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HomeMy WebLinkAboutP&Z Minutes 7.20.23(208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Planning and Zoning Minutes - July 20, 2023 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 Chairperson Smith opened the meeting at 6:32 PM. Planning & Zoning Meeting: Welcome Pledge of Allegiance ROLL CALL of Planning and Zoning Commissioners: Present: Vince Haley (Vice Chair), Randall Kempton, Todd Marx, Sally Smith (Chairperson), Bruce Casper, Eric Erickson, Vanessa Johnson, Jim Lawrence Absent: Aaron Richards, McKay Francis, Brad Wolfe Minutes: Approval of the P&Z Minutes from June 1st, 2023 Action MOTION: Motion to approve the Planning & Zoning minutes as recorded for June 1st, 2023. Action: Approve, Moved by Todd Marx, Seconded by Sally Smith. Commissioner Discussion on the Motion: None VOTE: Motion carried. (Summary: Yes = 8, No= 0, Abstain = 0). Yes: Vince Haley (Vice Chair), Randall Kempton, Todd Marx, Sally Smith (Chairperson), Bruce Casper, Eric Erickson, Vanessa Johnson, Jim Lawrence No: Abstain: (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Ordinance Amendment: (video index 4:31) 1. Development Code Ordinance Amendment 1298 – Livestock – City Council returned any changes pertaining to Livestock in the Development Code Ordinance Amendment to the Planning & Zoning Commission for review. Action Item Sally explained that the animal section of the ordinance amendment had been sent back to Planning & Zoning by City Council and asked the Commissioners for any discussion. Eric asked for an explanation. Sally explained that she attended the City Council meeting and there was a very controversial matter on the agenda ahead of the ordinance amendment, and the draft of the minutes includes one paragraph where City Council indicated they had talked through it before and all had come to the same conclusion. The City Council meeting was only 6 days after the Planning & Zoning meeting and it seemed like the Planning & Zoning minutes were not read. She stated that the public hearing was held before Planning & Zoning, not City Council. Sally asked Attorney Rammell to explain what would happen if the same motion goes back to City Council. Attorney Rammell responded that the statute requires it to come back to the Planning & Zoning Commission since City Council wanted what would be considered a substantial change from the Planning & Zoning recommendation. He explained that as far as the process goes, the Planning & Zoning Commission makes a recommendation, if City Council proposes a substantial change it is sent back before Planning & Zoning. If Planning & Zoning makes the same proposal, then since Planning & Zoning is only a recommendation board, City Council has the ultimate determination and can pass it. Eric asked if City Council provided any instruction or reference to a specific problem. Alan explained that the City Council commented that they felt there was a consensus during previous work meetings and felt it should stay in the ordinance and asked that Planning & Zoning look at it again. Sally pointed out that Planning & Zoning held the public hearing. Spencer agreed and noted that there was not a prolonged discussion during the City Council decision. Sally restated that it was only 1 paragraph. Vince suggested that in an effort to help City Council that the Planning & Zoning Commission keep their comments short and to the point. As he started to explain that he had been thinking about this problem and possible solutions, Eric asked Vince to define the problem. Vince stated that the problem, in his mind, is that the Planning & Zoning Commission is being requested to change the ordinance, based on citizens request and concern. In his mind, what the City Council thinks should be approved actually opens up more of a can of worms than the current ordinance. He 100% agrees with the concern of having the rights of having animals within parts of the city limits, but does not agree with what is being proposed and feels the city will face more problems, when, to his understanding, the city doesn’t currently have a problem. He feels they (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org are making an effort to make sure all citizens have rights to animals, but that it would open up additional problems if this ordinance is passed. Sally pointed out that livestock is still allowed in RR1, RR2 and TAG where there is adequate space. She referenced her time on City Council, and how she had a hard time voting for another law that was difficult to enforce. Vince added if it doesn’t meet the needs of all citizens. Randall stated he had also given this considerable thought and expressed that there are zones where all of the Commission agrees that livestock should not be allowed (MDR & HDR zones) and zones where it is allowed (RR & TAG) and it is the LDR zones that is an issue. He feels that public involvement has been minimal and before changing the ordinance, he would prefer to see more citizens express their interest in that change, since it will affect their lives and they don’t know because they’re not here or reading the newspapers. He agrees with Vince that if this ordinance change is passed, some neighbors will take advantage of the livestock ordinance and create conflict between neighbors, whereas now, there is not that conflict. Eric agrees. Instead of a blanket allowing poultry or certain animals in certain zones, to codify it and you can have a horse, cow, pig, which is what the commission has been asked us to do, opens a can of worms. He has no problem looking at definitions of household pets, as the definition seems to be the problem. Especially chickens, as they are not kept for company or pleasure, rather for eggs or food production. He feels that allowing domestic livestock in all LDR will open the City up to problems. Bruce thinks the Commission needs to go with what they did before. Vince and Randall specified that City Council needs to understand why the Commission is voting this way. Vanessa agrees and believes changing it will open it up to other issues, giving the example that if they are allowed in other locations, there will begin to be issues with neighbors, smells, nuisances, etc. Todd brought up that a lot of areas are controlled by HOA’s. Sally countered that there are lot of areas not controlled by HOA’s. Todd thinks this is dealing with a problem that doesn’t need to be dealt with. Jim stated he is on the same page as everyone else. Vince addressed Mr. Southwick, stating he understood Mr. Southwick’s concern and desire for those who want to have animals, but the points made have not steered him enough. Eric reasoned that this might come up again and sometimes inaction in a situation like this is the best way forward. He commented on the lack of public involvement. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Randall shared that after a work meeting where Mr. Southwick expressed his views, Randall found his ideas persuasive, and agrees with the rural feel and character, and wants to have other people saying the same thing as there is not enough engagement. He resolved they should keep status quo as matter of prudence. Eric commented on the quality of arguments from both sides during the last hearing. He thought some of the arguments against having domestic livestock in LDR zones were very valid. Randall wants to make a motion, hasn’t ironed it out yet. Randall commented he is working on the wording for a motion. Alan added that the Commission can have it sent back to staff to have it rewritten and clarified. Sally asked the Commissioner’s if the chicken’s aspect had been straightened out. Alan explained that animals was left out of the last ordinance. Eric asked Alan to clarify the changes made to the animals definitions. Alan replied that the Domestic Livestock had been added and that chickens had been clarified. Eric would like the changed definitions to be included in the motion to be in the ordinance to better clarify that chickens are allowed. Discussion ensued about leaving the definitions as they were, since chickens were included in fowl, which was included in the current definition, as well as other restrictions to chickens, such as HOA’s, covenants, or strict restrictions. MOTION: Motion to recommend to City Council that they remove the changes pertaining to animals in the proposed development code ordinance amendment because of reasons discussed in this meeting and previous Planning & Zoning discussions. Action: Remove proposed animal changes, Moved by Randall, Seconded by Eric. Commissioner Discussion on the Motion: None VOTE: Motion carried. (Summary: Yes= 8, No= 0, Abstain = 0). Yes: Vince Haley (Vice Chair), Randall Kempton, Todd Marx, Sally Smith (Chairperson), Bruce Casper, Eric Erickson, Vanessa Johnson, Jim Lawrence No: Abstain: Vince asked when this will be before City Council? Alan replied August 2nd. Discussion: Presentation on current housing numbers. – Alan Parkinson Alan introduced his presentation, explaining that it was created because of a curiosity as to the acreage of the different zones. He believes this information will assist in moving forward with the (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org comprehensive plan, and will help the Commissioners make informed decisions based on the data of acreage available for each zone. The future land use map, that will be presented next week on the 26th, was shown on the screen. Alan explained the zones and zone acreage as compared to the total acreage of the city. He noted that there is a total of 12,791 acres in the City and the Impact Zone. The next slide indicated the current acreage at 11,275. Alan asked why the acres differed. Vince guessed Open Space? Alan answered that the future land use map uses the territories acres, and the zoning map uses parcels. Therefore, the future land use map includes roads, and the City has almost 1,000 acres of roads. Alan pointed out the individual zones and where they were located within the City, including the developed and undeveloped acreage within each zone. Based on this data, IF Rexburg was built out to the maximum capacity per zone, Rexburg could house 110,964 people, without a single zone change. He then discussed the Commercial and Industrial zones, commenting that there are a lot of Light Industrial zones that are switching to residential or commercial, and it may be hard to find suitable areas for Light Industrial zones since it doesn’t fit in the center of town. Eric asked about the airport, then about property taxes. The discussion turned to affordable housing. Alan commented that he had read an article that compared Rexburg’s housing prices to Hawaii and Los Angelos, the most expensive property. The group discussed the causes and consequences of the high demand and prices of homes. Alan noted that these are things to be aware of, and that it can be a challenge when a zoning request comes in, to change the zoning to provide more housing, while keeping the feel of Rexburg. Sally asked how the comprehensive plan will affect the zoning and housing demand. Alan answered that the comprehensive plan does not change the zoning. Audience member David asked if today’s population could be applied to the same graph as the 110 thousand? He’s wondering which zones contain the majority of the population today, as well as where affordable housing could grow. Alan explained that in order to do that, he would have to look at every house on every lot. The group continued the affordable housing discussion. Vince asked Alan if he could run these numbers from 10 years ago so they could compare to today. Alan explained that the past numbers are not available, but that GIS is looking at building a historical zoning map that would provide some past data. Vince stated that the numbers were very interesting, especially if the Commission is on the fence about approving higher density that might fit, or might not. Alan presented the next slide, which showed the number of acres Rezoned or Annexed since 2015, before concluding his presentation. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Sally asked if the presentation was published or available online. Alan replied that he was still fine tuning it, but that it would be. Vanessa complimented Alan’s work. Vince commented on how much people love Rexburg with its small town, rural feel and values. Heads Up for July 26th, 2023: Comprehensive Plan Work Meeting at 5:30 pm – presented by Megan Moore with Logan Simpson. Adjourned at 7:33 PM.