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HomeMy WebLinkAboutRFD - 23-00811 – Misc & Rental Code - Development Code Amendment(208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Reason for Decision 23-00811 – Misc & Rental Code – Development Code Amendment 1. November 7, 2023, An application was received for an ordinance amendment to Miscellaneous and Rental sections of Ordinance No. 1200 - Development Code. 2. November 3, 2023, Miscellaneous Amendments of Application were discussed at Strategic Team Meeting. 3. November 7, 2023, Rental Amendments of Application were discussed at Strategic Team Meeting. 4. November 28, 2023, Staff reviews were approved. 5. December 18, 2023, Notice was sent to the newspaper to be published December 19, 2023 and December 26, 2023. 6. January 4, 2024, the application was presented to the Planning & Zoning Commission. Public Hearing – (23-00811) Miscellaneous and Rental Code – Development Code Amendment – Proposed updates to the Development Code – Alan Parkinson (Action) Presentation: Alan explained there were nine different sections, the majority of the changes were reorganizing and simplifying, but there were a few verbiage changes. Section 9 - Parking – added a number of parking spaces in storage facilities. Section 8 - Plat recording timeline –removed contradiction with plat recording deadline. Section 6 – Comprehensive Plan designations updated to reflect currently adopted Comprehensive Plan. Section 5 – Form Based Code – added reference/link to the pdf of that code. Section 4 – Engineering – modified to allow Public Works Director discretion of extending block lengths up to 1400’ in length. Alan explained that sometimes the 700’ block length just does not work when developers try to design connectivity to an existing subdivision. He further explained that the Engineering Standards in Appendix B would be a link to those standards, rather than having to doubly update the code each time Engineering updates the standards. A brief discussion ensued concerning Public Works processes and enforcement of the standards. (video index 00:19:16) (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Section 3 – Addressing – Reorganized information to make it easier to find and read; clarifying that addresses are given by the City of Rexburg, per the Addressing Policy created by the Addressing Committee. Aaron inquired about driveway markers. Alan explained it is for multiple residences, such as a complex with multiple buildings. Section 2 – Accessory Buildings - Added clarification but mostly consolidated the information. Randall referred to the options given on the staff report. Alan explained there has been a challenge with the accessory building heights being limited to the height of the primary building. The group discussed the heights of primary buildings, accessory buildings, and elevations, and if the different heights would look out of place or effect the neighbors. Aaron commented that restricting the height of the accessory building to the height of the primary building would be difficult for staff to manage and require them to measure the primary building before approving the accessory. Randall added that limiting the height in this way felt too restrictive. *The group consensus was to allow Accessory Buildings to follow the maximum building height of the zone. (video index 00:37:18) Alan moved on to the proposed setbacks for Accessory Buildings, explaining that 5’ from property line would allow for fire separation and maintenance of the building, and that once an accessory building exceeds a certain square footage, then normal setbacks apply. Aaron clarified that these setbacks would not apply to the Form Based Code. Alan confirmed. Vince followed up asking if the setbacks would apply to residential or commercial zones. Alan advised both. A discussion followed concerning small sheds on tiny lots being in the middle of the back yard with the proposed setbacks. Summerfield was shown as an example. ADU’s were brought up, as well as mitigating disputes between neighbors. When no consensus was reached, Jim asked if the section could be approved in parts. Alan confirmed and offered that the section could be tabled as well. Brian questioned how often neighbors wanted to place sheds against the same property line. Alan remarked that the Commission would be surprised by how often it comes up. Aaron proposed if there was no foundation, allowing a 0’ setback, but if there was a foundation, following the fire code. Vince supported this suggestion. *The group consensus was to table this section. (video index 00:57:58) Section 1 –Rentals. Added the definition of Accessory Dwelling Units (ADUs). Short-term rentals were updated, removing the outdated Bed & Breakfast and Boarding House terminology, which also removed the requirement for the owner to live in the house, allowing the owner or a manager to live within Madison County for a 15 minute response time. Alan recounted that City Council had asked for Short-term Rentals to be updated. Sally spoke against the proposal to not require the owner to live in the house, indicating that the code should not be changed for one person. Alan reported that only one instance made it before City Council, but that the department has received multiple inquiries. Sally commented that many people want to maintain the integrity of their Single-family neighborhoods and reiterated her opposition to removing the requirement. Rob brought up that Home Owner’s Associations can prohibit Short- term Rentals. Sally countered that very few of them do. The discussion touched on the effects (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org of the ADU statute, enforcement, trends, and the regulations that are allowed to be placed upon Short-term Rentals. (video index 01:19:07) Alan moved on to ADUs, summarizing the state statute and the regulations allowed and touching on its purpose of finding a solution to affordable housing and the housing shortage. Aaron voiced concern that requiring the same setback as the primary residence would not allow a large percentage of residents to have an ADU. Alan explained that ADUs don’t have to be a separate building, they can be in a basement, or garage, or part of the house. Alan summarized the main concern of this section as whether to require the owner to live on site, or in Madison County, for Short-term Rentals. (Owners are required to live on site with ADUs.) (video index 01:31:18) Section 7 – reorganized the format with changes to the setbacks to improve consistency. Vince inquired about who was responsible for damages to landscape strip irrigation if damaged by the work in the right-of-way. Alan responded that he believed the City or Utility company that damages it would be responsible to repair it. Alan reviewed the options regarding the Sidewalk Access. Jim asked for clarification on if access was to BYUI AND a commercial cluster, or BYUI OR a commercial cluster. Alan confirmed or. Aaron asked what the advantage of sidewalk access was for the lower density zones. Alan explained that this was something that came up and staff was unable to come to a conclusion. Aaron expressed that this would be very punitive to development. Rob agreed. Vince voiced his concern of not only the financial side, but being denied access to multiple other properties to put in a sidewalk. Alan agreed it does create a burden and may stop a project because access was denied. Aaron reiterated his opposition, noting the potential cost of a pedestrian bridge. Randall also voiced his opposition. Alan summarized that leaving the proposal as is will only require the sidewalk access in higher density zones. Alan reiterated that the majority of this section was consolidated, with the exception of adding the minimum square footage requirements for lots back in, and making the setbacks more consistent. Aaron spoke in favor of uniform side setbacks instead of formulas. (video index 1:50:32) Alan summarized the three decisions to be made: 1. Continuing to require the owner to live on site for Short-term Rentals 2. Limiting the maximum accessory building height by primary residence height or the zone allowance 3. The setbacks for accessory buildings (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Chairperson Smith opened the public input portion of the hearing at 8:21 pm. In Favor: none Neutral: none Opposed: none Written Correspondence: none Rebuttal: none Chairperson Smith closed the public input portion of the hearing at 8:22 pm. 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: Bruce asked how to make the proposal, with the items in question. Alan confirmed with Attorney Rammell that the Commission could line item amend the approval then approve. Attorney Rammell advised the proposal could be line item amended and suggested at least two motions. Alan agreed two would be better, a motion to amend, then a motion to accept with the changes. MOTION: Motion to recommend City Council approve sections 3, 4, 5, 6, 7, 8, and 9 as written, leaving sections 1 and 2 to go under a separate vote. Action: Approve, Moved by Aaron Richards, Seconded by Randall Kempton. Commissioner Discussion on the Motion: VOTE: Motion carried. (Summary: Yes= 10, No= 0, Abstain = 0). Yes: Vince Haley (Vice Chair), Todd Marx, Randall Kempton, Sally Smith (Chairperson), Aaron Richards, Jim Lawrence, Bruce Casper, McKay Francis, Rob Woodall, Brian Thackeray No: none Abstain: none MOTION: Motion to recommend City Council approve section 1 with the change that the code remain as it was, requiring an owner or agent of the owner to live on site for Short- term Rentals in TAG, RR1, RR2, LDR1, LDR2, and LDR3 . Action: Approve, Moved by Sally Smith, Seconded by McKay Francis. Commissioner Discussion on the Motion: VOTE: Motion carried. (Summary: Yes= 9, No= 1, Abstain = 0). Yes: Vince Haley (Vice Chair), Todd Marx, Randall Kempton, Sally Smith (Chairperson), Aaron Richards, Bruce Casper, McKay Francis, Rob Woodall, Brian Thackeray No: Jim Lawrence (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Abstain: none MOTION: Motion to recommend City Council approve section 2 with the changes that any accessory building under 200 square feet may have a 0’ setback on the side and rear, and that the accessory building height is defined by the zone and may not exceed the height of the zone it is located within. Action: Approve, Moved by Aaron Richards, Seconded by Randall Kempton. Commissioner Discussion on the Motion: VOTE: Motion carried. (Summary: Yes= 10, No= 0, Abstain = 0). Yes: Vince Haley (Vice Chair), Todd Marx, Randall Kempton, Sally Smith (Chairperson), Aaron Richards, Jim Lawrence, Bruce Casper, McKay Francis, Rob Woodall, Brian Thackeray No: none Abstain: none 7. January 17, 2024, the application was presented to the City Council. Items for Consideration: (3:28:12) A. Planning and Zoning recommendation to approve an amendment to the Rexburg Development Code, Ordinance No. 1200, as it pertains to Rental Requirements, Accessory Building Standards, and other substantive and non-substantive items #23-00811. Permitted Uses in All Zones #23-00622. Designated as Ordinance No 1308 if motion passes – Alan Parkinson Planning and Zoning Administrator Parkinson reviewed the information to consider these requested amendments. The proposed changes in the ordinance sections found in the Councilmembers online packets highlighted in red are being removed or moved to a different section of the code and the items highlighted in green are proposed changes. … (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Planning and Zoning Administrator Parkinson reviewed the changes to ordinance lot config/density/setbacks. He mentioned that currently Medium Density Residential (MDR) or higher density residential, requires a sidewalk connection to university and a commercial district. They discussed adding low densities to that sidewalk connection requirement; however, the Planning and Zoning Commission did not believe it was necessary in the lower densities. Planning and Zoning Administrator Parkinson mentioned last year the state passed a statute stating all residential zones must allow accessory dwelling units. The city can add stipulations to the code for accessory dwellings such as parking, landscaping, setbacks, and requirements for the property owner to live on the property for zones LDR3 and lower density zones. Discussion regarding block lengths exception, plat recording deadline and storage facility parking. Council President Walker moved to approve Ordinance No 1308 Amendment to the Rexburg Development Code, Ordinance No. 1200, as it pertains to Rental Requirements, Accessory Building Standards, and other substantive and non-substantive items #23-00811 and consider first read; Council Member E. Erickson seconded the motion; Mayor Merrill asked for a roll call vote: Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member C. Erickson Council Member E. Erickson Council Member Reeser Council President Walker The motion carried. 8. February 7, 2024, City Council considered the application for a 2nd Read. Ordinance No 1308 Amendment to Rexburg Development Code Ordinance No 1200 as it pertains to Rental Requirements, Accessory Building Standards and other substantive and non-substantive items – Alan Parkinson CITY OF REXBURG ORDINANCE NO. 1308 DEVELOPMENT CODE ORDINANCE 1200 AMENDMENTS AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT CODE (PLANNING AND ZONING ORDINANCE NO. 1200) CONCERNING SUBSTANTIVE AND NON-SUBSTANTIVE ITEMS; THE FOLLOWING (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org CHANGES HAVE BEEN MADE: AMENDMENTS TO …..; PROVIDING FOR VIOLATION OF THE PROVISIONS OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; AND PROVIDING FOR THE EFFECTIVE DATE OF THE ORDINANCE. Council Member Johnson moved to approve Ordinance No 1308 Amendment to Rexburg Development Code Ordinance No 1200 as it pertains to Rental Requirements, Accessory Building Standards and other substantive and non-substantive items and consider second read; Council Member Chambers seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member C. Erickson Council Member E. Erickson Council Member Reeser Council President Walker The motion carried. 9. February 21, 2024, City Council considered the application for a 3rd and final Read. Ordinance No 1308 Amendment to Rexburg Development Code Ordinance No 1200 as it pertains to Rental Requirements, Accessory Building Standards and other substantive and non-substantive items – Alan Parkinson CITY OF REXBURG ORDINANCE NO. 1308 DEVELOPMENT CODE ORDINANCE 1200 AMENDMENTS AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT CODE (PLANNING AND ZONING ORDINANCE NO. 1200) CONCERNING SUBSTANTIVE AND NON-SUBSTANTIVE ITEMS; THE FOLLOWING CHANGES HAVE BEEN MADE: AMENDMENTS TO …..; PROVIDING FOR VIOLATION OF THE PROVISIONS OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; AND PROVIDING FOR THE EFFECTIVE DATE OF THE ORDINANCE. Council Member Chambers moved to approve Ordinance No 1308 Amendment to Rexburg Development Code Ordinance No 1200 as it pertains to Rental Requirements, Accessory Building Standards and other substantive and non-substantive items and consider third read; Council Member C. Erickson seconded the motion; Mayor Merrill asked for a vote: (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member C. Erickson Council Member E. Erickson Council Member Reeser Council President Walker The motion carried.