airbnb allows owners like the Cargals to ask specific questions so they can get a better feel of possible clientele. The owners rate the renters and the renters rate the owners. It is their investment. They care about the community. Another concern mentioned was covenants – this request does not violate the intended use. Garbage, noise, etc. will be monitored. The Cargals do not feel that will be an issue; there would be less garbage with a short term rental than there is currently for each unit. Noise is a viable concern, but this unit would be rented by people who are here for an event or just passing through, not for partying/rowdiness. The Cargals will clean and care for the townhome. However, they cannot predict exactly what may happen. They will do the best possible job to monitor the rental. The townhomes have a two- foot separation sound wall; the units are designed really well in regard to keeping noise levels down. Because the Cargals live in town, they can respond right away to any issues expressed to them. He asks to be given a chance. He and his wife love the community. They do not want to do anything to compromise safety. They want to do things the right way, and that includes obtaining a conditional use permit. They understand that a CUP can be revoked. They would do all that is possible to protect their investment and have this be a good, safe rental for the community. They are committing that they would uphold the policies of the city. Public input was closed. Greg Blacker appreciated the preparedness of the applicant. He asked for clarification on the provided parking. Andrew Cargal said there would be one covered parking space and one uncovered parking space; both spaces will be numbered. Mark Rudd asked for clarification on whether the Snellgrove town homes have covenants. 7 Andrew Cargal said there are covenants, but nothing restricts this particular use. It was clarified that the city does not get involved with CCRs (Covenants, Conditions, and Restrictions). It was clarified that a CUP goes with the property if is requested for. Director Christensen said that a condition could be set by the Commission if they wish to do so, that this CUP would apply to this owner only. Otherwise, the CUP goes with the property if there are future owners. John Bowen said this would be a use similar to a motel, where people come and go every day. Andrew Cargal said they would like at least a two-day minimum stay for their renters. Mr. Bowen said with people coming in and out every day, you do not know who your neighbors are. He is against changing one unit at a time for such a use. He would have no problem if all the units were for the same thing. Mr. Cargal said he does not disagree with concerns that have been expressed. They have done a lot of homework. He respects the concerns. Many people have a fear of the unknown. Director Christensen said the use would have been allowed if the unit was owner occupied. Staff has struggled with the parking in this request. From the Community Development staff report: “Staff recommends that this use be granted if the applicant provides adequate parking. Currently staff is requesting one parking space per bedroom for short term rentals. The proposed unit has three bedrooms and only two parking spaces. The applicant requests that this requirement should not apply to them as they would rent out the entire unit. Staff felt that the recommendation of one space per bedroom should be adhered to. If the CUP is granted the new use will trigger a change of occupancy and will require a building permit.” The decision is up to P&Z and City Council. In future meetings, there will be a more defined parking requirement. Melanie Davenport asked when the city adopted the ordinance regarding short term rentals Director Christensen said the ordinance was adopted in November 2016 addressing short term rentals, Bed and Breakfast, and boarding houses. It was clarified that short term rentals are not allowed, period, in the Low Density zones - LDR1, LDR2, and LDR3. Medium Density requires a CUP for short term rental use. In High Density zones, a short rental use can be done by right. Melanie Davenport was concerned about the issue being so open; the process could be totally circumvented. She had thought the issue would be looked at again by the city. There needs to be broader conversation on housing that is planned. Director Christensen said there were public meetings on the issue. As far as going forward, the zoning task force committee still has a lot of work to do, but the committee wanted to address some immediate concerns. Rory Kunz said that he is respectfully requesting that the Commissioners return to the subject CUP issue and deliberate and discuss it in order to make a decision. 8 Melanie Davenport said the Commissioners are reasoning together and asking questions. This is one CUP, but there are broad implications for the future because it will be referenced back to. She has not seen a time limit put on such a discussion. Chairman Sutherland asked the Commission if the proposal to manage this request is satisfactory. If so, are there any suggested conditions? John Bowen agreed with Mrs. Davenport. What is decided tonight will have a broad affect in the future. If the CUP is approved tonight, the next applicant who has an apartment and wants the same type of request will have had the door opened. Rory Kunz said this development is not an apartment complex. The units are individually owned. The obligation of the city is to notify the owners. That was done; only 2 letters have been submitted as written input. The Commission needs to make a decision on the merits before them. It is different for an owner who lives across town to manage a property rather than an owner who resides out of state. Mr. Cargal has a very good management plan for the short term unit. Director Christensen said a management plan could include that there would be 2 parking spaces, allowing for 2 cars. This could be a condition. Darrik Farmer said the applicant has presented a good plan. There could be a management plan to address the expressed concerns, including the parking. The applicants have invested in this issue, and he thinks they will manage the property well. Heidi Christensen agreed. She thought it would be good for this CUP to end with this owner and for it not to go on to future owners. Rory Kunz motioned to recommend approval to City Council for a Conditional Use Permit for 342 West 1st South, #704, to allow a short-term rental in the MDR1(Medium Density Residential 1) Zone, per the Rexburg Development Code Ordinance No. 1115, with 2 proposed conditions: 1. There shall be a management plan that shall be approved by city staff. 2. The Conditional Use Permit shall expire upon transfer and selling of property. Heidi Christensen seconded the motion. The “Standards Applicable to Conditional Use Permits,” Section 6.12B of the Rexburg Development Code No. 1115, apply to all Conditional Use Permits. Those in Favor: Those Opposed: Rory Kunz Mark Rudd Heidi Christensen Melanie Davenport Bruce Sutherland John Bowen Gil Shirley Greg Blacker Darrik Farmer Motion carried. 9 2. - 6:45 pm - Comprehensive Plan Map Amendments – City of Rexburg Area 1 - South Yellowstone Hwy - specified area in public hearing notice with map Area 2 - West Main - specified area in public hearing notice with map Community Development Director Val Christensen presented the proposals to change the city’s Comprehensive Plan map in two areas. 10 He explained Area 1 - South Yellowstone Highway as shown on the map. Developers are looking at the land for student housing. City staff felt a change from Neighborhood Commercial/ Mixed Use and Commercial to Moderate- High Density Residential for the specified property would be a positive change. Chairman Sutherland opened the public input portion of the hearing for Area 1. In Favor: Kelly McCandless, 223 Jill Drive, representing the owners of two parcels on Handcart Lane, and the Nyborg property, which are included in this proposed change. The property they want to develop is across from G’s Dairy. He is definitely in favor of the change to a Moderate-High Density Residential land use designation. There is a great need for additional housing in town. There is no access from Yellowstone Highway across the railroad; more commercial property here would not work. Neutral: None Opposed: None Written Input: None Chairman Sutherland closed the public input portion of the hearing regarding Area 1. Mark Rudd felt the requested change was a good fit for the subject property. Greg Blacker agreed. There was no further Commission discussion. Area 1 - motion Greg Blacker motioned to recommended approval to City Council of a Comprehensive Plan Map Amendment Change for the Area 1, South Yellowstone Highway, as specified, to change from Neighborhood Commercial/Mixed Use and Commercial to Moderate-High Density Residential as presented. John Bowen seconded the motion. None opposed. Motion carried. Director Christensen presented Area 2 - West Main as shown on map. For Area 2, the request is to change the specified area from Low-Moderate Density Residential and Moderate-High Density Residential to Neighborhood Commercial/Mixed Use. Instead of a piece of land coming forward one piece at a time, the city decided to request the change for the area. Director Christensen explained that the city felt such a change was a good fit for the area. Chairman Sutherland said most of the land is adjacent to Main Street. The Chairman opened the public input portion. In Favor: Cory Sorensen, 1041 Country Road, Sugar City. He is in favor of the requested change. Regarding the underlying zoning, most of the specified area has the professional overlay on it. This is an old overlay that was grandfathered in. The reason he is for this Comprehensive Plan map change is that it could eventually lead to a zone change that would get rid of the professional overlay and would allow for commercial development. He owns some properties on 4th North. The change would allow for a mixed use option on Main Street. 11 Neutral: DJ Barney, 440 West 1st North. The Carriage Cove property and part of the Homestead property are on land that was formerly his family’s land. He thought that there were 4 owner-occupied homes in this area. Main Street Station is not going to be redeveloped in the near future, nor is Carriage Cove or the Homestead. The requested change to have Neighborhood Commercial/Mixed Use here would fit. Opposed: Therba Paul, 65 North 5th West. She would still like the area to remain a neighborhood that is made up of homes. Christine Beesley, 66 North 5th West. A concern is traffic. Lots of children walk to Kennedy School. The traffic could increase if there are more businesses. It is a safety concern. Written Input: None The public input portion of the hearing regarding Area 2 was closed by Chairman Sutherland. Director Christensen explained for the audience that the Comprehensive Plan land use map is a planning tool. It is the vision of Rexburg’s future for land uses. The zoning map is more specific regarding what uses is allowed. Area 2 - motion Mark Rudd motioned to recommend approval to City Council of a Comprehensive Plan Map Amendment change for the Area 2, West Main area as specified, from Low-Moderate Density Residential and Moderate-High Density Residential to Neighborhood Commercial/Mixed Use as presented. Melanie Davenport seconded the motion. None opposed. Motion carried. 3. Development Code Ordinance Amendment – City of Rexburg It is proposed by file 17 00050 to review the current DEVELOPMENT CODE and make amendments to the document concerning substantive and non-substantive items. The advertised Notice of Public Hearing describes the proposed changes. 12 13 14 Community Development Director Val Christensen went through the Notice of Public Hearing which stated the specified proposed changes to the City of Rexburg Development Code No. 1115. Darrik Farmer suggested clarification of language for Area One of the PEO (Pedestrian Emphasis Overlay) parking. Change to up to first 99 beds – 6% visitor parking stalls. LDR2 and LDR3 proposed change –Duplexes and twin homes will become a permitted use in those zones instead of a conditional use. However, a review by staff that addresses neighborhood compatibility for parking, screening, lighting, landscaping, or other concerns would be required, HDR1 and 2 and Mixed Use – All dormitory housing would need to have a CUP, instead of being a permitted use. Director Christensen said the reason for this change is that the University has a new map indicating where the University would allow such housing; they have expanded their area, almost to 5th West. The city wants to look at this dormitory housing issue on a case by case basis. Delete Neighborhood Business District and rezone the few pieces zoned this way to Community Business Center. Under CBD (Central Business District Permit Uses - add the word “indoor” before “miniature golf”. Short term rentals (including boarding house and bed and breakfast) – will require two parking spaces for owner /manager plus one parking space per bedroom. Director Christensen said this language clarifies what is required. Chairman Sutherland opened the public input portion of the hearing. In Favor: DJ Barney, 440 West 1st North. He said in reference to Chapter 5.5 regarding a Parking Plan, he was kind of a co-applicant on this change. He is in favor of this change and actually wrote it up wanting to bring it forward to request the change. The city said it would present the proposed change along with other changes for the Development Code. He spoke with Val Christensen and the City Attorney about this request. It is more black and white. This would not just work for him; it would be beneficial for other types of businesses and the city. This is a good change. He has actually submitted a site plan for new development which has been approved contingent on these Development Code changes being approved. Neutral: Cory Sorensen, 1041 Country Road, Sugar City. He is very much in favor of the section on parking for student housing complexes that is addressed in this Development Code change. He is neutral regarding the BYU-Idaho map; he has known about the map for several years. As far as a CUP for every dormitory housing request in HDR1, HDR2, and MU, he does not see that as a problem. There are benefits and concessions on each side. Eric Sorensen, 145 South 2nd West. BYU-I is expanding their enrollment. A lot of additional dormitory housing is necessary to fill the need. Requiring a CUP for dormitory housing in the specified zones is one more step. If you have a plan, it seems that adding a conditional use for every applicant for dormitory housing in the specified zones involves additional time and work. 15 The current code allows the dormitory housing. He does not know if requiring a CUP is a good thing or a bad thing, but it is one extra step for developers. Opposed: None Written Input: None Chairman Sutherland closed the public input portion of the hearing. Director Christensen wanted to clarify in regard to the BYU-Idaho map that the city wants to do the right thing. The current map goes substantially into some neighborhoods. The City would like to make sure it has control over where dormitory housing might fit in the community. He stated the city has a very good relationship with the University, and they continue to work together. There are meetings of the City staff and the University staff on a regular basis. Melanie Davenport suggested that off-campus housing owners and perhaps the Chamber of Commerce might be included in future discussions. There needs to be better coordination. Heidi Christensen motioned to recommend to City Council approval of Development Code Amendments as stated in the hearing notice for this hearing, and with two (2) additional changes: 1. PEO Area One - clarify verbiage - up to first 99 beds would be 6% visitor parking stalls per number of beds. 2. 3.17.020 CBD Permitted uses - add the word “indoor” to specify “indoor miniature golf.” Rory Kunz seconded the motion. None opposed. Motion carried. Unfinished/Old Business: None New Business: None Compliance: None Non-controversial Items Added to the Agenda: None Report on Projects: None Tabled Requests: None Building Permit Application Report: None Heads Up: April 6 P&Z meeting: Conditional Use Permit – 248 and 250 South 3rd West – Requesting a Conditional Use Permit to allow a short-term rental in the MDR1(Medium Density Residential 1) Zone, per the Rexburg Development Code Ordinance No. 1115 - Jeff Diehl Rezone – Approximately 154 South 3rd West – Medium Density 1 (MDR1) to High Density Residential 2 (HDR2) – Park View Rezone – Approximately 278 North 2nd West – Light Industrial (LI) to Medium Density Residential 2 (MDR2) – City of Rexburg The meeting adjourned at 9:24 pm.