HomeMy WebLinkAboutP&Z Work Meeting Notes 4.19.231
City Staff and Others:
Alan Parkinson – P&Z Administrator
Katie Jo Saurey – 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
Mayor Merrill opened the work meeting at 5:10 pm and asked Alan to begin.
Alan began by explaining that he had met with citizens within the community to discuss animals
but would like to put the animal discussion aside until the end. He asked if there were any
questions other than animals that the Commission or Council would like to ask. Alan indicated
that the development code draft document on the screen contained the modifications
previously requested.
Tisha commented that she had previously asked all of Cory Barnard’s submitted questions, and
they were great questions to help clarify the code. She invited Cory to meet with Alan to share
that same experience.
Sally asked if there was going to be a public hearing. Alan explained that we are starting over in
the process and there will be a public hearing before P&Z before going to the City Council. Next,
he explained that in the document, that black text is original code that we have not changed,
green is the proposed change, and red is proposed to remove. He further explained that some
of the red text is text that we have moved to another section to consolidate the code, allowing
for greater ease in finding all related information accessible in one section.
Alan showed the definitions section and hit on a few that were updated, including attached
single-family dwellings and modular/manufactured/mobile homes. Jordan asked if modular
homes are still popular. Alan and Vince responded that yes, they are quickly regaining in
popularity. Jordan asked if there were specific neighborhoods seeing modular home growth.
Alan responded there is a larger development in Chester. The Mayor suggested that there
should be a modular neighborhood in Rexburg to help provide affordable housing. Aaron added
that commercial buildings can be modular as well, that a community center in Jackson is built
that way, and that they are over built since they have to be transported via truck. Alan
remarked that in a recent conference they even saw a multi-family complex built modularly.
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020
Fax: 208.359.3022
www.rexburg.org
Planning & Zoning Minutes
April 19th, 2023
2
Discussion turned to permitted accessory uses. Alan described the permitted accessory uses as
not the primary use and not a residence. He gave examples such as greenhouses, sheds, garden
sheds, etc. He stated that in the current code, accessory apartments are only permitted for
caretakers or family, but it cannot be rented. A discussion on ADU’s (accessory dwelling units)
followed. The Mayor remarked that Idaho Falls has approved ADU’s in all zones and that he
thinks it is something Rexburg should look into. Alan agreed and confirmed ADU’s are on the
radar and will be discussed in a future meeting, adding that people cannot afford homes or
rent, and so ADUs are popular to help make the payments. Mayor Merrill volunteered that
many City employees cannot afford to live in Rexburg and are having to live in other
communities.
McKay inquired about the restrictions of ADU’s for caretakers, asking how the code is enforced,
especially after the property is sold. Alan responded that it is a challenge to track them.
Duplexes are tracked as they require life safety inspections. Usually, if someone is going to rent
an ADU, they need a business license and that is where it is caught. Colin shared that this
happened in his neighborhood recently. Alan touched on restrictive lot covenants and placing
restrictions on deeds. Jordan expressed that he feels that a casita should be able to be rented
out, that there are too many restrictions against renting it. Alan responded that the right rules
are needed to protect neighborhoods, owners and renters.
Cory Barnard asked if there are any changes to the document since March 15th? Alan replied
yes, and discussion followed on the naming format of the documents.
***Update names of documents to draft 1, draft 2, etc. and keep date.
The group reviewed accessory building setbacks, heights, and distance between buildings
before moving on to fencing. Colin inquired about the Administrator Approval. Alan
summarized the process, adding that this is just helping property owners avoid challenges. He
identified several ways to notify fence companies, HOA’s and property owners. Colin suggested
contacting landscapers as well.
Alan discussed agriculture being removed as a permitted usage in RR1 & RR2 because the
definition of agriculture states that agriculture must be the primary use, and a house becomes
the primary use. He pointed out that gardens and small hobby farms are permitted, but the
products cannot be for sale or it becomes commercial. Alan touched on Household Pets being
permitted in all zones, while domestic livestock is permitted in TAG – LDR3, and the definition
limits the number by stating there must be adequate space available.
The group examined the maximum density for each zone. Robert inquired why in LDR2 it was
stated as single-family dwellings attached (except townhomes). Alan reminded the group that
this was added in response to a request from the group. Robert proposed that townhomes
could have a greater impact than single-family homes only, and should be allowed as a CUP.
Group consensus agreed that townhomes could be allowed in LDR2 with a CUP.
3
***LDR2 permitted uses – Allow Townhomes with a CUP.
Discussion turned to CUP’s and PUD’s within higher density zones for single-family detached,
twinhomes and townhomes. Aaron proposed to have a CUP for twin homes or duplexes in
higher density zones and the Mayor agreed, adding that the CUP gives flexibility.
Vince drew attention to the fact that he felt like the Commission was more of a zoning
commission, rather than a planning commission. Colin commented that it seemed like this
could defeat the purpose of the higher density zoning. Vince inquired about a way to vote
against something if there is not an argument other than it doesn’t fit that satisfies legal
counsel. Alan cautioned that he is not a lawyer, but that a reason could be that the item at
hand is not supported by the comprehensive plan. He added that he planned to review the
comprehensive plan with the group every 2-3 years, to confirm that it meets the city’s needs, or
to identify potential modifications.
Wanless Southwick stated that the dialog about the plan and where these areas are that are
best for growth need to include the public, not just Planning & Zoning and City Council. Alan
agreed and pointed out that the public is invited to work meetings, public hearings, and public
meetings.
The conversation turned to densities, including Manufactured Housing Communities and PUD’s.
Alan pointed out the proposed changes in the CBC and Industrial zones, which included new
commercial subdivision lot size requirements and building height limits.
Colin asked if the parking was fixed for multi-family/PED housing. Alan responded yes, it was
removed, but single-family and single student can ask for a reduction. Mikel asked if the
reduction amount had been modified. Alan confirmed the reduction percentage had been
increased to 75% and the multi-family reduction option had been removed. Vince asked if the
parking modifications adequately addressed the issue of student housing turning into condos.
Alan replied that the applicant does have to meet the parking standards to convert student
housing into condo’s, and the additional parking standards to offer as a short term rental. Alan
added that the visitor reduction option was also removed from the proposal.
Alan moved on to the proposed changes to Short Plats, explaining that the changes were
merely to clarify the number of lots divided that qualify. If a division contains three to five lots it
qualifies for the Short Plat application that only requires the Zoning Administrator approval.
Vince and Colin expressed concerns pertaining to the administrative approval of short plats and
the lack of public involvement. Jordan questioned if there was a change in setbacks when
processed this way. Cory Barnard asked if short plats must meet minimum lot areas. Alan
responded that the decision is administrative and that multiple departments review the short
plats to verify the plat meets the code that has been set in place, including setbacks and lot
area. He added that only the clarification of the division limits was added to this section, the
rest will stay the same.
4
The group discussed animals as an accessory use. Sally voiced that she feels okay with how the
code currently is and doesn’t feel that LDR1, LDR2, and LDR3 are a good fit for livestock. Vince
disagreed. Tish commented that chickens and rabbits have been kept in LDR2 and the
neighbors didn’t care and she doesn’t think anyone would ever put a cow in their small yard.
She expressed that the definition is perfect as it allows for reasonability and if there is a
problem, a neighbor will come in. Robert asked how to make the arbitrary objective. Alan
responded that it comes down to nuisance. He added that chickens are included in the
household pets definition, so that 5 chickens are allowed.
Wanless Southwick stated that the key is number 5, where whatever you have, pet or livestock,
you’ve got to have adequate space. He feels the definitions of pets and livestock are sufficiently
clear in the changes now that household pets are defined as being kept for comfort whereas
livestock is kept for food production. He commented that he had seen a report where chickens
can be kept where space is available, but not allowed in apartments or townhouses, which is
exactly what Alan has done and is consistent with what others have done.
Alan asked if there were any other major concerns before announcing that these changes will
come before Planning & Zoning again.
Work meeting ended at 6:32 pm.