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HomeMy WebLinkAbout10.05.17 P&Z Minutes 1 Commissioners Attending; Heidi Christensen - Chairman Mark Rudd Melanie Davenport Bruce Sutherland Steve Oakey Gil Shirley?? Kristi Anderson City Staff and Others: Brad Wolfe – City Council Liaison) Val Christensen – Zoning and Building Official Stephen Zollinger – City Attorney Craig Rindlisbacher – City Planner Tawnya Grover – P&Z Administrative Assistant Colten Murdock & William Klaver – Community Development Interns Chairman Heidi Christensen opened the meeting at 6:30 p.m. Roll Call of Planning and Zoning Commissioners: Attending: Melanie Davenport, Greg Blacker, Heidi Christensen, Kristi Anderson, Bruce Sutherland, Mark Rudd, Steve Oakey, Rory Kunz, and Gil Shirley. Darrik Farmer and John Bowen were excused. Minutes: From Planning and Zoning meeting – September 7, 2017 Greg Blacker was present was here, but is not in the roll call. Steve Oakey motioned to approve the Planning & Zoning minutes of September 7, 2017 as recorded. Greg Blacker seconded the motion. Mark Rudd and Melanie Davenport abstained for not having been present. VOTE: All in favor. None opposed. Motion carried. Heidi Christensen reminded the Commissioners to raise their hand and be recognized before speaking. She will also be timing people as they speak. Public Hearings: 1. 6:35p.m. U Wrench Annexation – 1334 N. Yellowstone Hwy. - (#17 00461) Due to expansion and additional hook-up to city water and sewer the lot adjacent to city limits, the city is requesting the lot be annexed into the city. 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Planning & Zoning Minutes October 5, 2017 2 Craig Rindlisbacher – This parcel is on the Sugar City highway. U-Wrench is an auto repair shop. They want to make improvements and have requested city services. The city’s policy is to annex the parcel into the city limits when hooking up to water and sewer. Craig explains how the parcel is contiguous to city limits. This parcel is on the edge of Rexburg’s impact area. An entire area to the west was proposed to be annexed into the city, but a property owner objected. The agronomy center did not want to be included in the annexation. City limits were clarified. Steve Oakey asked how U-Wrench would be serviced, but denied to surrounding neighbors? Where do the utilities come in? The utilities run in front of the property. The water line was constructed this summer and comes up the Sugar City highway and loops West into Wal-Mart for a continuous line. The sewer line has always run down the highway to Sugar City, because Rexburg services Sugar City’s sewer needs. Other parcels in the area have access to the sewer, but have not asked for it. The parcels would need to be contiguous and desire to hook in to the city services. Steve Oakey asked if the neighbors had been notified. Stephen Zollinger responded that everyone within 300’ has been notified of the annexation. The city did not go out and knock doors this time, but the last few times the neighbors were asked, there was no interest. Craig responded the adjacent owner north of U-Wrench was contacted, but did not respond. Steve asked, does this create any difficult issues with the city? Stephen Zollinger responded there are no issues with any of the service providers. Gil clarified the water and sewer positions. Stephen answered his questions. Chairman Christensen asked for any other clarifying questions. None. 3 Chairman Heidi Christensen opened the public input portion of the hearing at 6:41p.m. Favor: None Neutral: None Opposed: None Written Input: None Rebuttal: None Chairman Heidi Christensen closed the public input portion of the hearing at 6:42 PM. She invited staff to report. Val Christensen talked about a couple of boundary adjustments that have been reconciled with GIS department. Commission deliberation. Mark Rudd asked, at what point does the City encourage those other parcels to hook-up to the City services? Val answered, when their septic system fails, state law requires them to hook up within 300’ of City services. The bigger issue is the parcels must also be contiguous to city limits. Melanie suggested the request of the applicant is policy and the applicant is following the policy. MOTION: Melanie Davenport motions to approve the annexation of 1334 N. Yellowstone hwy. to the City of Rexburg, because this request is following the City procedures and the applicant is following the procedure. Rory Kunz seconded the motion. Commission Discusses the Motion: The motion is a recommendation to City Council and no further discussion is needed. VOTE: Those in Favor Melanie Davenport Greg Blacker Chairman Heidi Christensen Kristi Anderson Bruce Sutherland Mark Rudd Those in Favor (continued) Steve Oakey Rory Kunz Gil Shirley Those Opposed None Motion Carried. Chairman Heidi Christensen closed the public hearing at 6:46p.m. Unfinished/Old Business: None New Business: None Report on Projects: 1. Report from short-term rental task force – Rory Kunz. 4 This task force was put together as a request from City Council. Rory Kunz sat as chair of the task force. A couple members of the community and a couple members of the City Council served on the task force. Greg Blacker also served on the task force. The conclusion the group has come to, is that while the goal is to make the City law-abiding as to the state statute, not all will be happy with the direction the task force is heading. The task force proposes that any changes made in the development code will be incorporated into the city ordinances. 1) All zones will be allowed to have nightly rentals. LDR and RR zones, the owner or agent must be present or on site while the property is being used as a rental; an agent needs to be the agent for at least thirty (30) days. 2) All those having a rental will obtain a city license and neighborhood compatibility check. The compatibility check will look at parking, screening, lighting, landscaping, etc. to prevent overnight parking on the streets and will require approval from staff. a. $100 – initial fee and covers building permit and inspections b. $50/year – renewal fee c. This allows us to know where those rentals are and address complaints. 3) Any property will be brought to current code standards for a single-family unit. 4) The change will be made on the bed and breakfast and short-term rental definitions a. “owner or agent” will be added 5) On the application, as an advisory, several items will be noted. There will be a notice to check with the mortgage planner for their property. There will also be a notification to check with their insurance to make sure they are properly insured. Applicants will also need to make sure the H.O.A. do not covenants against such. The City will be released of liability. 6) Any person in violation by a city ordinance officer three (3) times, will have their license revoked. Rory identified the next steps; whatever the Commission changes will be taken back to the task force and the changes discussed. Those changes will come before the Commission again. Stephen Zollinger clarified the process. The Commission has to have a public hearing for land uses. Then, a recommendation will be made to City Council and they will determine if another hearing is needed depending on the response from the community. Otherwise, they will follow the ordinance passage process. Kristi likes the direction the task force is heading. Heidi asked about the City management of this process. This will follow the current business license process. Melanie asked about limiting the number of rentals in the LDR zones. Rory responded, by requiring adequate off-street parking, the number would limit itself. Stephen Zollinger informed the Commission, the language being proposed is “one (1) parking stall per each bedroom rented”. Mark Rudd asked about what a parking stall would be defined as. Parking definitions are currently outlined in the development code. The rentals will have to meet all the requirements everyone else has to follow. Greg asked if a list for the inspection has been created. Rory answered, the inspection would be just like an inspection for an occupancy permit. Val answered, the change of use to a short-term rental will require a building permit. Each permit will be tracked by address. The fee proposed would cover the cost for someone to go out there to look for safety issues. If changes are required, additional fees may be needed to cover further inspections to make sure the changes have been made to address those safety issues. 5 Rory clarified the application documents that the nightly rentals is not the same as a duplex. Bruce asked, when you are talking about an agent or owner that lives there, did you give consideration to the more restrictive zones. Stephen Zollinger answered there is no provision that prevents anyone anywhere from renting a part of their home. Someone has to live in the home for a long-term basis to allow for the short-term rental. Steve suggests there will still be much opposition, but the language is good for now. It is unfortunate John could not be here, due to his stand on this issue. John was at the Tuesday meeting, but Rory is not sure if John got all of his questions answered. Bruce suggested the biggest problem will be neighbors complaining; he likes the policing. Rory clarified that a strike is verified by law enforcement. Steve thinks the owner or agent on the premises will limit the problems. Heidi thanked Rory and Greg for their service on the task force. 2. Staff considerations for language changes in development code – Val Christensen Val suggests much of what he had to discuss has already been covered. The licensing, inspection, and the three-strikes will be fine-tuned. Stephen says three-strikes rule does not exist in state of Idaho, but clarifies a persistent nuisance allows taking away peoples’ rights. Language for a persistent nuisance definition can be something that is discussed. If you have no issues about moving this language into the code, the next available hearing will be in November. This will give the City Council the opportunity to finish with the short-term rental work before the legislative session. Heidi directed that this item be put on the agenda for the first Thursday in November 2 for public hearing. Tabled Requests: None Building Permit Application Report: None Heads Up: October 19th Hearings: 1. (#17 00576) to change the Comprehensive Plan Map from Neighborhood Commercial Mixed Use to Moderate –High Density Residential for Block 50 of the original Rexburg town site and Block 1 Lot 1 of the Parker addition in the City of Rexburg, Madison County, Idaho. November 2nd Hearings: 1. (#17 00537) Silver brook – Jonathon McMullin - to rezone the property at approximately 104 S. 2nd E. as listed by the following legal description from Medium Density One (MDR1) to High Density Residential (HDR1). The applicant is also seeking Conditional Use Permits (CUPs) for dormitory and reduced parking to 65% in the Pedestrian Emphasis District (PED). Melanie motioned to adjourn the meeting. Kristi seconded the motion. None opposed. Motion carried. The meeting was adjourned at 7:17p.m. until October 19th, 2017.