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HomeMy WebLinkAboutP&Z Minutes 9.19.24(208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Planning and Zoning Minutes - September 19, 2024 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 6:31 PM. Planning & Zoning Meeting: 1. Welcome 2. Pledge of Allegiance 3. ROLL CALL of Planning and Zoning Commissioners: Present: Vince Haley (Vice Chair), Todd Marx, Sally Smith (Chairperson), Aaron Richards, Jim Lawrence, McKay Francis, Vanessa Johnson, Brian Thackeray Absent: Randall Kempton, Bruce Casper, Rob Woodall PUBLIC HEARINGS: Sally Smith disclosed that she had a conversation with the applicant where she encouraged him to apply with the city. Attorney Rammell asked if that was the totality of the conversation. Sally indicated they discussed the process. Attorney Rammell asked if they discussed the project in detail. Sally responded no. Attorney Rammell asked if Sally was involved financially. Sally responded no. Attorney Rammell asked if Sally felt like the conversation created a conflict of interest. Sally answered no. Attorney Rammell determined she was fine to stay on the board and expressed his appreciation for her disclosing the conversation. 4. Public Hearing – (24-00638) Bagley – Comprehensive Plan Map change from Commercial to Intermediate Residential – Located at approximately 312 & 316 Grand Loop, the application is to change the Comprehensive Plan Map for approximately 1.24 acres from Commercial to Intermediate Residential. – John Bagley (Action) Presentation: John Bagley began by sharing that he and his brother were the original developers of Trejo Park and feel they haven’t had much success selling lots with the way it was zoned. He touched on his potential project for the property, indicating a similar use nearby. John explained that he was applying for Medium Density Residential 1 not for the density, but to be closer to the property lines. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org He noted that the lack of traffic on Grand Loop makes it ideal to walk around, and being within walking distance to doctors and dentists increases its appeal. Alan clarified that this application is for the Comprehensive Plan Map change from Commercial to Intermediate Residential. He shared that it was originally developed in 2004 and was zoned as Technical and Office at that time, and later was updated to Community Business Center when the city removed the Technical and Office zone from the Development Code. He verified that staff has reviewed the application, and the requirements have been met. Vince inquired about the status and funding of the traffic light going in on Trejo and Yellowstone. Alan responded that it was delayed because of the power company and that the nearby apartments helped to fund it. Brian inquired about the surrounding zones. Alan showed the map, pointing out High Density to the south and west, and Community Business Center to the north and east. He indicated that Medium Density is a step down. Vince asked about the role of CC&R’s in the decision. Alan replied that CC&R’s shouldn’t impact the decision, as the city has no power over them and they are between the HOA and that subdivision. McKay wondered if these were the last two lots owned by the applicant. Alan replied no. Chairperson Smith opened the public input portion of the hearing at 6:43 pm. Favor: none Neutral: none Opposed: William Tanner shared that his business is located adjacent to one of the applicant’s lots and when he purchased the property, it was with the intent and understanding through the CC&R’s that it would stay a commercial business park. He questioned the efforts made to market the lots, indicating that the applicant’s deceased brother had told him the lots had been taken off the market. He anticipates difficulties in trying to accommodate both residential and businesses in the area, especially parking and the bottleneck traffic already experienced at the entrance of the business park. He doesn’t think the request is consistent with the purpose of the park and would like to see it stay commercial. Vince confirmed with Mr. Tanner that he was part of the written correspondence received in opposition to the application. Sam Cook shared that he owns two lots in the northwest corner of the business park and purchased the lots relying on the area remaining a commercial park. He worries (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org about property values and traffic since the single access already creates a problem. He supports the project, just not inside the business park. He noted a lack of marketing in the last five years and a huge demand for commercial property in Rexburg. Written Correspondence: Sam Cook, Bill Tanner, Aaron Marcum – Alan verified commissioners had read this letter. Claudeen Hill – Vince read this letter into the record. Rebuttal: John spoke to the past marketing efforts, the traffic being less with townhomes than a commercial building and reiterated that he is asking for medium density to be closer to the property lines. Chairperson Smith closed the public input portion of the hearing at 7:00 pm. At Attorney Rammell’s request, Sally clarified that the application is for the comprehensive plan change and use of the land, not any specific project. 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: The group discussed the maximum density of potential projects, with Alan noting that parking is a limiting factor for any project. Discussion moved on to surrounding designations of Commercial and Intermediate Residential as well as the nearby uses of commercial and residential. The High Density Residential 1 zone in the Intermediate Residential designation was pointed out. Aaron gave an example of a similar situation in the Dallas area where there was an overabundance of retail zoned land that sat for decades, then the market changed, the land was rezoned and townhomes came in. He shared he is looking at the rezone request as a mixed-use concept, which is current and common, and since the townhomes adjacent are working with the existing use, he can empathize with continuing. McKay brought up the zone being a step down, but noted this is area is more complicated and it may be more difficult, from a property management standpoint, to get all of the units sold. Brian likes the idea of residential housing but wondered if the residential aspect would push the businesses out of the park and shared that it didn’t quite seem to fit. Sally commented that Aaron’s example makes sense, the zone is a step down, the lots have sat for a long time, there is definitely a demand for medium density housing, and if done right, (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org the businesses could gain clients. The group discussed similar areas where residential is next to commercial. Vince commented on losing commercial property and Sally added that over the last 20 years every market condition has been seen. Jim talked about the step down in zones being backwards in this case. Vanessa pointed out that it is an awkward area for a business park where it doesn’t receive drive by traffic. Vince countered that there are successful businesses in the park that don’t require drive by traffic. Aaron stated he was very comfortable with the mixed-use concept, that it would bring value to the vacant land, and increase the activity in the area. MOTION: Motion to recommend City Council approve the Comprehensive Plan map change from Commercial to Intermediate Residential to help spur development in this area because the adjacent Comprehensive Plan uses fit with the request. Action: Approve, Moved by Aaron Richards, Seconded by Vanessa Johnson. Commissioner Discussion on the Motion: Vince reiterated that this motion is for the comprehensive plan map change only. VOTE: Motion carried. (Summary: Yes= 5, No= 3, Abstain = 0). Yes: Vince Haley (Vice Chair), Sally Smith (Chairperson), Aaron Richards, Jim Lawrence, Vanessa Johnson No: McKay Francis, Todd Marx, Brian Thackeray Abstain: Attorney Rammell asked the Commission to clarify the motion and revote, in doing so the second was updated from Todd Marx to Vanessa Johnson. McKay Francis, Todd Marx, Brian Thackeray maintained their vote against the motion. 5. Public Hearing – (24-00612) Bagley – Rezone from Community Business Center (CBC) to Medium Density Residential 1 (MDR1) – Located at approximately 312 & 316 Grand Loop, the application is to change the zoning of approximately 1.24 acres from Community Business Center (CBC) to Medium Density Residential 1 (MDR1). – John Bagley (Action) Presentation: John stated that the previous presentation applied to this application as well. Alan indicated that the request is to change the zoning from Community Business Center (CBC) to Medium Density Residential 1 (MDR1), which would allow 16 units per acre, if the project can make (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org the setbacks and parking work. He reported that staff has reviewed and approved the request and added that the stoplight at Trejo and Yellowstone will alleviate traffic challenges. McKay inquired about the parking requirements. Alan answered 2 spaces per unit would be required. Sally commented that the lots are very small. Alan acknowledged that the setbacks, and frontage requirements would be detrimental to hitting a higher number of units. Chairperson Smith opened the public input portion of the hearing at 7:22 pm. Favor: none Neutral: none Opposed: Sam Cook identified two lots owned by Aaron Marcum and shared that Mr. Marcum will be building a commercial building within the next year. He maintained that he doesn’t think the park is not developing due to commercial zoning, as there is a high demand for commercial property. William Tanner referred to his previous argument, adding that the rezone does not fit with the idea of the park. He also referenced a demand for commercial property and parties interested in the commercial lots. Claudeen Hill said she shares the previously stated concerns. She questioned the ability to put 22 units on the 2 parcels and reiterated the questions posed in her written correspondence concerning housing. Vince clarified that the Planning and Zoning Commission deals with land use. Sally added that property owners have the right to ask for a zone change. Sam Cook asked about the potential of a multi-story building containing a parking garage to build 22 units. Alan responded that the code prevents the building from being that high, and screening and parking requirements would limit the project. The group discussed the application process, including the fact that the Planning & Zoning Commission is a recommending board and will recommend either approval or denial to the City Council. Written Correspondence: previously read Rebuttal: John reiterated that townhomes would be less traffic than businesses and that he is going for low density, maybe 9-10 upscale units. Chairperson Smith closed the public input portion of the hearing at 7:36 pm. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org 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: Vince shared that during his time on the Commission, he has learned that the applicant has the right to apply for the usage of their desire and as long as it fits the criteria, it goes on to City Council for a final decision. He stated that when he is on the fence about a decision, he defaults to the applicants right to apply, and if there is nothing prohibitive, he gives the applicant the right to exercise their rights. He reviewed the MDR1 requirements, sharing that he makes his decision based on these numbers and what the next person is able to do with the property. Aaron commented that he has spent time in the business park and is comfortable with the zone change because there are already townhomes adjacent to the park and it feels like a mixed-use area. Vince countered that there is no residential in the Rexburg Business Park located north of town. Aaron retorted that it does not feel like an offensive land use and was still in support of it. Todd remarked that he was on the fence as well and decided to go against the request because it doesn’t fit. He added that it seems to go against what the Commission has been working towards during his time on the Commission. MOTION: Motion to recommend City Council approve the rezone of approximately 312 & 316 Grand Loop from Community Business Center (CBC) to Medium Density Residential 1 (MDR1) because of the proximity of residential on the south side and it doesn’t feel intrusive. Action: Approve, Moved by Vince Haley, Seconded by Sally Smith. Commissioner Discussion on the Motion: VOTE: Motion carried. (Summary: Yes= 6, No= 2, Abstain = 0). Yes: Vince Haley (Vice Chair), Sally Smith (Chairperson), Aaron Richards, Jim Lawrence, Vanessa Johnson, Brian Thackeray No: Todd Marx, McKay Francis Abstain: none 7:42pm 6. Public Hearing – (24-00657) Daycare – 100 N 5th W – CUP – The application is requesting a Conditional Use Permit to allow a daycare home based business. - Robert Gulley and Christy Swenson (Action) (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Presentation: Christy Swenson stated she manages properties for Robert Gully. She shared some history on the home in question as well as owner of the daycare, Brittnee McMinn. Christy pointed out a current daycare nearby before addressing possible concerns the neighborhood may have. Being limited to 12 children, they do not feel there will be any noticeable change in traffic since the property is located on an already busy street. The daycare will be closed on nights and weekends, which will eliminate any noise from parties. According to a public records request, no formal complaints had been made against a nearby daycare. Christy referred to the Comprehensive Plan showing an 80% increase in residential households from 2010-2020 and noted that it is hard to find daycare with most daycares having a 2-year waitlist. She indicated that the Comprehensive Plan suggests that in an Intermediate Residential area, that secondary uses of homes, such as daycares, is encouraged. She stated that having the daycare falls in line with the health and safety aspects of the Comprehensive Plan since it is a safe and appropriate place for children and capitalizes on an existing home as well as the urgent need for daycare. Brittnee McMinn is a registered nurse and started the daycare as a way to provide health and safety to children at the next level. She has all certifications and licenses, including Idaho Stars and ICCP. Alan began by stating that it has been a process for this application, and the applicants have done what is needed to meet the rules. The only way to have a daycare in a LDR2 zone was to apply for the CUP and limit the number of children to no more than twelve. He shared they have worked on an easy ingress/egress for drop off and pickup, getting written permission to use an adjacent driveway to allow vehicles to loop through rather than backing up into the road. Both the Fire Department and Building Department will need to do inspections before the daycare can open. Vince reported that there was only one written comment asking specifics of the daycare. He asked Alan to review the role of staff versus the role of the Commission. Alan replied that staff looks at parking, building safety, fire safety, and makes sure the application meets the requirements of the code, or in this case has a plan to meet all of the requirements, based on the approval of the Conditional Use Permit. McKay commented on previous daycare application and how this seemed to be a simpler process. Alan confirmed that the CUP applies to the property, not the owner, meaning if the land sold, the CUP would still be valid. The major condition is limiting the number of children to twelve. Chairperson Smith opened the public input portion of the hearing at 8:00 pm. Favor: Ariel Jensen shared the difficulty her family has faced finding an affordable and flexible daycare. She said this is a great location in the middle of town, but close to the highway, and really likes that this daycare is more of a home environment. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Abbigail Luna is currently the director of the daycare and the parent of a child who attends. She commented on the home feel of the daycare and a few of the features of the daycare. She hopes the CUP is approved for her and her child’s future. Neutral: none Opposed: none Written Correspondence: Claudia Chiddix Rebuttal: Christy asked how many written statements had been received. Alan replied only one. She spoke about how traumatizing the daycare experience can be and how this daycare is different. Chairperson Smith closed the public input portion of the hearing at 8:07 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: Vince reviewed the nearby zones and uses. He commented that 5th W is not a quiet, slow street and he has no hesitations with this application. Sally commented on the positives to allowing daycares in residential zones and thinks this is a good fit. McKay reiterated his support for the updated process of a CUP rather than a zone change. He pointed out that this is located within walking distance of an elementary school and that it makes sense that as Rexburg grows there will be a demand for childcare as parents work to meet the increase in property costs, rents, etc. MOTION: Motion to recommend City Council approve the Conditional Use Permit for the daycare at 100 N 5th W because of its proximity to town and having zoning in the area that is outside of Low Density Residential and will provide a good service to community in that area. Action: Approve, Moved by Vince Haley, Seconded by Jim Lawrence. Commissioner Discussion on the Motion: none VOTE: Motion carried (Summary: Yes= 8, No= 0, Abstain = 0). Yes: Vince Haley (Vice Chair), Todd Marx, Sally Smith (Chairperson), Aaron Richards, Jim Lawrence, McKay Francis, Vanessa Johnson, Brian Thackeray (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org No: none Abstain: none 7. Approval of the P&Z Minutes for August 8, 2024 (Action) MOTION: Motion to approve the Planning & Zoning minutes as recorded for August 8, 2024 (Action) Action: Approve, Moved by Vince Haley, Seconded by Aaron Richards. Commissioner Discussion on the Motion: none VOTE: Motion carried. (Summary: Yes = 7, No= 0, Abstain = 1). Yes: Vince Haley (Vice Chair), Todd Marx, Sally Smith (Chairperson), Aaron Richards, McKay Francis, Vanessa Johnson, Brian Thackeray No: none Abstain: Jim Lawrence Heads Up: ▫ October 3rd, 2024 o Public Hearing – Taylor Corp – Annexation o Public Hearing – 222 W 2nd N - Rezone 8. Adjourned at 8:15 PM.