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HomeMy WebLinkAbout7.02.2020 P&Z Minutes_exppdf 1 City Staff and Others: Alan Parkinson – Planning & Zoning Administrator Scott Johnson – Economic Development Stephen Zollinger – City Attorney Natalie Powell – Compliance Officer Tawnya Grover – P&Z Administrative Assistant Chairman Rory Kunz opened the meeting at 6:30 p.m. He turned the time over to Mayor Jerry Merrill to conduct some business. Commissioner Recognition: Bruce Sutherland – completion of 2nd term - served since April 17, 2014. Bruce has served the city for 30 years in various capacities, including six years as Mayor, from 1998 to 2004. He has just finished six years of service as a Planning & Zoning Commissioner. Commissioner Introduction: Aaron Richards attended last week’s meeting and introduced himself. He moved from Dallas, Texas, to Rexburg. He has lived here for one year. His career is in residential land development. In the three major Texas markets, he had the opportunity to master plan, build and infill residential communities. Aaron has a passion for the entitlement process for the growth of cities. He is excited about this opportunity to give back and be a part of the Planning & Zoning Commission. The Mayor invited Aaron Richards to the dais. The Mayor is grateful for the variety of people on the Planning & Zoning Commission. There is a good mix of Commissioners, some who have lived here all their lives and some are transplants. There is a variety of occupations that are also represented. Roll Call of Planning and Zoning Commissioners: Present: Chairman Rory Kunz, John Bowen, Steve Oakey, Vince Haley, David Pulsipher, Todd Marx, Randall Kempton, Sally Smith and Aaron Richards. Absent: Bruce Sutherland, Greg Blacker, Kristi Anderson. Minutes: Planning & Zoning Meeting June 4, 2020 (action) Work Meeting June 18, 2020 (action) MOTION: Motion to approve the minutes for the June 4th and June 18th meetings as recorded., Action: Approve, Moved by Steve Oakey, Seconded by Todd Marx. Vote: Motion passed (summary: Yes = 6, No = 0, Abstain = 2). Yes: Chairman Rory Kunz, John Bowen, Sally Smith, Steve Oakey, Todd Marx, Vince Haley. Abstain: David Pulsipher, Randall Kempton, Aaron Richards. Public Hearings: 1. 6:35 p.m. – (20-00338) – 2003 S Yellowstone – Change in the Comprehensive Plan Map from Commercial to Industrial. (action) – For Valley Agronomics Fertilizer Plant - Cortney Beck (Local Manager) & Dean Weldert (Regional Manager) 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Planning & Zoning Minutes July 2, 2020 2 Business seeks to increase the Fertilizer Plant. This property is in the City’s Impact Area. Applicant Presentation – Cortney Beck & Dean Weldert – address – Cortney Beck – 3979 E 170 N, Rigby, ID – Cortney is presenting a change in the Comprehensive Plan from Commercial to Industrial. They have two fertilizer plants in Rexburg, one on both ends of town. They are both old and expensive to repair, they want to consolidate the two into one at 2003 S Yellowstone Hwy. Commissioner Questions: John Bowen asked about the location of the property. Cortney explained the plant sits at the west end of Pole Line Rd. next to Thompson’s Paving. They want to extend the building to the south. Chairman Rory Kunz added the business sits along Hwy. 20. Sally Smith asked if the plant at the north end of town would be abandoned. Cortney confirmed. Chairman Rory Kunz asked, “Will the amount of fertilizer produced increase?” The amount of production will not be increased; the plant will produce the same amount of tons out of one location. At this site, the amount produced will double. Steve Oakey does not see any recommendations by Staff per this request. Staff Report: Planning & Zoning – Will Klaver – The property is partially designated in the Comprehensive Plan as Industrial. This proposed change will clean up the designation on the parcel, so the entire parcel is designated as Industrial. Staff recommends approval of this request. Staff is making sure the applicant will not have zoning problems in the future. Commissioner Questions for Staff: David Pulsipher asked if the current Industrial designation covers the current building. The building sits right on the divide. He asked if the zoning does not comply. Will answered, the use is grandfathered currently, but the ability to add on to the building will depend on the approval of the zoning in the following hearing. Tawnya Grover explained this change has a similar situation to Thomson Farms. The Comprehensive Plan Map layer is similar to the change for Thomson Farms, the Commission recently deliberated on. With Thomson farms, the correct designations were present on the parcel initially, which allowed them to move forward without a Comprehensive Plan Map change. However, when the parcel was split into phases and rezoned, this brought the two maps out of compliance. Vince Haley asked, is the property currently in city limits. The parcel is not in city limits and the city is not looking at annexing the parcel. Sally Smith asked which direction the building will be expanded. The building will expand to the South. Conflict of Interest? - Chairman Rory Kunz asked the Commissioners if they have a conflict of interest or if they have been approached by any parties relative to this particular subject. If you believe your prior contact with respect to this subject has created a bias, you should recuse yourself, otherwise at this time please indicate the nature of your conversation or contact. Chairman Rory Kunz lives within ¼ mile of this location. He will not be voting tonight. Chairman Rory Kunz reviewed the public hearing procedures. Written Correspondence: None Favor: None Neutral: None 3 Opposed: None Rebuttal: Cortney Beck - Eagle Rock Engineering found the legal description boundaries were not correct. The boundaries were amended. The County cleaned up the zoning in this area at that time. Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input portion of the hearing at 6:45p.m. Commissioners Discussion: Steve Oakey pointed out the cost $912 for the Comprehensive Plan and $1530 for the rezone. Valley Ag is spending $2400 to do what they want with their own property. He said this request is a simple action and he would support a motion to approve the applicant’s request. MOTION: Recommend approval of the Comprehensive Plan Map change from Commercial to Industrial for the entire property at 2003 S Yellowstone on the grounds that the Comprehensive Plan designation is already partially located on the property and the change makes sense. The Commission also recommends the City Council consider the application third read to ease the burden of time on the land owner, Action: Approve, Moved by Vince Haley, Seconded by John Bowen. Commission Discusses the Motion: Sally Smith said with the completion of the Thornton exit, Yellowstone Hwy. is somewhat a corridor into Madison County. She encouraged the Applicant to put in some landscaping and improve the look of the business with this expansion. VOTE: Motion passed (summary: Yes = 8, No = 0, Abstain = 1). Yes: David Pulsipher, John Bowen, Randall Kempton, Sally Smith, Steve Oakey, Todd Marx, Vince Haley, Aaron Richards. Abstain: Chairman Rory Kunz. 2. 6:40 p.m. – (20-00340) – 2003 S Yellowstone – Rezone from Community Business Center (CBC) to Light Industrial (LI). (action) – For Valley Agronomics Fertilizer Plant - Cortney Beck (Local Manager) & Dean Wildert (Regional Manager) Business seeks to increase the Fertilizer Plant. This property is in the City’s Impact Area. The proposal is a recommendation to the Madison County Commissioners. Applicant Presentation – Cortney Beck & Dean Weldert – address – Cortney Beck - 3979 E 170 N, Rigby – Proposing rezone from Community Business Center to Light Industrial for the Valley Agronomics Fertilizer Facility. Commissioner Questions: None Staff Report: Planning & Zoning – Will Klaver – The entire parcel is zoned Community Business Center (CBC). In order to make the parcel better suited for the proposed use, Staff is seeking a recommendation to the County Commissioners to change the zoning designation from Community Business Center (CBC) to Light Industrial (LI). 4 Commissioner Questions for Staff: Randall Kempton asked if this property is part of the Highway 20 Corridor. The property is in the Highway 20 Corridor. He is asking if there is a formal need for landscaping. Will said when the Applicant submits for a Building Permit, Staff will review the plans for compliance with the Highway 20 Corridor requirements. There are some screening requirements that will be required in 3.02.100.e. Conflict of Interest? - Chairman Rory Kunz asked the Commissioners if they have a conflict of interest or if they have been approached by any parties relative to this particular subject. If you believe your prior contact with respect to this subject has created a bias, you should recuse yourself, otherwise at this time please indicate the nature of your conversation or contact. None. Chairman Rory Kunz lives within ¼ mile of this location. He will not be voting tonight. Chairman Rory Kunz reviewed the public hearing procedures. Written Correspondence: None Favor: None Neutral: None Opposed: None Rebuttal: None Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input portion of the hearing at 6:54p.m. Commissioners Discussion: Vince Haley’s concern is a zoning island will be created with approval of this request. At the potato plant to the north there is some Light Industrial zoning. He does not believe this will change the landscape of the area. He supports moving forward. MOTION: Recommend the County Commissioners approve the rezone for 2003 S Yellowstone from Community Business Center (CBC) to Light Industrial (LI), because the change makes sense for the area and the growth will bring in some good tax dollars for the south side of town. Recommend the County Commissioners consider the application third read if this is their process., Action: Approve, Moved by Vince Haley, Seconded by Steve Oakey. Commission Discusses the Motion: Sally Smith confirmed this recommendation is to the County Commissioners. Is it known if the County Commissioners have the same procedure to read an application three times? No one present knows their procedure. Randall Kempton asked to see the Comprehensive Plan Map for the area surrounding this property. The area is represented by Commercial and Light Industrial. Chairman Rory Kunz requested the zoning also be shown. The zoning is mostly commercial. VOTE: Motion passed (summary: Yes = 8, No = 0, Abstain = 1). Yes: David Pulsipher, John Bowen, Randall Kempton, Sally Smith, Steve Oakey, Todd Marx, Vince Haley, Aaron Richards. Abstain: Chairman Rory Kunz. 5 The Comprehensive Plan change will go before the City Council at their next meeting and the Rezone will go before the County Commissioners at their next meeting. 3. 6:45 p.m. – (20-00365) – 111 N Center – Conditional Use Permit (C.U.P.) for Dormitory in a Mixed Use zone. (action) – Jerry Virgin Applicant Presentation – Jerry Virgin – 111 N Center – Jerry wants to build an apartment 4-plex back behind his house for a dormitory, college, single-student rental. Right now, to the north there is a 50 unit apartment complex. Across the street is a 8-unit building. To the south, a home has been converted into a dog grooming business. Next to them, is a safe house owned by Madison County. Directly behind Jerry’s house, the house is being converted into a duplex. Commissioner Questions: Todd Marx asked about the Staff’s concerns with parking. He asked if a parking plan is in effect. Jerry says if approval is given, the Architect will design the parking. His neighbor to the West is interested in selling some of his property to Jerry for parking. This neighbor initially wanted to put in apartments, but did not have the required access. Jerry needs three parking spaces. Randall Kempton talked about the possibility of 19 residents. The basement of the current house used to be an apartment; the basement will be changed back into an apartment for the managers. Jerry and his wife will live upstairs in the summer and will go south for the winter. 14 parking spots are needed. If negotiations with the neighbor to the west cannot be reached, the number of residents will have to be reduced. Chairman Rory Kunz reminded the Commissioners, the decision is based on the use of the property, not on the project at this point. Sally Smith asked about the size of the property. The property is 0.25 acres. Staff Report: Planning & Zoning – Will Klaver – The Applicant is requesting a Conditional Use Permit for dormitory housing. Staff recommends approval with the following conditions: 1. All storm drainage to be handled on site. 2. Access and parking areas need to be resolved. 3. Applicant will need to submit an approved Parking Management Plan. Commissioner Questions for Staff: Chairman Rory Kunz asked to see the Zoning Map and the Comprehensive Plan Map. Will said the parcel is completely in a Mixed Use zone. The Comprehensive Plan Map shows Neighborhood Commercial/Mixed Use for the applicant’s property. Chairman Rory Kunz asked about the zoning of the north lot and why it is partially split into two zones. Will said when this area was changed to Mixed Use, the line was drawn at a certain amount of feet for both maps. Aaron Richards asked if a single point of ingress/egress is needed. Will answered, this question will be answered by the Fire Department and Public Works. Aaron says it appears from the aerial two points of access would not be possible the way the home is built. Vince Haley believes this has been a discussion in the past; he recalled Cy Hepworth’s project. Vince asked if this item has been a discussion with Jerry. Jerry Virgin understood 24’ is needed for 2-way access. Jerry’s access will allow for traffic if one of the lanes is blocked. David Pulsipher noticed the entire side yard would be paved. He asked if enough land in the front yard would meet the required landscaping. Will recalled the Mixed Use zone allows 90% lot coverage. He encouraged the Commissioners to look at the proposed use, rather than the specificities of the request; Staff will take care of those with Mr. Virgin. Sally Smith asked if the units in the existing home are included in the count for the 14 parking spaces; they are included. Without the dormitory request, only eight stalls would be needed. John Bowen asked about the number of remaining stalls needed. Three stalls are still needed. 6 Conflict of Interest? - Chairman Rory Kunz asked the Commissioners if they have a conflict of interest or if they have been approached by any parties relative to this particular subject. If you believe your prior contact with respect to this subject has created a bias, you should recuse yourself, otherwise at this time please indicate the nature of your conversation or contact. None. Chairman Rory Kunz opened the meeting up for public input. Written Correspondence: None Favor: None Neutral: None Opposed: None Rebuttal: None Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input portion of the hearing at 7:10p.m. Commissioners Discussion: Steve Oakey pointed out the request is costing him $635 dollars to use his property as he sees fit. He would vote to allow him to do so. He appreciates the Applicant answering questions by Staff. Chairman Rory Kunz’s concern is if for some reason design cannot be accomplished, he will have wasted his time and money. He feels the Applicant should not lose all his money for those items that have not been brought up in advance. Tawnya Grover stated the fees are based on the cost to publish the applicant’s request. John Bowen agrees with Mr. Oakey. He feels the Applicant’s request matches the uses of the area. Chairman Rory Kunz clarified that multi-family occupancy is different from dormitory housing; multi-family uses are located in this neighborhood, not necessarily dormitory. Dormitory housing is usually unrelated individuals living together in the same unit. Sally Smith spoke to the refund of fees. She explained she thinks the people understand the risk they are taking when they apply. If dormitory housing is not approved, an option for multi-family housing is still allowed. She would not be in favor of returning fees. Chairman Rory Kunz said, usually the Applicant is told what he can and cannot do ahead of time. Aaron Richards is hearing the Applicant say he is seeking the Conditional Use Permit before he moves forward with any site planning or Engineering, layout and design. His concern is the parcel is 1/8 of an acre for the proposed uses. He suggests the Applicant meet with the Fire Marshall and Public Works; he does not want the Applicant to get too far down the road and be unable to complete the project based on a technicality. He stated the Applicant needs to make sure all of the infrastructure can be tucked into that small of a parcel. Randall Kempton asked if the Conditional Use Permit would be attached to a new piece of land. Will a Conditional Use Permit need to be sought for the property acquired from his neighbor? Chairman Rory Kunz stated if the Applicant is not changing the use on the newly acquired piece of land, a Conditional Use Permit would not be needed for that parcel. The Conditional Use Permit does not automatically transfer to the new property acquired from the neighbor. Randall Kempton said if the building was pushed back further into the new property, then a Conditional Use Permit would be needed for the new piece. Will Klaver said if the lots are combined, the two lots would be made into one lot and the Conditional Use Permit would apply to the entire piece. Jerry Virgin clarified the combination would need to be recorded with the County. Steve Oakey asked if a condition could include the Conditional Use Permit applying to travel with the potential acquired land of the neighbor’s subject to Staff’s approval of the landscaping and parking requirements. Attorney Spencer Rammell said the Commission cannot make a determination on land not currently owned by the Applicant. 7 There are issues with transferring a Conditional Use Permit to another piece of property. If the acquired land remains separate from Jerry’s parcel, a hearing process would be needed to acquire a Conditional Use Permit for the land. Turning the land, through a lot combination, into one lot is less expensive compared to coming back to the Commission for a second Conditional Use Permit. Steve Oakey confirmed the Commission cannot simplify the process, because the project details are undetermined. A meeting about the Engineering should probably have come before the current Conditional Use Permit application. David Pulsipher asked if a 4-plex is a permitted use in Mixed Use. The Commission is only determining the Conditional Use Permit for dormitory. A 4-plex could be built without any Conditional Use Permit for family occupancy. Steve Oakey knows it is a discussion for another place and time, but Chairman Rory Kunz brought it up. Steve agrees with the cost of asking permission and it is a demonstration of a moving target, that zoning represents to the average property owner, who is simply trying to maximize the value of their property. Because Chairman Rory Kunz opened the door with his comment, Steve stepped in, even though it has nothing to do with Jerry’s proposal. Vince Haley agrees it is frustrating; the Commission has to go through this discussion, because Staff has not taken this discussion up. The same issue came up with the Lofgran property; they had a Conditional Use Permit and were told if they combined lots, the Conditional Use Permit would cover the entire area. Now, you are saying that is not the case? Attorney Spencer Rammell said a Conditional Use Permit in its own nature, represents a greater risk. The Land Use Planning Act requires uses to be identified. Once the parameters are set, you can’t go back and change it. People can request a Conditional Use Permit on their own, because the use they are asking for is not represented in the zone they want to put it in. Going back to the fees, the fees are required by law to notice the public. The City incurs costs that are a requirement by the law. Vince Haley is ultimately in favor of the dormitory being built here; he believes it fits in his neighborhood. He would love to see a sunset clause, that if the lots were combined, the Conditional Use Permit is canceled. Could a condition be placed on combining the lots? Chairman Rory Kunz said, not necessarily, the Applicant could build less units. Attorney Spencer Rammell said, City Staff, when they review the application, put certain requirements on the proposal. When the project was under consideration, they would not have reviewed the proposal for the acquired land. It has not been part of this application. Chairman Rory Kunz stated, the question is, does this application make sense for dormitory in this zone in this neighborhood. Randall Kempton asked if dormitory use fit with an apartment neighborhood. Is this a relevant question? Jerry could have family- style apartments by right, right now. Aaron Richards said he could also raze his entire residence and use the entire ¼ acre for dormitory if the application is approved. MOTION: Move forward to recommend to City Council this application for a Conditional Use Permit for Dormitory-style housing at 111 N Center with a sunset clause, that the Conditional Use Permit be removed if any lots beyond the back portion of his neighbor required for the four parking stalls are combined., Action: Approve, Moved by Vince Haley, None seconded. Commission Discusses the Motion: Chairman Rory Kunz asked if Vince wants to remove the Conditional Use Permit if he does acquire the property from his neighbor. Vince Haley said his discussion item is he would love to see a Conditional Use Permit if he combines lots. Jerry would have to combine lots to accomplish the 4-plex he is proposing for parking. Vince does not want a Conditional Use Permit on the land. Someone comes in and buys the property, as well as that entire block, and uses that CUP from that little piece of property for that entire area, combines lots and then the CUP applies to that entire property. He would like to see a sunset clause of this kind. This is an interesting situation, due to the fact that the applicant has to combine lots to achieve his desired 8 objectives. We can put in the motion that if the required land is obtained just for the parking, Vince is o.k. with that, but not if he acquires the entire parcel of his neighbor’s. He knows this is complicating and may be frustrating to some of the Commissioners. Vince is trying to put an end to something he sees as a future problem. Chairman Rory Kunz, says essentially what Vince is saying is, he can buy the piece required for parking, but no more. Vince agreed. Aaron Richards asked if a motion could be made to limit the number of units, based on today’s reality. Chairman Rory Kunz said, in this situation “no” because today we are just talking about the use. The number of units is limited by parking, setbacks, acreage, etc. Steve Oakey says, what is going to limit the project is Jerry is going to go in and talk to City Staff and they are going to say, you do not have the parking. Steve feels like this is a discussion between Jerry and City Staff. The Commission is simply voting on land use. The Commission is not involved in the details. City Staff will decide on water, sewer, parking, landscaping, etc. Vince Haley clarified, he is asking duplex, dormitory, meaning single? Chairman Rory Kunz answered, the Applicant is asking for a Conditional Use Permit for dormitory-style housing; nothing else is before the Commission. Jerry was asking a question for the audience regarding Vince’s motion. Jerry asked “as is” right now, if he and his neighbor cannot get together on a price, and he can’t come up with the other three parking spaces, I then can build a dormitory tri-plex, if the motion is approved. Chairman Rory Kunz said, yes you could, if the motion is seconded. Spencer Rammell talked about a legal issue; he talked about a redundancy in the motion. If the Conditional Use Permit is approved, the Applicant will have to meet the Staff conditions. The Applicant will need to meet staff requirements, regardless of this being in the motion. Vince Haley asked to remove the line, “as long as the conditions of Staff are met.” Tawnya clarified the conditions do not need to be listed in the motion. Sally Smith asked, “What kind of sunset clause are we placing on the motion?” Chairman Rory Kunz said if the applicant requires more property than just the backyard of his neighbor. Attorney Spencer Rammell said the most the Commission could do is to place a general condition to reopen the requirements of the Conditional Use Permit. Chairman Rory Kunz thinks what Mr. Haley is trying to do is to prevent this parcel from becoming part of a larger development, in order to get dormitory housing. Mr. Haley is trying to prevent future development from taking advantage of a loophole. Vince Haley said the voting for Lofgrans was for the lot coverage, not dormitory, because a Conditional Use Permit was already in place on one lot. Chairman Rory Kunz said this is a misunderstanding, the vote was for a Conditional Use Permit for dormitory. The vote was not for the construction of a building. Will Klaver said the application was for both, dormitory-style housing on the parcels involved and for the lot coverage. Then, Vince Haley said, Staff did a terrible job of communicating. It was reiterated that night that the only thing we were voting on was the lot coverage. Steve Oakey, said if you insist on the sunset clause, in order to get past the problem we have, he suggested a time limit; make it far enough out with a limit of 5-10 years. He bets Jerry will have his project done in five years. This should also alleviate your concerns about a potential developer coming in and using this action. Put a time limit on the sunset clause. Chairman Rory Kunz reminded Commissioners there is still no second on this motion. Attorney Spencer Rammell said, even with a sunset clause, it is not going to happen. You can do it and you can make that part of the motion, but that is not going to be a hindrance to anybody; it is not going to hold up in court. Steve Oakey asked if another motion could be made. Chairman Rory Kunz said, “Yes”. Motion: Recommend City Council approve the application for a Conditional Use Permit for dormitory-style housing at 111 N Center as requested based on Staff recommendations in order to maximize his property value., Action: Amend, Moved by Steve Oakey, Seconded by John Bowen. 9 Commission Discusses the Motion: David Pulsipher generally supports the motion, but he would like to see the Staff recommendations included in the motion officially. Vince Haley confirmed the Staff recommendation wording is redundant. Steve Oakey includes the Staff recommendation in order to appease all concerns. VOTE: Motion carried by unanimous roll call vote (summary: Yes = 7. No=2). Yes: Chairman Rory Kunz, David Pulsipher, John Bowen, Aaron Richards, Sally Smith, Steve Oakey, Todd Marx. Opposed: Vince Haley and Randall Kempton. Chairman Rory Kunz asked Tawnya to bring up the minutes from the Lofgran Conditional Use Permit to be addressed at the end of the meeting. 4. 6:50 p.m. – (20-00347) – 790 & 796 Barney Dairy Rd – Rezone from Rural Residential 1 to Low-Density Residential 2. (action) – Kevin Kimball Applicant is seeking rezone to acquire property from his neighbor to comply with zoning regulation setbacks for a side yard. This area was annexed into the City in 2019. Applicant Presentation – Kevin Kimball – 796 Barney Dairy Rd – He bought the property and realized his offsets did not comply with the 10’ setback, like his neighbor. Then, he purchased some property from an adjacent neighbor to get the proper offsets for his shop. He had been working at getting the other piece from the Parkers. However, to buy land from 790 Barney Diary, the parcel would be out of compliance and become less than an acre. The reality is the parcel is already less than an acre due to the land required for the road, the city exempted themselves from. Kevin is trying to get his lots to comply by zoning to get the proper lot size for the lot split. Commissioner Questions: None Staff Report: Planning & Zoning – Will Klaver – The questions before the Commission is to determine if these three parcels are suitable to become Low-Density Residential 2. The parcels are surrounded by Rural Residential 1. The change will bring the lots into compliance and will match the Comprehensive Plan Map designations for the area. Staff is seeking a recommendation to rezone the three lots from Rural Residential 1 to Low-Density Residential 2. Commissioner Questions for Staff: Steve Oakey said in order to help us understand the evolution of this property, the Barney property across the street to the north is a development, which will be regular city blocks. This should give us some perspective on the applicant’s property. Chairman Rory Kunz asked how the small piece came to be Rural Residential. Kevin Kimball bought the property without the proper offsets. Kevin purchased the piece from his neighbor for his shop, leaving the neighbor with a lot that complies with the required lot size for the zone. When he approached the Parkers to extend the line to match, he was told by the city, the lot was a grandfathered size. The City acquired part of the Parker’s property for the road. In order to make the lot split possible, City Staff told Kevin he would have to rezone the property. Chairman Rory Kunz asked who the Parkers are. The Parkers property was located. The map did not show a building, but a home is on the parcel right now. Kevin’s parcel was located on the map. Neither of Kevin’s buildings had the 10’ setback from the lot line as required 10 on the northern side of his lot. Kevin needs the rezone on the Parkers’ property to reduce the lot size. The City already reduced the lot size on their own, but now since Kevin is asking, he has to rezone the property. Randall Kempton recalled the neighborhood was recently annexed and some of the neighbors wanted to keep animals allowed in Rural Residential 1. This is why the neighborhood was zoned accordingly, even though everything around it is Low-Density Residential. Kevin confirmed several of his neighbors who have animals. The annexation was for the whole neighborhood on North Hill Rd. John Bowen asked for the location of Barney Dairy Road and the location of the homes. Steve Oakey identified Doyle Barney’s home. The property around Doyle Barney’s home is for sale. The land to be sold is zoned residential and will be developed into low and medium-density housing. Sally Smith asked why the request is not for LDR1. Why is the Applicant requesting LDR2? The lowest Comprehensive Plan designation for Low to Moderate is Low-Density Residential 2 (LDR2). Will answered, to save the applicant some money and time, the request is for Low-Density Residential 2. She asked about the property to the East, what is its Comprehensive Plan designation? It is Low to Moderate, but they are zoned LDR1. A change to LDR1 would require a change in the Comprehensive Plan Map also. Chairman Rory Kunz asked, how was this area zoned LDR1? The rezone and annexation were completed in 2019 for the N. Hill Rd. neighborhood. Land to the East and South has the same Comprehensive Plan Map designation, but a LDR1 zone. Kevin says the Commission should just let him buy the property and make the exception just as the city did. Vince Haley said the reason why the Rural Residential 1 zone was kept is because there were residents in the neighborhood that had livestock and animals and the residents wanted to maintain those rights. Sally Smith said her concern is not with Kevin’s house, but this zoning allows these parcels to be a possible duplex density and the zoning of Low-Density Residential 1, this does not make sense to her. Is there a possibility a Conditional Use Permit could be considered and leave the zoning as it is? Vince Haley asked if the reason Kevin is at the meeting is due to Staff’s recommendation. If it allows Kevin to buy the property he wants, he will do the Conditional Use Permit. Vince Haley said, he feels like the City is pushing you into a position where you are between a rock and a hard place. Chairman Rory Kunz said he does not feel like there is a need to research the Low-Density Residential 1 in a Low to Moderate Comprehensive Plan Map designation. Rory feels there will be a decision made tonight. Vince Haley asked if a recommendation could be made to leave the zoning the way it is and transfer the request to a Conditional Use Permit? A Conditional Use Permit process would need to be followed. Chairman Rory Kunz asked Attorney Spencer Rammell if the Commission could deny the request for a rezone but allow a Conditional Use Permit instead. A Conditional Use Permit has not been noticed for. Steve Oakey confirmed the request tonight, is the quickest, easiest way to fulfill the applicant’s request. Conflict of Interest? - Chairman Rory Kunz asked the Commissioners if they have a conflict of interest or if they have been approached by any parties relative to this particular subject. If you believe your prior contact with respect to this subject has created a bias, you should recuse yourself, otherwise at this time please indicate the nature of your conversation or contact. None. Chairman Rory Kunz reviewed the public hearing procedures. Written Correspondence: None Favor: None Neutral: None Opposed: None Rebuttal: None 11 Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input portion of the hearing at 7:54p.m. Commissioners Discussion: Steve Oakey said $985 has been spent for the request tonight. MOTION: Recommend the request to rezone the property at 790 & 796 Barney Dairy Rd. from Rural Residential 1 to Low-Density Residential 2, to allow Kevin Kimball to obtain land from the Parkers’ to meet the 10’ setback for his side yard and maintain the required lot size for the Parker’s parcel, Action: Approve, Moved by Steve Oakey, Todd Marx seconded. Commission Discusses the Motion: Sally Smith asked if the Rural Residential 1 could be used for duplex-style housing. The highest density in Rural Residential 1 is a single-family home per lot. Vince Haley suggested the Commission deny Kevin’s request, refund the money and allow Kevin to apply for a Conditional Use Permit to keep the zone and allow a CUP to adjust the setbacks. Steve Oakey said the City has annexed this property. The area is already in a growth mode for residential. The same low density will be allowed on the Barney property to the north. The rural designation will disappear on this property before too long, 3-5 years. He does not feel like the issue needs to be complicated by dragging the Applicant through another process any more than we already have. He has already asked if this is the quickest, most painless option to complete the process without returning money or coming before the Board and City Council again to achieve the same outcome, knowing all the while the same density is going in to the North within 3-5 years and people will be back in before the Board to get the Rural Residential zoning changed. David Pulsipher agrees, given the parcel is located where development is happening. Low-Density Residential 3 to the north of this parcel is an even more permissive zone then the requested LDR2. The request fits the patterns of the neighborhood and where it is headed. Rural Residential is going to transition to Low-Density Residential in one form or another. LDR2 makes perfect sense to him. Spencer Rammell, said there is no legal backing for the Commission to waive fees. The Applicant takes a risk taking their application before the Commission. John Bowen asked Will to locate items on the map. He agrees with Steve; he feels LDR2 is a perfect fit for this area. Vince Haley asked if the Applicant understands the differences from Rural Residential 1 to Low-Density Residential 2. Would the Applicant prefer to be zoned to stay Rural Residential 1 instead of rezoning to Low-Density Residential 2? The Applicant would prefer Rural Residential 1. He has no reason to zone to LDR2, except to obtain the permissible lot size for the Parkers. Vince Haley suggested the Applicant is at the meeting tonight because the City told him you have to do this. Kevin said he just wants to buy property from his neighbors. Aaron Richards says this topic is sensitive to him. He bought his home a year ago and Idaho does not require boundary surveys at the time of conveyance of property. He believes if this were in place, this issue would have been the sellers’ problem, not yours. You did not know at the time you purchased your property, the offsets were not in place. The proposed zoning meets the Comprehensive Plan and allows the property to meet the setbacks. He is in favor of this motion. Vince Haley says Steve’s motion is for LDR2, however in every other statement that comes out of your mouth; you want the property owner to do what they want with their property. Because of that, he is not going to support the motion. Kevin clarified if the choice was between getting the LDR2 zoning or having to come through the process again, he will take the LDR2. Todd Marx asked if the Commission could recommend the zoning stay in Low-Density Residential 1. Chairman Rory Kunz said, no, because Kevin is currently in the Rural Residential 1 zoning. Tawnya said Attorney Stephen Zollinger has allowed the 12 Commission to downzone. The lowest designation the Comprehensive Plan Map chart is LDR2. The reason the request was for Low-Density Residential 1 is due to the Comprehensive Plan Map chart that identified what zonings can occur per Comprehensive Plan Map designation. Low- Density Residential 1 is not available for the Low to Moderate zoning. Spencer Rammell talked about Vince Haley referring to Steve Oakey’s comments, based on previous comments on other proposals. There is possibly a problem. Vince Haley restated his comments, “Steve usually votes for the landowner or property owner to do what they will. Vince Haley’s comments were not directed at what Steve said, but rather the desire of the landowner in this case.” VOTE: Motion passed (summary: Yes = 7, No = 2, Abstain = 0). Yes: Chairman Rory Kunz, David Pulsipher, John Bowen, Randall Kempton, Steve Oakey, Todd Marx, Aaron Richards. No: Sally Smith, Vince Haley. Minutes for May 14, 2020, Conditional Use Permit for the Lofgrans were reviewed, beginning with the Staff Report on page 6. “Staff recognizes there are some challenges in the zoning code that need to be addressed. The request is a Conditional Use Permit for dormitory use.” (This is what Spencer has suggested.) “The plan has moved along well. A footing and foundation permit has been issued for Building 1 only. A Building Permit for Building 2 is contingent on meeting the requirements that are in line with the Code. This includes the 89% lot coverage; the Code says 80% lot coverage.” Vince Haley said from his understanding, the first building was allowed because of the Conditional Use Permit in place for the one lot for dormitory-style housing. Lofgrans were coming before the Commission for the Conditional Use Permit for the lot coverage, which included the second building. Will said the Applicant could move forward to build apartments, but not necessarily for the dormitory use. In reviewing the notes, Vince Haley stands corrected. It is clear in the notes that the Lofgrans were coming before the Commission for the Conditional Use Permit for dormitory housing and lot coverage for the second building. The first building was allowed on the lot with the current Conditional use Permit. The two were both right, not necessarily that we are proving right. The three lots were identified on the map. The Applicant understood that they could build, but with the risk, dormitory housing would not be allowed on the second building. Without 89% lot coverage, the building would not meet the requirements for the zoning. Chairman Rory Kunz clarified the zoning allowed the building to move forward. Will said apartments could be built, no matter what, with or without a CUP. Vince Haley confirmed the building could be built and not used for dormitory. The Applicant could not start building on the second building, because the Applicant needed the 89% lot coverage approved by the CUP process. The lots for the Lofgran property were combined. Spencer Rammell said the Applicant wanted exceptions. He will get a clear answer for Vince Haley to determine if a Conditional Use Permit is transferrable via a lot combination. Spencer will research this situation. Vince grew up in town on 3rd E and 1st S and there is a 4-story building next to his house. The zoning was in place. Someone bought that lot and built something that was not initially communicated to the neighborhood in a completely low-residential area. Chairman Rory Kunz said that is the reason the Commission has to decide if the use makes sense, not the project. Vince Haley appreciates Chairman Rory Kunz’s efforts to focus on the land use. Heads Up: July 16th – 5p.m. Work meeting. 13 Adjournment: Commissioner Rory Kunz adjourned the meeting at 8:16PM.