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HomeMy WebLinkAboutRFD - 23-00622 – Permitted Use Table - Development Code Amendment(208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Reason for Decision 23-00622 – Permited Uses Table – Development Code Amendment 1. September 6, 2023, An application was received for an ordinance amendment to the Permitted Uses of Ordinance No. 1200 - Development Code. 2. August 31, 2023, Application was discussed at Strategic Team Meeting. 3. October 19, 2023, A joint work meeting was held with City Council, Planning & Zoning, and staff to discuss the proposed changes. 4. November 13, 2023, Staff reviews were approved. 5. November 14, 2023, Notice was sent to the newspaper to be published November 22, 2023 and November 28, 2023. 6. December 7, 2023, the application was presented to the Planning & Zoning Commission. Public Hearing – Public Hearing – (23-00622) Permitted Uses – Development Code Amendment – Proposed permitted uses in all zones. – Alan Parkinson (Action) Presentation: Alan explained that updating, consolidating, and modifying permitted uses is a long-time project. He walked through the chart structure and legend and reminded the group that a work meeting was previously held with Planning & Zoning and City Council. The group discussed the format of the chart that would be added to the Development Code software. Eric questioned if the new format would add complexity and require users to search multiple areas to find what could be done with their property. Alan responded that the current charts will be removed and placed in one area to make it easier to locate permitted uses. Randall commented on the ease of use of the cleaned up version that was shown during the work meeting, and confirmed that the changes were the focus of this meeting. Vince asked if staff had any further thoughts or proposed changes after the work meeting. Alan answered that there will be changes in the future, but that it is as close as it can be at this point. Vince stated that since this is the polished version from the work meeting, he feels comfortable with the changes because they were discussed in depth during that work meeting. Eric commended Alan on streamlining and combining the uses and voiced his support for the amendment. Chairperson Smith opened the public input portion of the hearing at 6:46 pm. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org In Favor: none Neutral: David Merrill inquired about the removed uses and how to tell if it was removed or consolidated into another description. Alan shared an example of the Agriculture category listing each specific item and now those are included in the Farming use. David asked about Short Term Rentals and how they were combined. Alan explained that the terminology was outdated so the Bed and Breakfast and Boarding House categories were combined into the Short Term Rental description. David proceeded to share that the different phases in Harvest Heights is trying to create a single HOA and asked about the relationship between HOA’s and this code, leading to a brief group discussion on whether HOA’s can limit Short Term Rentals like they can Accessory Dwelling Units. Wanless Southwick – shared that he likes the simplification, and that it seems to have been long overdue, but he is apprehensive about the complexity of the chart and how it will look when polished [to be published in the Development Code software]. He stated that he thinks the table should be considered secondary to the code itself and supports having a table in each section. Opposed: none Written Correspondence: none Rebuttal: none Chairperson Smith closed the public input portion of the hearing at 7:01 pm. (video index 32:05) Sally reiterated that the group has been through the document several times with the work meetings and thinks they feel pretty comfortable with the changes, but asked Alan to address how it will look when it comes out in the code book. Alan explained that while the polished version is easier to read, the Planning & Zoning Commission has to vote on the chart shown because they have to see and vote on all modifications proposed, to ensure transparency. He maintained that if the chart becomes too onerous to the population, staff will modify the way the information is presented it to make it a simpler user experience. He added that the majority of codes he has seen from other City’s use a chart. Eric reiterated his concern of how the table would relate to the code. Sally noted the information is only listed differently. Conflict of Interest/Ex parte Conversation: Chairperson Smith asked the Commissioners to disclose any conflicts of interest or conversations held outside of this meeting relative to this particular subject. Commissioner Discussion: (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org MOTION: Motion to recommend to City Council that we adopt this permitted use table as it has been revised based on a lot of discussion and the fact that there seems to be a consensus that this is a good first step towards a major simplification of the code. Action: Approve, Moved by Randall Kempton, Seconded by Todd Marx. Commissioner Discussion on the Motion: VOTE: Motion carried. (Summary: Yes= 6, No= 0, Abstain = 0). Yes: Vince Haley (Vice Chair), Todd Marx, Randall Kempton, Sally Smith (Chairperson), Bruce Casper, Eric Erickson No: Abstain: 7. December 20, 2023, the application was presented to the City Council. Planning and Zoning recommendation to approve an amendment to the Rexburg Development Code, Ordinance No. 1200, as it pertains to Permitted Uses in All Zones #23- 00622. Designated as Ordinance No 1306 if motion passes – Alan Parkinson Planning and Zoning Administrator Parkinson explained there were work meetings held where discussion took place regarding these amendments to the Rexburg Development Code pertaining to uses in all zones. Council Member Flora said the consolidation will make the code easier to understand. Planning and Zoning Administrator Parkinson said the chart is not part of the decision it is only the uses in all zones. Council Member Johnson asked about the changes regarding short-term rentals. Planning and Zoning Administrator Parkinson explained in the classification for short-term rentals there were boarding houses, bed and breakfast and short-term rentals. In the amendments these uses were combined into one called short-term rental. Council Member Erickson moved to suspend the rules for Ordinance No 1306 and Amendment to the Rexburg Development Code, Ordinance No. 1200, as it pertains to Permitted Uses in All Zones; Council Member Flora seconded the motion; Mayor Merrill asked for a roll call vote: Those voting aye Those voting nay Council Member Flora none Council Member Johnson Council Member Chambers Council Member Erickson Council President Busby (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org The motion carried. Council Member Flora moved to approve Ordinance No 1306 and Amendment to the Rexburg Development Code, Ordinance No. 1200, as it pertains to Permitted Uses in All Zones and consider it third read; Council Member Chambers seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora none Council Member Johnson Council Member Chambers Council Member Erickson Council President Busby The motion carried.