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HomeMy WebLinkAbout01.31.19 P&Z Minutes - Joint Meeting_exppdf 1 City Staff and Others: Scott Johnson – Economic Development Stephen Zollinger – City Attorney Natalie Powell – Compliance Officer Tawnya Grover – P&Z Administrative Assistant Mayor Jerry Merrill opened the meeting at 5:32 p.m. Commissioner Keith Esplin read a memorial for John Mylar awarded by the Idaho Water Users Association from January 24, 2019. He provided copies for the City and his family to be distributed to them. Roll Call of Planning and Zoning Commissioners & City Council: Present: Mayor Jerry Merrill, Christopher Mann, Brad Wolfe, Tisha Flora, Sally Smith, Absent: Jordan Busby, Mikal Walker Present: Bruce Sutherland, Melanie Davenport, Steve Oakey, John Bowen, Darrik Farmer, Rory Kunz, Kristi Anderson, Keith Esplin, Vince Haley, Todd Marx. Absent: Greg Blacker Minutes: From Planning and Zoning meeting – January 17, 2019 Motion: Motion to set the meeting minutes for January 17, 2019, Action: Motion, Moved by Vince Haley, Seconded by John Bowen. Vote: Motion passed (summary: Yes = 8, No = 0, Abstain = 2). Yes: John Bowen, Keith Esplin, Kristi Anderson, Melanie Davenport, Rory Kunz, Steve Oakey, Todd Marx, Vince Haley. Abstain: Bruce Sutherland, Darrik Farmer. Public Hearings: None Tabled Requests: 1. (18-00684) - Development Code Omnibus – Repealing and replacing Ordinance 1115 to make layout, organizational adjustments, and amendments to the document containing substantive and non-substantive items. (action) Attorney Zollinger has already presented the changes of the Development Code. This is an attempt by City Staff to take the amendments made to the code over the last two and a half years and include them in the text. Efforts have been made to remove redundancies and begin the process of streamlining our code book and reduce it done to a more manageable 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Planning & Zoning Minutes January 31, 2019 2 or common sense version of itself. A couple of new changes were presented to the Commissioners. Tawnya was given the task of trying to get rid of some of inconsistencies and redundancies. Tawnya used the formatting of several other statutory books available, like the Building Codes. Tawnya explained as far as the print is concerned, the headings are color-coded according to if that requirement applies to all the zones, the kind of zone, or a specific zone. The text that is black has not been changed. If the text is red, the words have been changed; some of the items have a strike through them, showing the words have been deleted, others that are only red have been added. The notes off to the side identify where that information has come from, why something has been changed, or other important notes. Sally Smith and the City Council have not seen the new formatting. Printed copies were pulled for reference. The Table of Contents gives the readers an idea of the color coding methods. All the Administrative processes are in a single chapter, where previously these items could be found in three different places. All the definitions have been included in chapter two. Zoning rules that were repeated throughout the book have been included in a section labeled “Standards for all Zones.” If something is changed, you will go to that one place in the book, you will change it and the amendment will be done. Developers will know all the requirements in the section have to be followed. The next section would be for a specific kind of zone, like “residential” or “commercial”. These requirements are found at the beginning of all the specific zones. Supplementary requirements are truly “supplementary” or in addition to these other requirements based on specific areas of the city. In the Building Code, there is one person in charge, and everything is written around that one Department Head. In the Development Code, this person had many names. Now there is only one title used, “Zoning Administrator”. The highlighted areas in yellow are indicated as such to have us look at these and decide how those specific areas should read. One of those is the definitions for “duplex” and “townhome”. Commissioner Steve Oakey thanked Tawnya for all the work she has done. Tawnya found two items that need to be amended: the page numbers on the “Table of Contents” aren’t all correct. Attorney Zollinger suggested blank pages be inserted at the end of sections of the Code, so if items need inserted, the entire book need not be printed again, but the change would allow some space to use as needed. This would allow the printing and replacing of only certain pages. This is a common practice in legal documents. Tawnya intends to make a table for all of the changes suggested today. Commissioner Oakey used as a background for his thinking, a quote by Harvey Silverglade, from a book called, Three Felonies a Day, which says, “Even the most honest and informed citizen cannot predict with any reasonable assurance whether a wide range of seemingly ordinary activities might be regarded by federal prosecutors as felonies.” Steve 3 feels the complexity of the rules puts the City in jeopardy of breaking laws. The Development Code is difficult to understand and navigate. He promised when he was asked to work on the Commission to do his upmost to persuade other people that the rules that govern us are complex and confusing. He does not support zoning. On p. 90 he identified a lighting rule section j.1. “exempt lighting” – holiday lighting, which he knows his neighbors are in noncompliance with; seasonal lights are still up on their houses. Steve believes the book should be slimmed down. Commissioner Oakey talked about the short-term rentals and the Idaho Statute. Much discussion went on about the different levels of short-term rentals including “bed and breakfast” and “boarding houses”. Changes in the definitions for these levels would require the ordinance and public hearing process. An addendum was suggested, “See also Bed and Breakfast and Boarding House as categories of short-term rentals,” to the short-term rental definition. Chairman Rory Kunz clarified new items have not been added to the Code. Tawnya has changed the items that contradict each other and those that are redundant. The purpose is to approve the condensation of the current code book. A formal hearing will be needed for any changes other than clarifiers. We have short-term rentals in all the residential zones within the city. Attorney Zollinger stated there will be continuing work on the verbiage in the Development Code, trying to get back to six zones and qualifiers within the zones. Commissioner Oakey would like to part of this discussion. Within six weeks, a presentation will be given on form-based code in the downtown area, the densest part of the city. Commissioner Oakey noticed on p. 243, the project scoring from the infill/redevelopment area. We could probably remove the infill/redevelopment area requirements. He would like the manufactured/mobile homes chapter 12 removed to allow renters a step up to home ownership. He suggested possible removal of parking minimums, citing an article called “The Parking Problem that Wasn’t,” by Rachel Quednau, written March 14, 2018. He has a handout to share the information with the Commissioners and City Council and he encourages them to use this as a beginning place for research about possible parking solutions. Development downtown run into parking problems. Commissioner Darrik Farmer stated the housing is not a free enterprise system. The BYU-I campus regulates housing by percentages. Mayor Jerry Merrill stated that it would be nice if they didn’t have to have parking rules. However, there are always people that complain to the city their parking is being used by others. City Councilman Tisha Flora stated an example of students’ parents who call her wanting to know what she will do to solve this student’s problems with parking. Tisha tells the parents this is a private entity and asks about any contracts that may be involved. Tisha tells them the City is aware of the parking problems and is trying to figure out solutions. She personally allows the student to park in her driveway until a place can be found to park the vehicle. Housing is thinking a solution is a parking lot 1200’ from their doors. Tawnya refocused the meeting on the errors in the Development Code. Kristi Anderson brought up the requirements in Mixed Use regarding the additional units incentive for a parking structure. Is there a limit? To go higher, you would have to go seven or nine stories to get a greater density than 42 units; this is self-governing. Two projects were 4 contemplating parking structures that could not make a parking structure pencil with the limited densities in place. The parking requirement is not reduced. This new rule was identified and brought to the attention of the Planning & Zoning Commission at their first meeting on this Development Code organization. Section or Location Change Needed Reason Updated Table of Contents Sections need to match page numbers Accurate reference X End of each section Pages left intentionally blank Future additions; easy print & update X Definitions Visual definitions for signs Duplex Amended language Clarify X Short-term rental definition (See also Bed and Breakfast and Boarding House as categories of short-term rentals.) Clarify the other 2 categories of short- term rentals X Daycare & Nursery Schools definitions Unclear; number of children missing Compliance with State statute X 3.05.120 Blade signs Complete sentence needed X Commercial Design Standards Move the requirements to the front of the commercial section This matches the rest of the formatting. X Commissioner Darrik Farmer feels the grammar and clerical errors should be done in smaller groups. The Commission is more involved in content. The discussion tonight is more of what the Commission and Council members should be involved in. Commissioner Todd Marx asked about the nursery schools definition on p.30. The state regulates these schools based on the conditions of the property. In the past, the licensing was regulated by the number of children. Tawnya will find the statute and bring these numbers and definitions into alignment with the nursery schools and daycare definitions. Commissioner Melanie Davenport suggested on p.80 blade signs 3.05.120. was an incomplete sentence. The sentence was amended to be complete. She suggested an illustration or visual definition for types of signs, their size and scale. The sign section, spatially is difficult to visualize and a picture would be more beneficial. Chairman Rory Kunz suggested reviewing the yellow highlighted areas. This included the duplex and twin home definition. Two lengths were given for manufactured homes: mobile homes 32’ and manufactured homes are 45’. This requirement was left as is. The parking spaces listed for call center 0.6 spaces per employee. The subjective requirement remained as an item to be removed. The awarding of density bonus points system should be clarified in the future to take out the subjectivity. Impact Area zoning of A-1, A-2, and RR zone requirements have been removed, because there was already a regulation that all of the current zones would apply to the Impact Area. MOTION: Motion to recommend the City Council approve the changes to the Development Code omnibus with tonight’s amendments., Action: Motion, Moved by Darrik Farmer, Seconded by Kristi Anderson. 5 Commission Discusses the Motion: None VOTE: Vote: Motion carried by unanimous roll call vote (summary: Yes = 10). Yes: Bruce Sutherland, Darrik Farmer, John Bowen, Keith Esplin, Kristi Anderson, Melanie Davenport, Rory Kunz, Steve Oakey, Todd Marx, Vince Haley. YouTube Article proposed by Steve Oakey, “Are We All New Urbanists Now? Examining the Movement in its 4th Decade,” presented by Zillow. Commissioner Keith Esplin inquired about how items would be included in the agenda. Items on the agenda can be acted upon. Those not formally placed on the agenda can be discussed. Building Permit Application Report: None Heads Up: February 7, 2019: Hearing: 1. (18-00712) 146 N 1st W – Rezone from HDR1 to HDR2 2. (18-00709) 150 E 2nd N – Rezone from CBC to MU 3. (18-00708) 150 E 2nd N – CUP for Dormitory Housing Presentation: 4. (18-00699) 7th & Stonebridge - Preliminary Plat