HomeMy WebLinkAboutP&Z Minutes 9.15.221
City Staff and Others:
Alan Parkinson – P&Z Administrator
Tawnya Grover – P&Z Administrative Assistant
Kyle Baldwin – Planner 1
Natalie Powell – Compliance Officer
Spencer Rammell – Commissioner Attorney
5:00 Work Meeting: Development Code Amendments to Ordinance 1200 – Alan Parkinson
Some suggested changes have been made to the draft. Alan is looking for advice to get this draft
right. The duplex definition has been removed. One of the challenges we have faced is defining
duplexes, twin homes, townhomes, etc. The Building Code was consulted to have the designations
of single-family attached and single-family detached. The single-family attached are units individually
owned. Parkside is an example. Building codes adopted by the City of Rexburg” language. Change to
five (5’) feet between the accessory building and adjacent lots. Question about allowed height for
height of accessory building to match the height of the current building. In Summerfield, a taller
accessory building is going in as an example of location very close to the parcel line and as tall as the
home’s height. Front yards, side yards, and rear setbacks.
(3.02.070.B) Side Yard. Meet the same side yard requirements as a principal building when the
accessory building is:
1. (Residential) larger than two hundred (200) square feet or taller than ten (10’) feet in
height.
RR1: Detached has been added to single-family homes.
Questions about difference between modular and manufactured homes. Why are they not
allowed in the zones? Manufactured homes will go in a manufactured housing community.
Make change: Indication in permitted use tables to identify boarding houses, bed and breakfast
as a type of short-term rental.
Instead of doing the number of square feet, we are going to have a density per acre. This is easier
for people to calculate and understand.
A Planned Unit development can cluster their buildings, but the overall approved density must
be maintained.
LDR2: Single-family home, detached and Single-family attached. Disagreement about
townhomes allowed as a building-type. 26% of owner-occupied townhomes in Summerfield. 10
out of 10 single-family homes in the same neighborhood are owner-occupied. This will change
the feel of the neighborhood. Twinhomes should be allowed, but not duplexes or townhomes.
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020
Fax: 208.359.3022
www.rexburg.org
Planning & Zoning Minutes
September 15, 2022
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Duplexes are two units in the same building. It makes sense to move the townhomes to LDR3.
Why change that? It is not about density. A townhome can be bought up as four units and rented;
this is the use here as turnover. The distinction is simple townhomes are owned with their land –
duplexes do not own the land, apartments are owned from a current owner. From a building
perspective, the code does not look at the type – how is the ownership going to land on the
county records? Density drives the type of neighbors. Six townhomes on an acre is not an
efficient way to make money as a developer. Usually clustering is used to add amenities to a
neighborhood. Reference of denying an LDR3 request next to the Madison Junior High. Was it
the townhomes or the increase of density weighed in on the vote? Add note to single-family,
attached “except townhomes” or keep language about two (2) units per building.
Density proposed six (6) dwellings per acre.
LDR3: Only zone for Manufactured Housing Communities – why are we putting these in our
higher densities? Manufactured Housing Communities are allowed eight (8) units per acre with a
Conditional Use Permit (CUP). The density of 10 units per acre for other uses will be
maintained.
• Change: For Manufactured Housing Communities also require ten (10) units per acre.
MDR1: Why are we allowing single-family homes in our highest-density zones? An employee of
a multi-family development can live in a detached building on the same land as the rest of the
units.
Keep the density of sixteen (16) units per acre.
“3 or more units” – designates a townhome.
Short-term Rentals: Do we want the requirement of having to live on site in the lower-densities?
We cared originally. You want to allow short-term rentals but not allow townhomes? How do
these change the feel of the neighborhood differently? A long-term renter is more of an
integrated part of the neighborhood. Lower-densities – you have to live within or have a manager
in the city boundaries. Leave the short-term rentals for now, the way they are written.
Tiny Homes: Tiny homes proposed section will come to the groups at a later date.
HDR1: Manufactured housing communities will not be allowed. Single-family and duplexes will
not be allowed; density is the goal. PED density regulated the University, Building Code and any
requirements as part of the Conditional Use Permit (CUP) – things in the city should not be
regulated by the university. There is a misconception that apartment complexes in the PED are
only allowed to be dormitory; multi-family apartments are also allowed. People have to meet the
requirements of the city, but the university may have more restrictive requirements.
TAG: Manufacture housing community removed.
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CBC: Regulated new commercial plats; many existing do not meet this same requirement. Are
we limiting things we do not want to limit? Development will be naturally limited by parking?
Why do we have requirements for a minimum area of land to develop?
*Pick up and work from section section 6.02.030.
Request to hold the next work meeting prior to the City Council meeting.
Chairperson Smith opened the meeting at 6:32 PM.
Planning & Zoning Meeting:
Welcome
Pledge of Allegiance: Vanessa Johnson
Commissioner Roll Call:
ROLL CALL of Planning and Zoning Commissioners:
Present: Vince Haley (Vice Chair), Randall Kempton, Todd Marx, Sally Smith
(Chairperson), Bruce Casper, Eric Erickson, Brad Wolfe, Vanessa Johnson.
Absent: McKay Francis, Aaron Richards, Jim Lawrence.
Katie Saurey will be working in Tawnya’s position. Tawnya has accepted a new position for a different
employer.
Minutes:
Planning & Zoning Meeting September 1, 2022 (action)
Discussion about amendment to the minutes from Aaron. Vince said on Aaron’s behalf, he thinks
the amendment should be made.
MOTION: Motion to approve the Planning & Zoning minutes as recorded for September
15, 2022, with Aaron’s requested change. Action: Approve, Moved by Vince Haley, Seconded
by Brad Wolfe.
Commissioner Discussion on the Motion: None
VOTE: Motion carried by unanimous roll call vote. (Summary: Yes = 9, Abstain = 1).
Yes: Vince Haley (Vice Chair), Randall Kempton, Todd Marx, Sally Smith (Chairperson),
Bruce Casper, Eric Erickson, Brad Wolfe, Vanessa Johnson.
Abstain: Randall Kempton
Public Hearings: None
Plat:
1. (22-00425) Shirley Subdivision – Approximately 396 W Moody Rd. The property is part
of a family trust. The land borders Hwy 20 and a canal to the north and is in Rexburg’s Area
of Impact. The parcel is approximately eleven (11) acres. – Mack Shirley, Bruce Shirley
(action)
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Applicant Presentation: Mack Shirley – 443 W Moran View Rd – His brother
Bruce and he are here representing the family trust. The trust property is shown on
the screen as platted and subdivided. The property is located on the west end of W
Moody Rd. The parcel is just over eleven (11) acres. This piece is part of the land
homesteaded by their family.
To the north of this parcel, there is the farm operated by Bruce Shirley. The farm
was intact until US Highway 20 came along, dividing the farm into two (2) pieces.
There used to be access over a private edge to the north part of the farm. The reason
he is talking about this is because the land to the north has already been subdivided.
They are asking for the remaining land to be subdivided. Seven (7) remaining
members of the trust all approve of this subdivision. The Muir property to the east
has already been subdivided. Between them is Neil Call’s property, which was part of
the original homestead. The family members are requesting the same consideration
as was given to the Muirs. Eight (8) lots will be created. No infrastructure plans have
been submitted and the land will remain in farming. Bruce, his brother, is the
draftsman and he will explain some of his expertise.
Bruce Shirley – 2328 N 1000 W – His career has been engineering and drafting
work. He has had to work around the criteria the trust specifies. One (1) acre has to
be set aside for the maintenance of the home for the youngest brother. The out
buildings did not have to be considered. Lot 6 is this lot. There is a canal easement
along US Highway 20 for canal maintenance. The land is surveyed and staked.
Commissioner Questions: Vince asked in previous applications for this area, Mr.
Muir has come in and discussed the easement for the canal. He asked if Bruce has
talked with Mr. Muir. Bruce does not feel this was necessary. He has never seen the
canal company use the easement. Most of the work has been done down into the
canal. The canal company does have access through the fence in a crisis situation.
Trees along the canal would shelter this subdivision for noise. Chairperson Smith
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asked if the zoning will change. Bruce said the TAG zone requires one (1) acre. In
1898, the property was purchased. The property was purchased for fifty(50) cents
per one (1) acre.
Staff Report: Alan Parkinson – Staff has reviewed the request. There are no
requests for city services. The traffic can be handled by the current roads. City Staff
recommends approval by the Planning & Zoning Commission to the Madison
County Commissioners.
Commissioner Questions: Eric asked if the subdivision can happen under the
current zone. Alan answered he has the rights to subdivide. Randall asked why the
Comprehensive Plan Map does not match the current zoning. Alan said since the
request is not for a zone change, the discrepancy does not apply.
Conflict of Interest? – Chairperson Smith 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.
Commissioner Discussion: Eric asked where the road comes south in
comparison to the other adjacent properties. N 5th W was identified on the map.
Someday he would like to have a discussion about N 5th W. Vince said in the future
an overpass may go in in this area. Alan said, right now, there is a discussion for long
range planning.
MOTION: Motion to recommend the Madison County Commissioners
approve (22-00425) the Shirley Subdivision Plat at approximately 396 W
Moody Rd., because there are no restrictions in the current zoning and
complies with the Development Code requirements, it does not provide any
adverse conditions. Action: Approve/Deny, Moved by Brad Wolfe, Seconded
by Bruce Shirley.
Commissioner Discussion on the Motion: None
VOTE: Motion carried by unanimous roll call vote. (Summary: Yes = 8, No =
0).
Yes: Vince Haley (Vice Chair), Randall Kempton, Todd Marx, Sally Smith
(Chairperson), Bruce Casper, Eric Erickson, Brad Wolfe, Vanessa Johnson.
Heads Up for October 6th: No Hearings – Cancel Meeting? A work meeting will be held prior to
the second meeting in October. Vince asked about the next steps in the Comprehensive Plan
drafting. Alan answered, Logan Simpson…
Adjournment at 7:00PM.