Loading...
HomeMy WebLinkAboutRFD - 20-00914 - Rezone parcels TAG1 & TAG2 to TAG - Citywide & Impact Area #20 00914 Rezone parcels TAG1 and TAG2 to TAG Citywide & Impact Area November 23, 2020, An application was received for a Rezone of all Transitional Agriculture 1 (TAG1) and Transitional Agriculture 2 (TAG2) to a single Transitional Agriculture (TAG) zone from the City of Rexburg. December 3, 2020, all Staff Reviews and the Staff Report were completed. December 8, 2020, Notice was sent to the newspaper to be published on December 22nd and December 29th. An interactive webmap was placed on the City’s website. December 10, 2020, An official notice of the hearing and public hearing instructions were mailed to all property owners of TAG1 and TAG2 properties. January 7, 2021, Alan Parkinson presented the application to the Planning & Zoning Commission. 6:40PM - (20-00914) – Citywide & Impact Area – Rezone from Transitional Agriculture 1 (TAG1) and Transitional Agriculture 2 (TAG2) to Transitional Agriculture (TAG). A Development Code Amendment was recently approved to consolidate the zones TAG1 and TAG2 to a single TAG zone. This request for rezone is to match the zoning with the current adopted code. (action) – Alan Parkinson, City of Rexburg (A map can be viewed at https://bit.ly/33R1dl9 .) Applicant Presentation – Alan Parkinson – This is a rezone following up an amendment to the Development Code consolidating TAG1 and TAG2 to TAG. City Council approved the Development Code amendment. Now the parcels zoned TAG1 and TAG2 need to be changed to the TAG designation to match the Development Code. Staff has reviewed the request and they support this request and recommend approval. Commissioner Questions: Chairman Rory Kunz disclosed people asked him questions like: Does this mean that the Area of Impact is being changed? Does this have an impact on the current uses for those who are in the TAG1 and TAG2 zones? Does this change have a negative impact in any way? Alan said the Impact Area boundary remains the same. This request only applies to the areas zoned, which currently exist. Anyone who is in TAG1 and TAG2 has grandfathered uses until there is a change of use. The changes within the code do not negatively affect the people. The minimum acreage required was reduced from two acres to one acre, allowing people to better manage their lots. We freed up the ability for people to do what they need to do. The change did not take away any permitted uses. The only use that was removed was a caretaker house, which is only applicable on a large farm, for someone to manage and live on the farm, who is not the owner of the farm. Rory asked do we have any of these types of farms in the city limits or the Impact Area? Alan answered, we do not. Alan said he has taken 20-30 calls, which are mainly clarifications. What is happening? How does it affect me? Is it going to cause any detriment to my business? At the end of the conversation, they were positive. He did not have any negative responses. John Bowen asked if this was county, city or both? Alan answered this affects both. This does not force anyone in the Impact Area to annex into the city. This is not an annexation driver. Our Development Code governs the Impact Area, but the County is the enforcing agent. John asked about the costs showing on the application. The fee shown was based on the acres of land covered in TAG1 and TAG2; the computer calculated so much per acre. The fee has been corrected. 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. Please be patient, especially those online. State your name and address for the record. Be as brief as possible. Favor: None Neutral: Janet and Marvin Goodliffe – 70 K Street, but own property 985 E 8th N and the adjoining property is their son’s - They have a question about the 180’ lot width. Please explain what this would entail on individual properties. On 985 E 8th N, there is a private lane and they have some property issues that have developed over time. They want to know how this will be handled with the one-acre minimum where the property lines are not as clear as they need to be. Alan said any existing lot would not change. Dividing existing lots or requesting a subdivision means the smallest width of the lot would be 180’. What is the context? Somewhere in the lot, the parcel should have a 180’ width. There can be a flag lot with a narrow driveway to access the lot, then the lot would have to open up to at least 180’ within that lot. Janet clarified some point on that lot has to be 180’ wide. Alan answered street frontage does have a requirement; it is believed this is 35’. The 35’ allows room for an adequate driveway from the road. Lots are all different shapes parallel to the street. Janet asked in the future, if the East Parkway Corridor goes in, what would be the ability of the landowner to come to the Commission or City Council to talk about the change in lot dimensions and the use of that land is no longer feasible? Is there an appeal process? Is there a variance? Alan answered in this kind of situation, when a non-conforming lot is caused by the government, the government cannot force you to meet the new standards. The lot would have a grandfathering status, and the only time it would affect you is if you came in and wanted to change the use of that property or subdivide. For example, if the government required 10’ off the side of your land, which would take you down to a lot width of 170’, you would be okay. The government cannot force you to the 180’ if we forced you into a non-conforming lot. Marvin asked if the area is large enough to make three lots, do we still fall under this requirement. The Goodliffes have a doublewide and a singlewide there; they have had problems with the property lines. If the road goes in, he will not want to build a nice home out there and make three lots out of the two lots. Alan said the standards for the three lots would have to meet those required by the zone at time of subdivision, including a minimum of one acre for each lot and the minimum 180’ width. Janet confirmed the sewer and water are dependent on the Health Department; they will have requirements for the one-acre minimum. Alan confirmed the Goodliffe’s lots could stay as they are. The Goodliffes thanked the City for the stoplight on 7th N and N 2nd E. Opposed: None Written Correspondence: None Rebuttal: None Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input portion of the hearing at 7:17p.m. Commissioners Discussion: Sally Smith thinks this is a good plan to put these two zones together. Many people were affected and where the people were mainly seeking clarifications, she believes people realize this gives them more options with their property. One-acre lots make sense close to town. She said this is a good change to the ordinance and a good zone change. Greg Blacker agrees with Sally, this change makes it simpler for the community’s benefit. MOTION: Motion to recommend City Council approve the rezone of the TAG1 and TAG2 properties to the single TAG designation, which brings these parcels into compliance with our current Development Code., Action: Approve, Moved by Kristi Anderson, Seconded by Todd Marx. Commission Discusses the Motion: None VOTE: Motion carried by unanimous roll call vote (summary: Yes = 11). Yes: Aaron Richards, Chairman Rory Kunz, David Pulsipher, Greg Blacker, Jim Lawrence, John Bowen, Kristi Anderson, Randall Kempton, Sally Smith, Todd Marx, Vince Haley. January 20, 2021, Alan Parkinson presented the application to City Council. Ordinance No 1252 Rezone All Parcels in City Boundaries Zoned Transitional Agriculture 1 (TAG1) and Transitional Agriculture 2 (TAG2) to Transitional Agriculture (TAG) Zone #20-00914 – Alan Parkinson Mayor Merrill explained there was a slight oversight, when the amendments to the Development Code were proposed regarding Transitional Agriculture 1 (TAG1) and Transitional Agriculture 2 (TAG2) to Transitional Agriculture (TAG) Zone. The rezone request should have been part of that process. ORDINANCE NO 1252 Rezone Certain Parcels within City of Rexburg Boundaries Zoned Transitional Agriculture 1 (TAG1) and Transitional Agriculture 2 (TAG2) to Transitional Agriculture (TAG) AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.  Council Member Johnson moved to approve Ordinance No 1252 Rezone All Parcels in City Boundaries Zoned Transitional Agriculture 1 (TAG1) and Transitional Agriculture 2 (TAG2) to Transitional Agriculture (TAG) Zone and consider first read; Council Member Wolfe seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried February 3, 2021, the application was 2nd Read before City Council. Ordinance No 1252 Rezone All Parcels in City Boundaries Zoned Transitional Agriculture 1 (TAG1) and Transitional Agriculture 2 (TAG2) to Transitional Agriculture (TAG) Zone #20-00914 – Alan Parkinson ORDINANCE NO 1252 Rezone Certain Parcels within City of Rexburg Boundaries Zoned Transitional Agriculture 1 (TAG1) and Transitional Agriculture 2 (TAG2) to Transitional Agriculture (TAG) AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.  Council President Busby moved to approve Ordinance No 1252 Rezone All Parcels in City Boundaries Zoned Transitional Agriculture 1 (TAG1) and Transitional Agriculture 2 (TAG2) to Transitional Agriculture (TAG) Zone and consider second read; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried February 17, 2021, the application was 3rd Read before City Council. Ordinance No 1252 Rezone All Parcels in City Boundaries Zoned Transitional Agriculture 1 (TAG1) and Transitional Agriculture 2 (TAG2) to Transitional Agriculture (TAG) Zone #20-00914 – Alan Parkinson ORDINANCE NO 1252 Rezone Certain Parcels within City of Rexburg Boundaries Zoned Transitional Agriculture 1 (TAG1) and Transitional Agriculture 2 (TAG2) to Transitional Agriculture (TAG) AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.  Council Member Johnson moved to approve Ordinance No 1252 Rezone All Parcels in City Boundaries Zoned Transitional Agriculture 1 (TAG1) and Transitional Agriculture 2 (TAG2) to Transitional Agriculture (TAG) Zone and consider third read; Council Member Walker seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried March 8, 2021, the County Commissioners approved the Rezone of the Impact Area parcels. Alan was present from the City of Rexburg P&Z office. After review and discussion, Commissioner Todd Smith made a motion to approve the Ordinance #439-Zone Change within the Rexburg City Impact zone from Trans Ag 1 and Trans Ag 2 to TAG. This was heard previously by the City of Rexburg. Commissioner Doug Smith seconded and voting was unanimous. The motion passed.