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HomeMy WebLinkAboutP&Z Minutes 10.3.24(208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Planning and Zoning Minutes - October 3, 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 6:32 PM. Planning & Zoning Meeting: 1. Welcome 2. Pledge of Allegiance 3. ROLL CALL of Planning and Zoning Commissioners: Present: Randall Kempton, Sally Smith (Chairperson), Jim Lawrence, Bruce Casper, McKay Francis, Vanessa Johnson, Rob Woodall, Brian Thackeray Absent: Vince Haley (Vice Chair), Todd Marx, Aaron Richards, 4. Approval of the P&Z Minutes for September 19, 2024 (Action) MOTION: Motion to approve the Planning & Zoning minutes as recorded for September 19, 2024 (Action) Action: Approve, Moved by McKay Francis, Seconded by Brian Thackeray. Commissioner Discussion on the Motion: None VOTE: Motion carried. (Summary: Yes = 7, No= 0, Abstain = 1). Yes: Sally Smith (Chairperson), Jim Lawrence, Bruce Casper, McKay Francis, Vanessa Johnson, Rob Woodall, Brian Thackeray No: Abstain: Randall Kempton PUBLIC HEARINGS: 5. Public Hearing – (24-00663) Taylor Corp – Annexation – Located at approximately 360 Stationery Rd, the application is to annex the property into the City of Rexburg. – City of Rexburg (Action) Presentation: (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Natalie presented application, sharing that the business currently receives city services, and showing the location on the screen. She stated that neither the Comprehensive Plan Map nor the Zoning Map would be changed if the annexation was approved. Sally reiterated that the property was receiving city services and asked if there was a response from the property owner. Natalie confirmed that they had been receiving city services for quite some time and that despite reaching out several times, there was no response. Brian asked for clarification on the current city limits. Natalie showed the city limits on the screen and explained the border. Jim asked to see the area to be annexed on the map. Rob inquired about why this property was not previously annexed. Natalie responded that the property owner didn’t request the annexation. McKay asked about bringing the adjacent industrial properties into the city and Randall commented on this creating an island of property. The group predicted it may be a future agenda item. Brian asked if annexing this property would make them subject to Rexburg City Ordinances, property tax, etc. Natalie confirmed. Rob asked about the tax impact. Sally indicated it is typically 25% higher. Brian verified that the property owner was notified of the annexation but has not responded. Natalie confirmed that there have been no recent communications with the property owner, but that previous conversations with the property owners had made them aware that the property would eventually be annexed into the city. Attorney Rammell clarified that there are notices required by the statute and that those have been met. (video index 00:10:55) Chairperson Smith opened the public input portion of the hearing at 6:43 pm. Favor: none Neutral: none Opposed: none Written Correspondence: none Rebuttal: none Chairperson Smith closed the public input portion of the hearing at 6:44 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: Sally stated that city services have been provided to the business for a long time and feels it is time to annex them. Rob asked Attorney Rammell if the property owners could come back against the city at all, even though the city was exhaustive in trying to notify them. Attorney Rammell answered that anybody could try to come back against the city for land use applications, but Attorney Rammell, Attorney Zollinger, and staff have been involved in reviewing and processing this application and he doesn’t believe there is a legal basis to (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org challenge the annexation, since they are receiving city services. Randall explained he doesn’t see a reason to not annex the property since they are receiving city services and staff has done their due diligence. Jim agreed. MOTION: Motion to recommend City Council the approval of the annexation of the Taylor Corp property as discussed because they have been receiving city services and they are an island. Action: Approve, Moved by Randall Kempton, Seconded by Jim Lawrence. Commissioner Discussion on the Motion: During the first vote, Rob abstained from voting on the motion. Fellow commissioners asked Attorney Rammell for clarification on abstaining from voting as it had not been allowed in the past. While Attorney Rammell was confirming his answer, Natalie revisited the presentation of the application for Vanessa, who had arrived a few minutes late. Bruce discussed the location of the property relative to city limits. (video index 00:19:48) Rob asked if creating an island of not annexed property would cause any issues. Natalie replied that there are other islands currently in Rexburg, and that as they want to use city services, they would have to be annexed. Attorney Rammell clarified that unless there is a legal basis such as being absent, not understanding the process, or having a conflict of interest, a sitting member cannot abstain from voting. For clarity, Sally called again for the vote. The motion was passed unanimously. VOTE: Motion carried. (Summary: Yes= 8, No= 0, Abstain = 0). Yes: Randall Kempton, Sally Smith (Chairperson), Jim Lawrence, Bruce Casper, McKay Francis, Vanessa Johnson, Rob Woodall, Brian Thackeray No: Abstain: (video index 00:23:36) 6. Public Hearing – (24-00734) 222 W 2nd N – Rezone from Low Density Residential 2 (LDR2) to Low Density Residential 3 (LDR3) – Located at 222 W 2nd N, the application is to change the zoning of approximately .227 acres from Low Density Residential 2 (LDR2) to Low Density Residential 3 (LDR3). – Daniel Anderson (Action) Presentation: Natalie presented the application, showing the location and adjacent zones on the screen and stating that it is currently a residence. She explained that the intent of the application is to allow the home to once again be used as a duplex. Sally asked why the property was being rezoned, since duplexes are allowed in a LDR2 zone. The owner, Daniel Anderson, gave background on the property, explaining that it has been operating as a two unit duplex for many years, even prior to his (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org ownership, until he was notified last year that it was not on the city records as a legal duplex. He stated that he has been short-term renting the home, as a single family residence, but would like the flexibility to rent both units long term and was advised by Planning and Zoning that a zone change would be necessary. Sally confirmed that the Comprehensive Plan designation was Intermediate Residential, which would allow for the duplex. Daniel confirmed. The commission discussed why the duplex required a zone change. Sally speculated that the rezone may be because the home is not currently being used as a duplex. McKay asked if a Comprehensive Plan designation change would be required. Sally replied no, explaining that LDR3 is within the Intermediate Residential designation. Brian speculated that the requirement to have a manager on site for short-term rentals in the LDR2 zone may be the reason for the rezone. The commissioners discussed the lot dimensions and square footage requirements for the zone. McKay asked if staff supported this change. Natalie confirmed. Brian circled back to the intent of the application. Daniel responded that he has a buyer who would like to convert it to a duplex. Brian questioned why the zone change was needed. Sally indicated that a LDR3 zone would conform to the Comprehensive Plan. Brian expressed his discomfort with the reason for the zone change being “because the city said so”, only applying at the direction of staff. McKay explained that the property is currently under-zoned for its Comprehensive Plan designation and speculated it may be an effort to clean up the zoning. Chairperson Smith opened the public input portion of the hearing at 7:08 pm. Favor: none Neutral: none Opposed: none Written Correspondence: none Rebuttal: none Chairperson Smith closed the public input portion of the hearing at 7:09 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: McKay reviewed the requirements of the zone and reiterated that staff has reviewed the application, and it meets city requirements. Randall pointed out that the square footage requirements of the lot limit it to only containing two units, even in the LDR3 zone. MOTION: Motion to recommend City Council the approval of the rezone located at 222 W 2nd N from Low Density Residential 2 (LDR2) to Low Density Residential 3 (LDR3) as it is in accordance with the Comprehensive Plan and complies with all the Low Density Residential (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org 3 (LDR3) zone requirements. Action: Approve, Moved by McKay Francis, Seconded by Randall Kempton. Commissioner Discussion on the Motion: VOTE: Motion carried. (Summary: Yes= 8, No= 0, Abstain = 0). Yes: Randall Kempton, Sally Smith (Chairperson), Jim Lawrence, Bruce Casper, McKay Francis, Vanessa Johnson, Rob Woodall, Brian Thackeray No: Abstain: Attorney Rammell circled back to annexation statutes explaining they were updated July 1, 2024, and list the legal recourse as a judicial review. Heads Up: ▫ October 17th, 2024: ▫ Public Hearing – Hepworth Caretaker Residence - CUP ▫ Public Hearing – 119 W 2nd N - Rezone 7. Adjourned at 7:14 PM.