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HomeMy WebLinkAboutP&Z Minutes 10.17.24(208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Planning and Zoning Minutes - October 17, 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 6:37 PM. The meeting started late due to waiting for a quorum. Planning & Zoning Meeting: 1. Welcome 2. Pledge of Allegiance 3. ROLL CALL of Planning and Zoning Commissioners: Present: Vince Haley (Vice Chair), Todd Marx, Randall Kempton, Sally Smith (Chairperson), Vanessa Johnson, Brian Thackeray Absent: Aaron Richards, Jim Lawrence, Bruce Casper, McKay Francis, Rob Woodall Alan highlighted some of the sessions from the American Planner’s Association conference that staff attended at the beginning of October. Todd Marx joined at 6:43 4. Approval of the P&Z Minutes for October 3, 2024 (Action) MOTION: Motion to approve the Planning & Zoning minutes as recorded for October 3, 2024 (Action) Action: Approve, Moved by Randall Kempton, Seconded by Vanessa Johnson. Commissioner Discussion on the Motion: None VOTE: Motion carried. (Summary: Yes = 4, No= 0, Abstain = 2). Yes: Randall Kempton, Sally Smith (Chairperson), Vanessa Johnson, Brian Thackeray No: None Abstain: Vince Haley (Vice Chair), Todd Marx PUBLIC HEARINGS: (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org 5. Public Hearing – (24-00742) Hepworth Caretaker Residence – Conditional Use Permit – The applicant is requesting to use an existing office building, located at approximately 145 W 2nd N in a Light Industrial (LI) zone, as a residence. – Sephlin and Daric Hepworth (Action) Presentation: Alan showed the location of the property on the map and explained that the office would be converted into a house and because of the Light Industrial zone, it requires a Conditional Use Permit (CUP) to allow a residence. Sally asked if the caretaker residence would be rented. Alan clarified the applicant’s son would be living there. Vince clarified it is an allowed use but requires a CUP. Alan agreed and added that the building would need to come up to code. Chairperson Smith opened the public input portion of the hearing at 6:46 pm. Favor: none Neutral: none Opposed: none Written Correspondence: Eastern Idaho Railroad – Alan asked for the letter to be read into the record. Vince read the letter out loud. Sally asked for further explanation on the Railroad’s right-of-way. Alan explained that the request is located on private property, and the proposed caretaker residence does not encroach on the Railroad’s right-of-way. He showed the approximate right-of-way on the map. Brian asked if the opposition from the Railroad was a general concern for any land use next to the Railroad’s tracks. Alan replied that this is the first time the Railroad has responded to any land use notices. He indicated that there are other residences in town that are located closer to the tracks. Rebuttal: none Chairperson Smith closed the public input portion of the hearing at 6:52 pm. Commissioner Discussion: Randall stated that the applicant owns property and should be aware of risks, and he doesn’t see any issues with the location in regard to the railroad. He speculated the Railroad company is dotting their “I’s” and crossing their “T’s”. Vince added the Railroad company is covering their liability. Randall concluded that he does not think the Railroad’s concerns trump the owner’s property right or ability to do what they want with their properties. Sally reiterated that this is in accordance with the comprehensive plan for the area. MOTION: Motion to recommend to City Council the approval of the Conditional Use Permit (CUP) for this property for the reasons discussed: it is allowed in the Comprehensive Plan (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org and appears to be safe despite the Railroad’s concerns. Action: Approve, Moved by Randall Kempton, Seconded by Brian Thackeray. 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), Vanessa Johnson, Brian Thackeray No: none Abstain: none (video index 00:25:47) 6. Public Hearing – (24-00808) 119 W 2nd N – Rezone – Located at 119 W 2nd N, the application is to change the zoning of approximately .297 acres from Light Industrial (LI) to Low Density Residential 3 (LDR3). – Ryan and Jeff Lerwill (Action) Presentation: Ryan Lerwill presented via zoom. He began by stating this lot is also within proximity to the railroad and that there is an old historic railroad spur that runs close to the residence. He acknowledged the Railroad’s easement and shared that he believed the spur closest to the building was condemned years ago after the track caved in, and a rail car tipped over. He stated the property is currently zoned Light Industrial (LI), and doubted there could be industrial use on such a small lot. He referred to the lot being contiguous to high density zoning to the south as well as the new development in the nearby area. Ryan indicated that he feels like the highest and best use is to rezone the lot and bring the little house back to life to remove it from the blight category. Alan shared that this situation is different since the property extends across the Railroad’s right-of- way, but the applicant is aware that they cannot interfere with the railroad and cannot do anything in the Railroad’s right-of-way without the Railroad’s permission. He gave history on the lot, explaining that the previous owner was invited to rezone the property when the adjacent property to the south was rezoned residential, but the previous owner declined. Staff has anticipated this property going to a residential zoning for a while. Chairperson Smith opened the public input portion of the hearing at 6:58 pm. Favor: none Neutral: none Opposed: none Written Correspondence: Eastern Idaho RR – Vince read aloud. Based on the letter, Sally asked if the application would rezone the right-of-way. Alan confirmed that it would, but it would not affect the railroad. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Rebuttal: none Chairperson Smith closed the public input portion of the hearing at 7:01 pm. Commissioner Discussion: Vince asked to see the zoning map and the commission discussed the LDR3 zone versus matching the adjacent HDR zone. Sally commented that it is a small piece of property. Alan said a High-Density zoning would make development of the lot easier with reduced setbacks, but parking is the biggest challenge, estimating that with either residential zone the most it could support would be two units. Randall asked for the properties Comprehensive Plan designation. Alan responded Intermediate Residential. Brian inquired about the use of the stretch of railroad that goes through the property. Alan confirmed it was no longer in use and a portion of it had been removed. Randall asked if there could be any legal recourse the Railroad would have in reference to their indication in their letter that their property would be rezoned. Alan believed the Railroad is indemnifying themselves so they are not responsible for any costs if the tracks are changed. Attorney Rammell related this letter to letters received for other land use applications that warn that the author has cows, will continue to have cows, that cows smell, and that if prevented from raising cattle, it would be considered under the taking analysis. The commission discussed the Railroad’s right-of-way being part of the deeded property. Alan reiterated that the applicant knows they cannot build or do anything without the Railroad’s permission. Vince stated that from the land use purpose, the commission shouldn’t be worried about the right-of-way. Sally replied that they should make sure they’re not rezoning something that shouldn’t be. Randall clarified that he wanted it on the record for City Council to know if this could be a future legal issue. Vince commented that he would prefer the zone of this parcel to match the high-density residential zone to the south, but acknowledged that without changing the zone, the lot would not be able to be used. MOTION: Motion to recommend to City Council the approval of the rezone for the proposed property from Light Industrial (LI) to Low Density Residential 3 (LDR3) in order to make the property usable for the owners while maintaining the neighborhood and matching other similar zones in that area and because it is in accordance with the Comprehensive Plan. Action: Approve, Moved by Vince Haley, Seconded by Brian Thackeray. Commissioner Discussion on the Motion: VOTE: Motion carried. (Summary: Yes= 6, No= 0, Abstain = 0). (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Yes: Vince Haley (Vice Chair), Todd Marx, Randall Kempton, Sally Smith (Chairperson), Vanessa Johnson, Brian Thackeray No: none Abstain: none Heads Up: ▫ November 7th: possibly a plat. Alan shared that another annexation application would be coming before the Planning and Zoning Commission and showed on the map the enclaves associated with the application. 7. Adjourned at 7:12 PM.