HomeMy WebLinkAbout4.01.2021 P&Z Minutes_exppdf
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City Staff and Others:
Alan Parkinson – P&Z Administrator
Tawnya Grover – P&Z Administrative Assistant
Natalie Powell – Compliance Officer
Spencer Rammell – City Attorney
5:00PM - JOINT CITY COUNCIL & PLANNING & ZONING MEETING:
Tabled Items: Comprehensive Plan Map Discussion – Alan Parkinson, City of Rexburg
Alan wanted to bring the map before the group for a few changes that need to be made. Up by Stonebridge
subdivision marked as Open Space, but part of the land is developable ground. RPR4GVR000003 and
RPRXBCA0200003 are both parcels abutting the river; the second is a gravel pit south of 7th N. These two
lots are currently designated as low-moderate density residential, but the new map shows them as Open
Space. VanderSloot has been filling in this area to allow for residential. Can we make this land low to
moderate residential like Stonebridge? In the new designations, this would be LDR1 to MDR1. The
riverway would remain as Open Space. A riverbank trail area will remain along the river way. A place
dugout for the old Walmart on the first parcel is a swampy area, making it expensive to develop due to the
backfill that would be needed.
Vince Haley arrived.
Originally, VanderSloot wanted to do a call center tucked back into his parcel, but this was a discussion
about ten (10) years ago. A lift station will go north from the end of the commercial park to service north
across the river. The City has the permits to go across the river with a sewer line. The other phases of
Stonebridge will not have to have a lift station; a city sewer line will service them. At some point, the sewer
line would need to go up through Frank VanderSloot’s property South of 7th N along the east edge of
Stonebridge. The floodplain is showing along the south and east of Stonebridge. The floodplain is in the
process of being updated with FEMA and the area affected will be significantly larger. Vince asked if there
is any other land, in the city, that is privately owned but zoned for Open Space due to the river bottoms.
Alan said he believes there are some on the west side of 12th, which are in a flood area. Low to Moderate
Residential matches the current Comprehensive Plan Map and current use for the area. Scott Johnson said
we are not going to get the area completely correct, but as long as we understand the situation, this will help
us recognize any future decisions. If we make the area Open Space, you are going to have a lot more public
push back to change it later; people try to protect Open Space. Vince said we should to enable the
landowner to develop. Mayor Merrill said the Barney Dairy Park is also in this area, which will be a large
Open Space. Alan said the park would be a draw for residential building on the south side of the river.
David asked about the southern boundary, as the parcel lines appear to go right down the center of the
river. An easement along the river will be required for trail paths. Rory identified the area for the new
Barney Dairy Park, surrounded on three sides by the river. Alan said the land is currently owned by the City
and the land will be developed into a new park. Land to the east of this parcel will have parking for the park
and a shelter area. The East Parkway Corridor also crosses through the east border of the parking lot area.
The group agreed to change the two parcels to LDR1-MDR1.
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020
Fax: 208.359.3022
www.rexburg.org
Planning & Zoning Minutes
April 1, 2021
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BEFORE AFTER
Next, the map was moved to the area around Wilcox Potato. On the map, Greg
had sent to Alan, it showed this area as Commercial, but the correct designation of
Industrial is showing. This area does not need to be changed.
The next property is around the church house on 12th and W 2000 S. Alan handed out Smith Ranch’s
proposed zoning; this application has caused him to question this area. This piece of property is coming
before the governing bodies as a rezone. Smith Ranch is asking for a rezone to MDR2. John Deere is to
the East, the Madison High School is to the North. The current Comprehensive Plan Map is showing this
parcel as Moderate to High-Density Residential on the West
and Commercial on the East. Our future map shows the
designation as LDR1-MDR1, but MDR2-HDR2 is the next
designation. How do we list this parcel? The designations
currently cut through the parcel instead of following parcel
lines as well. Do we want this kind of density this far from
town? A designation of MDR2-HDR2 would allow a high-
density away from our infrastructure. Scott said you could
give them the Comprehensive Plan Map designation, but the
zone is based on the governing bodies’ decision. Mayor
Merrill confirmed the densities for MDR1 are 16 units/acre
and MDR2 is 20 units/acre.
Vince asked about the Iron Horse development. Alan answered, Iron Horse is a current application and
they are presenting potential commercial lots on the corner of 12th W and University Blvd, kitty-corner to
RMS. There are three commercial lots along the street. Vince Haley asked where the access would be.
Access is coming off both University and S 12th W. He asked Keith if this side of the city would have a
stoplight. Keith said if a light goes in at this intersection, we are looking at cooperation with Urban
Renewal. Keith has not reviewed the Traffic Impact Study Iron Horse has submitted, however, it is looking
like a signal will need to go in. Then, as additional businesses come in, they will pay a proportionate share
of the signal; similar to the situation with the 7th N and N 2nd E signal. Todd asked about the intersection
of Highway 33 and University Blvd. The interchange will have a diverging diamond. Alan said the
BEFORE
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diamond will not affect this proposal as far as touching it, but the diamond will open up the access for this
area. The Iron Horse application will come before the changes to the Comprehensive Plan Map are
adopted. The Applicant will come before the governing bodies requesting the MDR2 zone. The
Comprehensive Plan Map will have to be changed for a portion of this parcel to the MDR2 to HDR2
designation. Alan is showing the group this application, because these are the types of situations the groups
will be facing as the MDR1 and MDR2 designations are in separate ranges.
Sally said most times people are going to shoot for the highest density. Scott said, yes, many people will
ask for the highest density, but this has not always been the case. Kristi asked about Keith’s reasoning.
Keith said the more people you push further out, the greater traffic and infrastructure are needed. The
group needs to decide where the city needs to densify. Everyone is looking for cheap ground to build on.
To get the cheaper ground, the development is going to push the growth to the boundaries of the city.
Scott said the City has been asked to look at a high-density project in Hibbard, which is not even
contiguous to the City. Alan said the request is next to our Impact Area. Scott asked the question, how
much farther do you want to see development. The goal is to densify the core of the city. Keith has the
infrastructure there already. This is why Staff struggles with higher-densities further out. Rory asked if the
lift station by the high school could service this west corridor. Keith said depending on the density, pumps
may need to be upsized and the pressure line may need to be upgraded; he explained the flow and
connectivity of the current lift stations, then the pressure line into town. A Collection Study has been
completed. The Comprehensive Plan Map was used to determine what stages would be needed. The City
really wants to limit the number of lift stations we have to put in, because they are costly. It is better,
instead of a bunch of small lift stations going in, a larger Master Plan of stations. For example, the lift
station in Summerfield allowed a much bigger catch area, then just Summerfield, so less lift stations are
needed in the area. The lift stations in this area would have to be upsized. Rory asked if there is room to
upsize the lift station. Keith said there is always room, but there is a ripple effect causing upsizing at
different points along the line. Ideally, you would grow from the city outward. Sewer and water are a single
aspect; traffic causes the need for roads to be widened.
Brad & Tisha arrived. Alan summarized the area the group is considering.
Sally said we used to have a chart that showed how much land of each designation of each we have.
We need to make sure what we want is going where we want, within reason. Do we have enough land for
each designation? Tisha said this proposal is coming before us, but as a group, we have been meeting for a
while and nowhere out there did we ever designate this area for medium-density housing. We want to see
growth in the City and it is okay for change to happen. However, we never proposed this kind of change in
this area; she is concerned. Her comment is not specific to this application. She realizes this is the cheapest
ground right now to develop at the highest density. Is this what the group was envisioning? Scott said Staff
is getting even higher density requests out in this area. There are several things to consider with
commercial; you usually look at stepping down in density before you get to LDR. Generally, what are we
looking to see develop in this area? Scott goes back and forth; sometimes the ranges work well; sometimes
he wishes there was just an LDR, an MDR, and an HDR designation. Alan said the Comprehensive Plan
Map is a planning tool and it can be adjusted.
Greg Blacker anticipated the traffic would funnel up to University Blvd. High-density may create a larger
interchange plan in a shorter amount of use time. Kristi asked about the current Comprehensive Plan.
Under the current Comprehensive Plan, the land around the church is moderate to high density residential.
The Applicant is zoned MDR1 and wants to rezone to MDR2 to increase his densities. The proposal steps
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down from the commercial to the east. Alan asked do we change the proposed designation to an MDR2-
HDR2 or do we leave it alone and have to modify later on if the application is approved. Scott said we
have a right to say we are not going to allow you to have that highest density. In that area, is MDR2 a good
fit? David confirmed the entire parcel would be changed, taking the HDR potentially all the way to the
west border of the parcel. Alan said another option could be we change the LDR2 to MDR1 and keep the
rest of the parcel in the MDR2 to HDR2; there could even be a designation overlap. Vince said when you
make the city’s plan allow the Comprehensive Plan Map designation medium to high; it is hard to justify a
lesser zone due to the small roads in this area. Scott clarified the group has every right to say on that map
there is a range and we are allowing you one of those zones within that range, regardless if that is the zone
you asked for. The situation is challenging. Vince said it is easier to go up and give more than to go down
and take away.
Alan asked Attorney Rammell for clarification on spot zoning. Attorney Rammell said when you draw a
hard line and you can specifically articulate the reason for your decision, it is not considered spot zoning.
David understood this is the reason for the ranges; the Commission is determining within the range which
zone is the best fit. A firm boundary has been established between the two medium-densities. In the
current designations, there is the overlap for medium-density designations. The Applicant’s request is a
perfect example of when the overlap might be a good fit. Brad has sat through a lot of zone changes and
Comprehensive Plan Map changes in the last two (2) years. As the Council has looked at the requests, they
have tried to look at them in the lens of where the growth is going to determine their decision. Our growth
has moved north and most cities grow to the south and west. Look at where the growth is going and make
it happen. Keith said two considerations come into play, and the first is pedestrian connectivity. This
causes us to consider the question about the growth driving sidewalks, like with Eden Apartments and Mesa
Falls. Second, if you allow the growth on the outer boundaries of the city, then you will not have the
densification at the core of your city, because no one will pay the money for that downtown land. Sprawl
occurs when you allow the growth on the outer boundaries of the city. Balances need to be considered for
each zoning request.
Attorney Rammell recalled the courts identify two kinds of spot zoning:
In 2003, Idaho Supreme Court began to speak in terms of “type one” and “type two” spot zoning.
The Court was less than clear as to what it was referring to:
(See Price, 131 Idaho at 432, 958 P.2d at 589. There are two types of “spot zoning.” Dawson
Enter., Inc. v. Blaine County, 98 Idaho 506, 514, 567 P.2d 1257, 1265 (1977).)
The Court reiterated this in 2009:
In Evans, this Court clarified that there are two types of spot zoning. The first type, referred to as
type one spot zoning, “may simply refer to a rezoning of property for a use prohibited by the
original zoning classification.” Id. “The test for whether [type one spot zoning] is valid is whether
the zone change is in accord with the comprehensive plan.” (Id. at 77, 73 P.3d at 90.) “[T]he
question of whether a zoning ordinance is ‘in accordance with’ the comprehensive plan is a
factual question which can be overturned only where the factual findings are clearly erroneous.”
Friends of Farm to Market v. Valley County, 137 Idaho 192, 200, 46 P.3d 9, 17 (2002). The second
type, referred to as type two spot zoning, “refers to a zone change that singles out a parcel of
land for use inconsistent with the permitted use in the rest of the zoning district for the benefit of
an individual property owner.” (Id. Evans v. Teton Cty., 139 Idaho 71, 76, 73 P.3d 84, 89 (2003)
(Kidwell, J.)).
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Alan said his gut tells him to leave the designation alone for now. Are we in
agreeance this parcel should be LDR1-MDR1? Scott said what is easiest for the
group to understand and visualize. Rory said his feelings from the last meeting is he
felt we had the areas ironed out, including this parcel; he thinks we stick with our
original decisions. The Open Space zone change shown tonight makes sense. The
school districts have made it difficult by putting the schools away from the city core.
Development around those schools, however, is a good thing. He feels we move
forward with the changes we have decided on. The group agrees with Rory.
Attorney Rammell explained a prominent law he has discussed with Mr. Oakey.
The Idaho Supreme Court has emphasized repeatedly:
A comprehensive plan is not a legally controlling zoning law; it serves as a guide to local
government agencies charged with making zoning decisions. The ‘in accordance with’ language
of I.C. § 67-6511 does not require zoning decisions strictly conform to the land use designations
of the comprehensive plan. However, a board of commissioners cannot ignore their
comprehensive plan when adopting or amending zoning ordinances.
Alan said Staff would get the Comprehensive Plan Map moving toward meeting.
Discussion about light poles being functional in new construction. Keith said the light poles should be
functional. People are living in the Summerfield development, the lights are up, but they do not turn on.
Rocky Mountain Power has to come in and energize the light poles.
6:30 PLANNING & ZONING MEETING:
Chairman Rory Kunz opened the meeting at 6:30 p.m.
Roll Call of Planning and Zoning Commissioners: Roll Call.
Present: Chairman Rory Kunz, Greg Blacker, Vince Haley, Kristi Anderson, David Pulsipher, Todd Marx,
Randall Kempton, Sally Smith, Aaron Richards, Jim Lawrence.
Absent: John Bowen.
Minutes:
Planning & Zoning Meeting March 18, 2021 (action)
Aaron Richards said his correction is on bottom of pg. 4 where he is quoted as saying “He counts 26
platted lots in Stonebridge south of the current homes, and once [correction: ‘the remaining vacant land
in Stonebridge is platted’], there will be an additional 100 vehicles.”
MOTION: Motion to approve the minutes with the proposed change for March 18, 2021, as recorded,
Action: Amend, Moved by Kristi Anderson, Seconded by Randall Kempton.
Discussion on the Motion: None.
VOTE: Motion passed (summary: Yes = 7, No = 0, Abstain = 3).
AFTER
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Yes: Aaron Richards, Chairman Rory Kunz, David Pulsipher, Kristi Anderson, Randall Kempton, Todd
Marx, Vince Haley.
Abstain: Greg Blacker, Jim Lawrence, Sally Smith.
Chairman Rory Kunz reviewed the public hearing procedures.
Public Hearings:
1. 6:35PM – (21-00084) – The R Mountain Development – Rezone 20 S 12th W,
RPR6N39E260006, and RPR6N39E260007 from Low-Density Residential 2 (LDR2), Medium Density
Residential 2 (MDR2) and Community Business Center (CBC) to eliminate LDR2 and expand MDR2
and CBC zoning areas. (action) – Brent McFarland or Kurt Roland
Applicant Presentation – Brent McFarland or Kurt Roland – Jared Kay – 950 Vista – It is our
hope to take Rand Robison’s property and slide the MDR2 to the west and eliminate the LDR2, then
increase the Community Business Center. Part of the property is owned by Lana Chang. Kurt Roland
arrived.
Commissioner Questions: Kristi asked if the size of MDR2 increases. Jared Kay said the street to
the north lines up with the boundary between the MDR2 and CBC zones. About 857’ will be CBC and
725’ will be MDR2. The boundary lines up with the part of N 2162 W that runs north to south to
intersect with W Hwy 33. Vince asked how much right of way would be required. The road will be
100’ wide on S 12th W. Jared believes 75’ will go to the State for W Hwy 33. Chairman Rory Kunz
asked about the size of the property. The total area of land is 25 acres. About 18 acres is being changed
in the rezone to MDR2 and CBC. The total land zoned CBC will finally be 13.56 acres and 11.392 acres
will be MDR2.
Staff Report: Planning & Zoning – Alan Parkinson – Staff has reviewed the applicant’s proposal.
The Comprehensive Plan Map does not require a change. Infrastructure is in place and can handle this
proposal. The Applicant has been notified the ROW will have to be dedicated to the public for Hwy 33
and S 12th W. The City has adequate capacity to service these uses. Staff is recommending to the
Commission to recommend this proposal to City Council for approval.
Commissioner Questions for Staff: Aaron Richards confirmed today’s Comprehensive Plan
conforms to the proposal. Kristi Anderson identified a home on the northwest corner. Greg Blacker
identified the 100’ ROW for expansion on 12th W. Will the builder do this work? Alan answered the
developer would be responsible to build out W Hwy 33 and S 12th W along the property. Typically,
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when construction begins, the road would have to be widened where development occurs. The 100’ is
the total roadway width. Vince Haley asked with the diamond, would this interchange be affected.
Alan answered Keith has looked at this proposal and he believes there are no conflicts. Another Traffic
Impact Study is not needed; one was completed when the Rexburg West Subdivision was reviewed.
Alan said the City has visited with the Idaho Transportation Department (ITD). The speed was
requested to be reduced to 35mph for safety reasons from the northeast corner of this property and
continue down Main Street into town. Vince confirmed Main Street and 12th W is not part of the
diamond construction. Alan said the road expands as development occurs.
Conflict of Interest? - Chairman Rory Kunz asked the Commissioners if they have a conflict of
interest or if they 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. None.
Chairman Rory Kunz opened the public hearing.
Favor: None
Neutral: None
Written Correspondence: Dean Kunz – 110 S 12th W
Opposed:
Laura Echevarria – 2317 W Hwy 33 – (She originally spoke as neutral, but asked her comments
be opposed to the application.) Her concern is the property up against her home; she sees the
zone is changing from low-density residential to medium-density residential; does this mean
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apartment complexes? Chairman Rory Kunz said 20 units/acre would be allowed. The City
Development Code side-yard setback would be 6’. Vince Haley said the side yard is the greater
of 6’ or 6”:1’ of building height. Kristi said the building setback is from the property line.
Duplexes, twin homes, or 4-plexes would be allowed in the MDR2 zone. The maximum building
height would be 40’. Rory asked based on what Vince is reading, with the maximum building
height, how far the building would have to be from the property line. Vince said the side yard
setback would end up as 20’. Rear yard setback is 20’ and front yard setback is 25’ or 20’ with 7’
boulevard strip. They have lived in their home for over twenty years.
Lisa Wood – 130 N 2162 W – They live on the north side of Hwy 33. Her house is at the end of
the N 2162 W lane. Lisa and her husband like living in the country. She has a couple of
questions. She confirmed the land on the application tonight is already in city limits. What are
her chances of being annexed into the city? Chairman Rory Kunz said this has more to do with
future development than this applicant’s request and the resources needed to service the area.
Lisa sees growth heading out to her for annexation. They chose to live outside the city limits.
At some future point, if they were to become part of the city, her taxes would potentially increase.
A developer has approached their neighborhood with changes to the area. Vince Haley asked
for the city-limit line to be shown. Another thing she noticed is the city limit sign to the east of
her keeps moving closer to Lisa’s property. Rory confirmed Lisa’s objection to the applicant’s
proposal has more to do with a desire to remain outside of the city limits. The decision the group
makes tonight is based on the present application and not on possible future changes. Lisa does
not feel it is prudent to have an intersection at N 2162 W. Lisa asked about the 12th W widening;
what is the plan for the road expansion? Rory confirmed the developer would expand 12th W to
the city’s requirements. Lisa is slightly concerned about the interchange; she knows this will be
expanded. A lot of construction on this parcel will affect the interchange construction. This
proposal definitely increases the traffic in her neighborhood.
Nathan Wood – 130 N 2162 W - His biggest concern is he has a hard time with people being
stuck on his road, tearing up his yard and driveway. He lives on a private lane and is responsible
for the lane’s maintenance. Increased traffic will cause him to have more problems with
vandalism. He agrees with the comments his wife has made.
Rebuttal: Kurt Roland – Eagle Rock Engineering – 1331 Fremont Avenue, Idaho Falls –
When the construction happens on this project, the speed on Hwy 33 will be reduced from
45mph to 35mph. He assumes the lots to the north are not serviced with city water and sewer.
The lots are currently oversized and each have their own water and sewer systems. The county
road right-of-ways will not match city road right-of-ways.
Kristi Anderson asked about development of the road to the north. The connection is not to
increase traffic going to the north. Kurt said lining roads up reduces crashes and increases safety.
Accesses are limited off a major arterial for safety too. Sally Smith asked about how many
accesses onto Hwy 33. Kurt said the road at N 2162 W would be the only access onto Hwy 33.
Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input portion of
the hearing at 7:06p.m.
Commissioners Discussion: Chairman Rory Kunz said once the development is built out, the new
intersection should be able to handle the traffic going back and forth in the diverging-diamond
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intersection. The Applicant is saying there may be some inconvenience in the process, but once built
out, the roads will be able to handle the traffic flow. Vince said we currently have the medium-density
and the Community Business Center already. His concern is removing the LDR2, the effect on the
current home. Once the Commission explained to the Echavarrias what could be built on the MDR2,
Laura did not have much of a concern. He would approve the request. Randall said this is very similar
access as Rexburg West and Valley Wide. The Comprehensive Plan is planning for commercial
development, so it looks like a good fit for the area. Kristi said she was on the Commission when this
current zoning was put into place; she likes how the land is zoned currently. She likes the step-down in
zoning. There are quite a few homes along this stretch with bigger yards. At this point, she does not
know if she would deny the request. She is not sure she likes the switch. Sally Smith asked for the
zoning of Dean Kunz property, which is RR1. Rory said there is an element of noise and smell that
comes with raising cattle. Kristi asked how big the cattle operation is; it is unknown. Aaron said he
does not know how more urban this proposal could be. This is ground zero for what has been
proposed. As far as roads, Highway 33 is a state road and the State will control the adjacent
intersections. It is safer to limit curb cuts and line up intersections. He would be in support of the
Applicant. David said he has some concerns about the CBC zone moving so far to the west. The only
way this could be developed would be as a business park, pushing commercial further west and
encroaching on the residential in this area. As it is now, the step-down protects these residential areas
and keeps the commercial on N 12th W. The proposal is dooming those neighborhoods immediately to
the north to become commercial. He is on the fence as far as his vote is concerned. Rory said he would
not use the word “doomed” as this land would also see an increase in property values. David said this
proposal is an aggressive approach. Greg asked if we could limit the development with a condition for
building against the neighbor. Attorney Rammell said the application would have to be for a
Conditional Use Permit instead of a rezone. Chairman Rory Kunz addressed a lack of understanding
of the situation. The Applicant is asking to increase the medium-density and increase the commercial.
They have the ability to build-out medium-density housing and commercial properties and low-density
residential 2 housing. At this point, the Applicant is asking to shift the zoning. Kristi identified the
Comprehensive Plan map boundary does not line up with the proposal. Is the Applicant extending the
zone into an area that is not already comprehensive plan map designated to match the proposal? This
parcel has both designations on the parcel and the line is arbitrary. Attorney Rammell was consulted.
He emphasized the need to articulate the reasons for decision. Sally said there are many single-family
homes on Highway33, but she does not see demand for single-family homes along the highway for
LDR2. She does not have a problem with this zone change; this kind of growth would be good in this
area. The speed limit change would also be a benefit. She would vote to approve the application.
MOTION: Motion to recommend to City Council to approve the rezone of the 20 S 12th W
RPR6N39E260006, and RPR6N39E260007 to eliminate the LDR2 and expand the MDR2 and
CBC zoning as the zones are already in this area, the zoning is just increasing in size, and the
zones are a good fit for the area, Action: Approve, Moved by Vince Haley, Seconded by Sally
Smith.
Commission Discusses the Motion: Randall said growth is hard. He lived out in Burton for fifteen
years and he knows what happens with growth. He feels like as the growth expands outside the city, I
look at the business park. If I were there, I could have much worse neighbors. Vince knows the man
who wanted to develop this land a number of years ago. He stepped away from the development due to
the cost of the ROW. He sees four (4) acres is being given away for ROW, which is a substantial
amount of land. Vince is thinking of the benefit of having the intersection wider, which is good for the
area. He drives the intersection every day, and it is a tight intersection, especially with truck traffic.
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VOTE: Motion carried by unanimous roll call vote (summary: Yes = 10).
Yes: Aaron Richards, Chairman Rory Kunz, David Pulsipher, Greg Blacker, Jim Lawrence,
Kristi Anderson, Randall Kempton, Sally Smith, Todd Marx, Vince Haley.
2. 6:40PM – (21-00129) – 1265 Siddoway,
RP0NIBR001009A, RP0NIBR001009A, RP0NIBR0010112,
and RP0NIBR0010080 – Impact Area - Rezone from
Community Business Center (CBC) to Light Industrial (LI).
The former Thompson Paving and Valley Ag properties to the
South were recently rezoned to Light Industrial. (action) –
Thane Siddoway
Applicant Presentation – Thane Siddoway – 5237 S 2785 W
– He is the owner of the Siddoway property. He should have
come in when Valley Ag was rezoning. Wilcox to the north and Valley Ag to the south are now zoned
Light Industrial. It doesn’t make sense for him to develop something at this location commercially.
He had an extra $1700 burning a hole in his pocket and said why don’t I spend it on the City.
Commissioner Questions: None
Staff Report: Planning & Zoning – Alan Parkinson – When Valley Ag was applying for their
rezone, we approached Mr. Siddoway, and he chose not to be a part of that application. City Staff
believes this application fits this area and the applicable standards. City Staff is recommending the
Commissioners recommend to City Council to approve Mr. Siddoway’s application.
Commissioner Questions for Staff: None
Conflict of Interest? - Chairman Rory Kunz asked the Commissioners if they have a conflict of
interest or if they 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. None.
Chairman Rory Kunz reviewed the public hearing procedures.
Favor: None
Neutral: None
Opposed: None
Written Correspondence: None
Rebuttal: None
Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input portion of
the hearing at 7:27p.m.
Commissioners Discussion: Jim Lawrence said this proposal makes sense; he has no problem with
this. The property is between the railroad tracks and the highway; this is a perfect spot for Industrial.
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MOTION: Motion to recommend to City Council to approve this zone change request to
rezone 1265 Siddoway, RP0NIBR001009A, RP0NIBR001009A, RP0NIBR0010112, and
RP0NIBR0010080 in the Impact Area to Light Industrial, because the request fits the
Comprehensive Plan and the request matches the zoning for the area, Action: Approve, Moved
by Randall Kempton, Seconded by Jim Lawrence.
Commission Discusses the Motion: None
VOTE: Motion carried by unanimous roll call vote (summary: Yes = 10).
Yes: Aaron Richards, Chairman Rory Kunz, David Pulsipher, Greg Blacker, Jim Lawrence,
Kristi Anderson, Randall Kempton, Sally Smith, Todd Marx, Vince Haley.
Heads Up:
April 15th Hearings:
1. (21-00146) - 1050 N 2nd E – Simply Sodavine – CUP for Seasonal Food Sale Stand in Light
Industrial (LI) (action) – Eric & Robyn Eastin
2. (21-00147) – Birch Properties, LLC at approx. 301 S 12th W - Rezone from Rural Residential 2
(RR2) to Low-Density Residential 2 (LDR2) for approximately the east 1,3118 ft. & Medium-
Density Residential 1 (MDR1) for the remaining land to the east to the Highway 20 right-of-way.
(action) – Brent Anderson
3. (21-00079) – RECONSIDERATION - Development Code Amendment – Sign Height in
the Interchange Areas. Applicant is seeking a sign height of 70’ for signs in the interchange areas.
City Council approved a sign height of 50’ in the interchange areas on May 20, 2020 (20-00079).
(action) – Matt Berry
Sally Smith listened to the Sign Height yesterday and it was so confusing, she did not understand until the
Council went back and clarified. The vote was three for and three against. The Mayor broke the tie to
deny. Then, there was discussion about did you say this and did you say that. Then there was a rhetorical
comment that everyone went along with. She believes there was a lot of confusion. Did anyone else feel
the same way when he or she reviewed the Council meeting? Todd Marx agreed to the confusion. Aaron
Richards said the problem was the motion was a double negative. Rory said, by sending the application
back to City Council, this allows Staff to come up with some more information for the Commission to help
the Commission decide. He anticipates a larger group in attendance. Vince asked for the height of the
former Cottontree Inn, now Frontier Pies, as well as the current Sinclair station. Aaron added he would
like to know the height of the mixing unit for the Valley Ag Fertilizer Plant. Kristi confirmed Valley Ag is
in the County. Alan said he would present accurate heights for the Conoco sign and visuals showing
projected signs, their heights, and how they are affected. Vince asked when Alan says projected, can you
show a sign and measure it. GIS will be here to allow us to drive down the highway and see the signs.
David said he will have to attend the meeting remotely. He has had trouble seeing the screen through the
Live Meeting link. He will need to attend via ZOOM.
Tawnya notified the Commissioners all the requested past minutes for sign changes is available in the
Commissioners’ review folders, including the previous City Council meeting draft and last year’s minutes
when the sign height was changed from 40’ to 50’ in the interchanges.
Adjournment 7:35 PM
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