HomeMy WebLinkAbout2.20.2020 P&Z Minutes_exppdf
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City Staff and Others:
Scott Johnson – Economic Development
Stephen Zollinger – City Attorney
Natalie Powell – Compliance Officer
Tawnya Grover – P&Z Administrative Assistant
Chairman Rory Kunz opened the meeting at 6:30 p.m.
Roll Call of Planning and Zoning Commissioners:
Present: Chairman Rory Kunz, Bruce Sutherland, Steve Oakey, Kristi Anderson, David Pulsipher,
Todd Marx.
Absent: Melanie Davenport, Greg Blacker, John Bowen, Vince Haley, Keith Esplin.
Minutes:
From Planning and Zoning meeting – February 6, 2020
MOTION. Motion to approve the minutes as recorded, Action: Approve, Moved by Steve Oakey,
Seconded by Kristi Anderson.
Commission Discusses the Motion: None
VOTE. Motion passed (summary: Yes = 4, No = 0, Abstain = 2).
Yes: Chairman Rory Kunz, Kristi Anderson, Steve Oakey, Todd Marx.
Abstain: Bruce Sutherland, David Pulsipher.
Chairman Rory Kunz reviewed the public hearing procedures.
Public Hearings:
1. 6:35 p.m. - (19-00778) – 814 N Yellowstone Hwy – Comprehensive Plan Map change from
Commercial to Moderate to High Density Residential – Blue Ox Development (Aaron
Jensen). (action)
Chairman Rory Kunz asked the Commissioners if they have
any conflicts of interest or have been approached by any
parties relative to this particular subject. If you believe your
prior contact with respect to this subject has created a bias, you
should recuse yourself, otherwise at this time please indicate
the nature of your conversation or contact.
Chairman Rory Kunz opened the public input portion of the
hearing at 6:35p.m.
Staff Report: Alan Parkinson – This property is located on
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020
Fax: 208.359.3022
www.rexburg.org
Planning & Zoning Minutes
February 20, 2020
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the old highway going to Sugar City. 7th N was identified at a nearby intersection. Currently, there
are 4-plexes behind this parcel. The request is to change the Comprehensive Plan Map designation
from Commercial to Moderate to High Density Residential. Staff recommends the request based
on whether or not the Commission determines this request is in the best interest of the community.
The only conditions from Staff are storm drainage will have to be handled on site. Sewer capacity
is a little limited in this area. For this additional density in this area, there is available sewer
capacity.
Kristi Anderson noticed on the Staff Report that Public Works suggested the designation be Low
to Moderate Density Residential instead of Moderate to High Density Residential. What are Public
Works reasons for this request? Alan answered; Keith is taking in to account the Thomson Farms
property to the north that has already been zoned. Chairman Rory Kunz asked Alan to show the
Comprehensive Plan designations around this area and then the current zoning. Kristi Anderson
asked if Thomson Farms has moderate to high-density designation on the Comprehensive Map.
Thomson Farms was shown to have some commercial and some low to moderate density
residential on the Comprehensive Plan. Thomson Farms zoning was shown with Medium-Density
Residential 1 and Low Density Residential 2. Thomson Farms needs to be updated on the
Comprehensive Plan Map to match the zoning request on the Thomson Farms Planned Unit
Development. Kristi asked the applicant if he is planning for a moderate zone, does it matter if the
designation is low to moderate or moderate to high. The applicant did not have a preference as
long as the MDR1 zoning would be allowed.
David Pulsipher identified pockets on the Comprehensive Plan that will be created with the
Comprehensive Plan Map changes for the application tonight and a change with the Thomson
Farms land to bring it in to compliance with the current zoning. Stephen Zollinger communicated
due to the Comprehensive Plan Map designations of commercial and low to moderate density
residential on the Thomson Farms property, it allowed the various uses and they were not required
to change the map. This request will be coming before the Commission to match what is being
built in Thomson Farms. Why does Staff see these changes as desirable? Alan answered, the
changes at 7th N identify Yellowstone to dead end at N 2nd E, making this area a cul de sac. When
this happens, traffic will follow N 2nd E up to Thomson Farms Rd and then to Yellowstone to
access the property for this request tonight. These changes will make this area less of a high traffic
commercial area, making this more of a residential area rather than a commercial corridor.
Commercial is immediately north of Thomson Farms as well.
Steve Oakey says if the developer can make money selling his product, he is in favor of the
changes. He asked a question at the previous meeting, the city wants to maintain control for
internal roads. Why? He would like to push the city to think about these developments to
maintain their own roads. The City would have right of way in emergencies and so forth. This
would save the city money and turn the responsibility over to the developers. Developers may not
like this situation, because it would be another cost the developer would incur for his/her
customers. Steve brought this same question up during the meeting for Mitch Neibaur’s final plat
on 12th W and Hwy 33. He feels the developer should build and maintain the roads for these types
of developments for emergencies. Steve does not see any reason why this should not be a
requirement of developers in the future. A product without viable roads would have difficulty
selling their units. Steve asked if Aaron has seen in other cities, this kind of internal development
road maintenance where the roads are owned and operated by the developer. Aaron Jensen has
seen it, but usually the roads are turned over to the city. The developers will sell the 218 townhome
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units and leave the development. The HOAs do not have a great history of have sufficient
resources to do road maintenance. Commercial properties are different. Alan talked about the
roadways connecting to other roads within the city. A cul de sac may be different.
Interconnectivity with other city streets requires this kind of flow and for maintaining the quality of
the city streets. Steve suggested thinking in terms of commercial developments on dead-end roads
or cul de sacs. Aaron Jensen talked about roads where the city cannot turn their plows around and
this becomes the HOAs responsibility. He is working with the city in these areas. Chairman Rory
Kunz asked about the Sugar City sewer line that services Sugar City and Teton. The sewer line is
getting close to capacity allowing a limited amount of availability. Alan met with Keith in Public
Works. In the near future, this line will be upgraded, rebuilt and replaced. Keith is in the process
of negotiating these changes right now. It was assumed these changes would require an L.I.D, but
the City has not moved this far into the process, yet. Chairman Rory Kunz suggested this
property came before the Commission not too long ago with a similar request. Alan read the
minutes and the MDR1 designation was applied for before and the request was denied. He
remembered pedestrian traffic and Hawk lights were discussed. The changes for this road to
become a dead end road has eliminated some of the previous concerns. Keith may require a traffic
study if there is a concern.
Applicant Presentation – Staff presented for the applicant.
Chairman Rory Kunz opened the public input portion of the hearing at 6:49p.m.
Written Correspondence: None
Favor: None
Neutral: None
Opposed: None
Rebuttal: Aaron Jensen has tried to rezone this parcel to this residential use in the past. He
has no doubts relocating the intersection would affect commercial for whatever was built on
the property. He believes in the long run, this is a viable location for residential.
Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input
portion of the hearing at 6:51p.m.
Kristi Anderson approves of the request but would like the request to be for low to moderate
residential, because this matches the area and as long as it will not interfere with the applicant’s
planned project.
MOTION: Motion to recommend to City Council to change the Comprehensive Plan
Map from Commercial to Low to Moderate Density Residential because this designation is
consistent with the patterns in this area of the City., Action: Approve, Moved by Chairman
Rory Kunz, Seconded by David Pulsipher.
Commission Discusses the Motion: Todd Marx and Steve Oakey would vote against this
motion because it takes away Aaron’s rights to develop the land as he requests. He would vote in
favor of the request the applicant is proposing for his application. Steve Oakey talked about the
applicant paying about $2,000 for these requests tonight to do what he wants with his land. David
Pulsipher feels this change for Low to Moderate Density Residential range allow for a request to
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MDR1. This change on the Planning & Zoning’s part would put the requested zoning on the high
end of the Comprehensive Plan designation verses the low end. David is in favor of keeping this
area consistent with the surrounding area, reducing the patchwork or pocket effect of the plan.
Todd Marx asked the applicant if he would still be able to do his project. The applicant will still be
able to continue the request. The parking requirements will ultimately determine the density
allowed on the parcel. Steve Oakey asked if this would affect the bottom line for the applicant.
The applicant would accept either designation. David Pulsipher clarified the Comprehensive Plan
allows a range.
VOTE: Motion passed (summary: Yes = 5, No = 1, Abstain = 0).
Yes: Bruce Sutherland, Chairman Rory Kunz, David Pulsipher, Kristi Anderson, Todd
Marx.
No: Steve Oakey.
2. 6:40 p.m. - (19-00767) – 814 N Yellowstone Hwy – Rezone from Community Business
Center (CBC) to Medium Density Residential 1 (MDR1) – (Aaron Jensen). (action)
Chairman Rory Kunz opened the public input portion of
the hearing at 6:56p.m.
Staff Report: Alan Parkinson – We have reviewed this
request. Staff is recommending the change from
Community Business Center to Medium Density
Residential 1, so the applicant can meet the needs of his
application. Staff’s conditions include all storm drainage
will have to be handled on site and the City is working with
Sugar City to address the limited sewer capacity in this area.
The request matches the zoning around the proposal.
Behind this area or to the east of this parcel is a 4-plex, Medium-Density Residential 1 zoning.
More residential is anticipated in this area.
Applicant Presentation – Staff presented the proposal for the applicant.
Written Correspondence: None
Favor: None
Neutral: None
Opposed: None
Rebuttal: None
Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input
portion of the hearing at 6:59p.m.
MOTION: Motion to recommend City Council approve the change of the parcel to
MDR1 because it is consistent with the plan for the area and fits the request of the
Applicant., Action: Approve, Moved by Bruce Sutherland, Seconded by Kristi
Anderson.
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Commission Discusses the Motion: None
VOTE: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Sutherland, Chairman Rory Kunz, David Pulsipher, Kristi Anderson,
Steve Oakey, Todd Marx.
Items for Consideration: None
Heads Up:
March 5th – No hearings scheduled
March 19th –
1. (20-00076) Comprehensive Plan Map change (Thomson Farms area)
2. (20-00079) Ordinance Amendment (Sign height in interchanges)
Commissioners agree the March 5th meeting will be canceled and the board will reconvene on
March 19th.
Adjournment:
Commissioner Rory Kunz adjourned the meeting at 7:01PM.