HomeMy WebLinkAbout6.24.2021 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/P&Z Work Meeting: Form-Based Code – Alan Parkinson. Alan has
asked Scott to lead the discussion. Scott said before you is the form-based code for the downtown, City
Center. Before beginning, he wants to remind the group about what we are doing and why we are doing it.
As Staff was reviewing elements of the city as a whole about five years ago, we began to realize that there
are some challenges in our community. One of those challenges is about fifty (50%) percent of land is off
the tax rolls, producing no revenue for the city. This is a challenge when you are trying to keep up with the
costs of growth, including the money to fix potholes. The city was broken out into districts. Staff looked at
places that should be producing revenue. The downtown, because of the densities you allow, should be
producing more revenue than any other district in the city.
Our downtown is a good downtown, but not a great downtown. The City Center is from 2nd W to 2nd E, 1st
N down to 2nd S; this is a twelve block area. Within this area, about 25% of that land is off the tax rolls.
Why? County-owned buildings, city-owned buildings, University, Federal buildings, the library, school
district buildings, and flat-surface parking are all elements affecting this percentage. Staff began asking
questions like: How can we turn this around? How can we start producing revenues? How do we create a
downtown that is meaningful and creates a sense of place? The Rexburg, City-Center District Strategic
Vision & Development Blueprint 2050 is an approved document to answer some of these questions. Scott
spoke of how this Vision document could be located online. The Blueprint is very detailed when it comes
to some of the things we are looking to do in our downtown.
The form-based code is one component that will helps us achieve this Strategic Vision. Form-based code is
not necessarily going to make the changes we want to see in the downtown on its own. Form-based code is
less concerned about use and is more concerned with how the building interacts with public space. The
group is used to making decisions on what is called Euclidean Zoning and the separation of uses. In form-
based code, there are no zones, but transects. The requirements in the form-based code increases
predictability for buildings. For example, you will have commercial on the main floor, and residential or
commercial above. We are not going to force the building to have commercial, but the main floor will have
to be built to a commercial level. If the market demand is still housing, housing can be on the main floor,
but you will build the building so that if the need for commercial comes, the building can easily transition on
the main floor from residential to commercial. This is really a call to the past; this is not a new situation.
On the front of the code is a historical picture of Rexburg’s downtown. The downtown was originally
developed with form-based and Mixed Use in mind. The shops were on the bottom, and people lived
above them. The building was built out to the public space, a build-to line. You create that environment of
a traditional downtown.
Scott called for questions. Brad Wolfe asked if parking would be located in the center of blocks. Several
comments about where parking could be located.
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020
Fax: 208.359.3022
www.rexburg.org
Planning & Zoning Minutes
June 24, 2021
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The proposed form-based code is presented to the group. You will find it is very illustrative; the pictures
tell you what you can and cannot do. Some things are very detailed. We are looking at predictability and
creating that built environment and the sense of place we are looking for. The expectation is that each of
you will take this document and highlight those things that are good, need revisions, or those you do not
understand; bring back that feedback to communicate to us. We feel like we have given you a general
understanding over the past couple of years to help you know how this will work. There are going to be
some things we need to adjust and change. If you have any general questions about the City-Center Code or
the Vision, we would be happy to answer those questions right now. Many individuals have looked at this
code: major developers, larger building companies, architects, and others.
Chris Mann said there are some big elephants in the room: the State Highway, the school district, and
BYU-Idaho owns much of the land around College Ave. Do we implement the code and build around
them to help them see the vision? Scott said we do all of it and we do it now. The City has been talking to
the county; there is no reason to have two Administration buildings. Let us put one of the buildings back
on the tax rolls. The surfaces need to be here, but we can shrink our footprint. We are hoping for
something similar with the school district. Let us think about things a little differently. If you live in the
city, your taxes are broken down to about 40% goes to the County, 27% goes to school district, 24% comes
to the city, and the rest is broken up to special districts like the cemetery, the library, etc. If we were to take
the school district property of about six acres, conservatively, we would see about a $100 million project.
This would add $500,000 annually in tax revenue they would reap annually. How we could increase the tax
base without increasing taxes? This is one of those ways. Urban Renewal taking an active role by
purchasing the majority of the land around Beehive on Center Street. This land is needed for one of our
first projects. Urban Renewal will bring in a consultant to do an analysis over the next three months to look
at housing demands, commercial demands, etc. We have builders who are interested in that project, but a
few things are needed to work through this project as outlined in the Downtown Vision.
Sally said when we started this, there was a lot of interest. What is the demand right now in the downtown?
Scott was talking to someone today that is looking at a few of those empty buildings on Main Street. Retail
Operators to Major Offices are looking at the downtown. Another request has been made for 20,000 sq. ft.
of class A office place. We do not have it. Tula Health is nationwide health group. For this particular
center they want to open, they would start employees at $22/hour as an online resource for diabetics
worldwide. Sally said we stop the City-Center at N 2nd E; what about the Mountain America Call Center?
The business would not be part of this City-Center. Do we increase the boundaries of the downtown
district? Scott said the area has been limited to try to encourage the growth in the defined area and not just
on the edges. Potentially, this area will expand as the downtown fills in. Greg asked if any district East of
N 2nd E is part of Urban Renewal? Scott said currently, near this downtown district, we do not. The
downtown district only had about seven years on it; we are looking at redoing the district. Aaron asked
about the formatting. Scott said the form-based document will be available online; you will not see a
printed copy again. Greg asked the developers’ feedback. Scott said overall the response has been positive.
Form-based codes are something they are seeing a lot of. Idaho Falls downtown has a form-based code as
well. Most of the time developers are grateful, because the form-based code is very clear. Obviously, some
of the things they have said, we have looked at and changed like how big lots should be. Sally asked about
people designing some buildings according to our form-based code; two senior BYU-I classes have
participated. A series of YouTube videos were shown, giving the group an idea for some of the possibilities.
One of the neat parts of these assignments, were the surrounding buildings were left the same to help locate
the students’ proposed project. There are probably two hours of projects to watch with a lot of variety.
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Vince asked if something like what was presented is realistic? You are hoping Urban Renewal will
spur this vision. Aaron said you could also add tax credits on top of Urban Renewal. Hemming Village
then is a similar example. Scott confirmed Market Tax Credits would apply to the downtown. He spoke
about a board he sits on for Montana, Wyoming, and Idaho.
Thoroughfare standards and frontage types are included in the review document. Vince asked about
sidewalk widths. Sidewalk width will differ based on the street. On Main Street, the sidewalk width is
twenty (20’) feet. Alan said there are some areas that can have overhangs. Along Main Street, there is a 3-
story minimum, but then the building must step back on the next level to reduce the tunnel affect. Scott
said the height restrictions go away. Use tables have few uses listed.
Feel free to call or come in to ask your questions. The time frame is about two weeks to talk with Staff to
share input until July 8th. Another work meeting will be scheduled for July 15th.
6:30PM P&Z Meeting:
Chairman Rory Kunz opened the meeting at 6:30 p.m.
Roll Call of Planning and Zoning Commissioners:
Present: Chairman Rory Kunz, Greg Blacker, Vince Haley, Todd Marx, Sally Smith, Aaron
Richards.
Absent: John Bowen, Kristi Anderson, David Pulsipher, Randall Kempton, Jim Lawrence.
Minutes:
Planning & Zoning Meeting May 6, 2021 (action)
MOTION: Motion to approve the Planning & Zoning meeting minutes for May 6, 2021, as recorded,
Action: Approve, Moved by Sally Smith, Seconded by Todd Marx.
Commissioner Discussion on the Motion: None
VOTE: Motion passed (summary: Yes = 5, No = 0, Abstain = 1).
Yes: Aaron Richards, Chairman Rory Kunz, Greg Blacker, Sally Smith, Todd Marx.
Abstain: Vince Haley.
Chairman Rory Kunz explained the public hearing procedures.
Public Hearings:
1. 6:35PM – (21-00310) – Approx. 301 S 12th W –
Rezone from Rural Residential 2 (RR2) in a step-down
approach from US Hwy 20 from Low-Density
Residential 3 (LDR3) to Low-Density Residential 2
(LDR2) and Low-Density Residential 1 (LDR1) A
previous rezone request of Low-Density Residential 2
(LDR2) and Medium-Density Residential 1 (MDR1) for this
property was denied on April 21, 2021. (action) – Brent
Anderson
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Applicant Presentation – Brent Anderson – 3355 W Legacy Hills, Morgan, Utah – Brent is here
for a rezone of the property on 12th W. His wife and her siblings met with the Mayor and Staff to
determine a proposal that met the criteria identified in the zoning hearing where a previous request was
denied. Low-density Residential 3 (LDR3) is against the freeway, stepping down to Low-density
Residential 2 (LDR2), and then Low-density Residential 1 (LDR1) moving West. We feel this will be a
good use of the property there.
Commissioner Questions: None
Staff Report: Planning & Zoning – Alan Parkinson – Alan confirmed the meeting was held with
Brent Anderson and the family. They considered the minutes from both Planning & Zoning and City
Council suggesting a reduction in density. Staff presented options and the family submitted this new
proposal. This application request fits within the Comprehensive Plan. The area can be serviced by the
city. Staff recommends this application for recommendation to City Council for approval.
Commissioner Questions for Staff: Vince Haley asked Alan to review the developers’ requirements
for road improvements on 12th W. Alan said everything on their side of the road, which would be the
East side of the road, would have to be built to city standards. This may mean moving the canal to the
East or piping the canal to ensure water access. Brent Anderson and his family will have to work with
the canal company on this issue. The road will be built out on the east side to meet the city standards.
Vince confirmed the West side of the road would not be expanded until development occurs on the
West side of the road. Alan continued; the road may reach a point requiring the road to be built-out,
which could happen independent of tonight’s proposal, based on transportation studies. Vince asked if
the developers would have to put in stubouts for city services on the side of the road where they are
developing. Alan said stubouts would be required for all platted lots the developer is requesting.
Chairman Kunz reminded the group we are looking at land use not projects. Greg asked where the
road location would be to run through the zoning requested tonight. Alan said the developer would
need to meet City Engineering Standards. The number of accesses would be determined by the Fire
Department. The type of road would determine the applicable City Engineering Standards. A Plat
would come before the Commission for deliberation.
Chairman Rory Kunz opened the public input portion of the hearing at 6:41PM.
Favor: None
Neutral: None
Opposed:
Wanless Southwick – 375 S 12th W – He is here by assignment by a group of neighbors to
present their opinion for the zoning change. He has placed a sign “Stable Country
Neighborhood” on the podium. Even before the City of Rexburg annexed our agricultural area
from Madison County in 2003, we were a stable country neighborhood. At the time of
annexation, Rexburg City designated our neighborhood as a Rural Residential zone (RR1 and
RR2 areas) for (in the words of the ordinance) “the development and protection of stable country
neighborhoods.” Subsequently, the agricultural land in our neighborhood on the east side of S
12th W street, has gradually developed into rural residential homes in accordance with the RR1
and RR2 zoning restrictions, beginning at Widdison Lane on the North and from W 1000 S
(sometimes called Burmah Road) on the South.
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The area was located on the map.
Wanless continued; this stable country neighborhood is something that is good for Rexburg.
The RR1 and RR2 zoning regulations specifically permits “agricultural resource production”,
whereas, the low, medium, and high-density residential zones do not. Rural residential lot sizes of
one or one-half acre are consistent with a stable country neighborhood’s interest in self-reliance
and home productions. That is why many of us built our homes in this neighborhood. We
believe there are many others like us who want to move to Rexburg, who are looking for a stable
country neighborhood where they can settle.
This hearing is evidence that the owners of the 25-acre horse pasture in our neighborhood are
ready to put residential housing on their parcel. We appreciate the fact that the City of Rexburg
has rejected their previous proposals in 2007, 2010, and April 2021 to increase the value of their
parcel by changing its zoning to permit crowding more residences onto the property that is
allowed under Rural Residential zoning.
We urge the Planning & Zoning Commission and the City of Rexburg to honor their
commitment they made to us to protect our country neighborhood during the development of
residential housing on the agricultural land in our neighborhood, by denying this petition to
rezone for crowded housing, keeping the Rural Residential zoning designation, and thereby
protecting this stable country neighborhood.
Tammy Geddes – 1056 Green Willow Dr – She is here on assignment as well. Thank you for
letting us come. You probably remember a lot of what was discussed last time; she does not feel
she has to restate what has been said in the previous proposal. She apologized for making the
previous meeting a weary, long meeting. This is why there will only be three representatives,
unless someone really feels passionate about saying something that has not been spoken. We are
hoping we are honoring the Commissioners’ time.
People in the audience stood to show they hope the zoning would stay Rural Residential 2. Many
of the audience members stood. These people live in homes from Widdison moving South on
12th W.
Tammy is more of a numbers person. Does Rexburg need Rural Residential 2? The zoning in
this area was shown. She tried to see how much High-density, Medium-density, Low-density, and
Rural Residential zoning there is in Rexburg in each zone. There are only three subdivisions that
have been developed as Rural Residential 2 (RR2). As Rexburg’s Family Community, do we have
enough variance of zones for people in all stages of life? We have plenty for single-students. We
have plenty for community housing. We have many starter homes. Do we have the next level,
which is out of a starter home and a person wants a little more room inside and outside. Rural
Residential 2 provides this space.
Why do people want to move here? What is Rexburg’ curb appeal? Tammy leaned on the
demographic information from the Census. She used numbers she found on a website for 2019
Census data. She wondered: Who lives here? Who owns what they live in? What are are units
looking like? For Rexburg, renters are occupying sixty-eight (68%) percent of the housing and
owners occupy thirty-two (32%) percent. For Idaho, the ratio is flipped. In Idaho, renter –
occupied thirty (30%) percent and owners occupy seventy seventy (70%) percent. She thought,
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maybe it is our area, so she checked St. Anthony and Rigby. St. Anthony was closer to the Idaho
ratios, and Rigby was almost in the middle. Is the college town making a difference? She looked
at Pocatello. Renter occupied in Pocatello was thirty-seven (37%) percent and owner-occupied
was sixty-three (63%) percent. Perhaps a larger place with a college would compare, like Provo,
and the numbers were closer. Next, she looked at Boise for Boise State. Again, owner-occupied
is a higher percentage than renter-occupied. Where is the city going? Is the focus on long-term
residents or short-term residents? She looked at the Census numbers for multi-unit and single-
unit housing. Sixty-eight (68%) percent are single-student units and single-units are only twenty-
nine (29%) percent. Idaho, Rigby and St. Anthony unit ratios have higher percentage of single-
units. Rexburg is heavy on multi-family units; we need more single-family units. This verified to
her that more of the Rural Residential 2 zoning is needed. Next, she looked at the number of
units occupied vs. the number of units that are vacant. She keeps hearing that Rexburg does not
have enough places for people to live. For the numbers, twenty-six (26%) are showing they are
vacant, which is the highest percentage across the board. Then, she looked at the stability in
Rexburg. The numbers showed forty-five (45%) percent of the people who live here, move out.
Where is our city going? It could be college students. It could be they are moving to adjoining
cities. We know our city is growing. She wanted to illustrate in real numbers, the situation, and
take some of the subjectivity out of the decision. Some of the people she represents have lived in
their home for fifty years and some have built their home in the last few years. The bottom line
is the people who live in this area love the country feel. The group is not against any kind of
development in this area, but we want to support the city planning and what they want Rexburg
to look like.
Josh South – 2130 W 440 S – As a community, it was a good experience to share their thoughts.
He tried to look at perspective. The landowners desire to get the highest and best use of their
property. The difference is their perspective for the best use of their property is different. He
recognizes that we all have our limited perspectives. This group and City Council, he hopes have
a larger perspective through the Comprehensive Plan and proposals like this one with a long-term
mindset. Many of the residents in this area would prefer to see the zoning remain as it is. If he
understands the Comprehensive Plan correctly, there is a desire to have some higher density
along Highway 20. He feels this is reasonable. Does this rezone help the city with the goals they
have? The residents want to clearly share their perspectives, so it can be heard and considered in
to aid in decision-making. Josh has not been in this area for very long. His family chose this
place for the lifestyle and pace they enjoy. He appreciates we have our freedom and our right to
share our opinions, and look at the issue from another perspective. Our trust is with the
Commission to make the decision.
Brent Harris – 1125 Widdison Ln – It has been stated there is a reason for zoning RR1 and
RR2. As he recalls, these were new designations at the time the property was annexed into the
city. He wants to say, what has changed that has negated the decision at that time? It was stated
the developer met with Staff. He feels the citizens should have been involved in deciding the
zoning, verses City Staff.
Sharee Barton – 1076 Green Willow Dr – I know we all come from different backgrounds and
different places. I come from humble beginnings. She remembers her first home she and her
husband purchased thirty-three years ago in Salt Lake City. It had two bedrooms, one bathroom,
and a single-detached, one-car garage. We thought we were in heaven, because we finally
purchased our first home. Over the years, they put all kinds of upgrades into the home - sweat
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equity; we did all the labor ourselves. Then, they were able to sell and build a little bit bigger
home as their family grew. Sharee and her husband went through this cycle one more time
before moving to their home on Green Willow Drive. They designed the home on Green
Willow Drive themselves with the intent of retiring in the home and living out the rest of their
days there. They built the home themselves with a lot of sweat equity, fulfilling their dreams. She
and her husband chose the area because of the Rural Residential zoning. It feels like a little
punch to the stomach, after working together and building up the parcel, to see apartments and
townhomes in her backyard. She encourages the Commission to maintain the integrity of the
neighborhood if possible.
Written Correspondence: None
Rebuttal: Brent Anderson – He understands the neighbors’ concerns and feelings. He believes
there were apartments along the freeway. He believes apartments are the best use along the
freeway for young people who need a place to go. The chart showing seventy-four (74%) percent
of the homes here are for renters; there is a reason. There is a shortage of places for kids to go.
People are moving everywhere. He understands people feeling half-acre and one-acre is rural.
This is not rural to him. There is a Comprehensive Plan showing a need for apartments and
places. He does not believe single-family homes are the best use along the highway.
Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input portion of
the hearing at 7:10PM.
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.
Commissioners Discussion: Vince asked the Chairman for insight. Many people referenced the
annexation of the property to the north in 2003. Do we have any need to consider this as a policy?
Chairman Kunz clarified this is in reference to the formation of Rural Residential. The
Commissioners’ job is to consider the Rural Residential and look at the community as a whole and
where we want that zoning to be. We have to take into consideration where the growth is going to go,
commercial and residential, and how that makes sense for the rest of the community. Back at the time
Rural Residential was zoned in this area, the decision-makers were using the information they had at the
time and the number of people they had at the time. When it comes to statistics, we love to use
statistics. There was no Census in 2019, so he assumes the numbers were pulled from a website for the
2015 Census. This means the numbers were applicable six years ago. We need to take into
consideration our current situation and information and take into consideration how this applies to
today, five years from now, and ten years from now. Aaron Richards clarified the property is currently
Rural Residential 2 (RR2). Today, the developer can create lots with a half-acre minimum. Alans said
the minimum lot size in LDR1 is 12,000 square feet, then LDR2 is 10,000 square feet, and LDR3 is 10
units per acre. Aaron asked for the approximate dimensions of each of the zoning areas.
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Greg said he appreciates the Birches talking to Staff and working things out. He would like to see the
land remain as RR2 with half-acre lots. This is more of how he envisions this area. When the high
school went in, some of the area changed from a stable country neighborhood. Vince thought about
that; we are not as the Planning & Zoning Commissioners in a position to be developers. We must
make a decision about what is before us and not what could come before us or what we would like to
come before us. He knows some really good people who live in Summerfield. Some people could be
threatened by Summerfield. He feels this is a very welcoming community. He does not feel like putting
something like Summerfield on this lot would harm the neighborhood. LDR1 vs. Rural Residential 2
are very similar except the lot size. Some of the twin homes and townhomes are a great benefit to this
community. The schools are in place in this area. The infrastructure is in place. There is commercial
growth both North and South of this property. He was definitely against the MDR. At this point, he
does not feel he has heard an argument that would cause him to deny this proposal. He does not feel
the neighborhood will be changed out of a country feel. Sally spoke about a lack of single-family
housing in the area. The LDR will lead to single-family homes, which is what is nice in your
neighborhood. We probably all agree the LDR3 against Highway 20 is a good use there. She wants to
speak to the chart and the comparison to other areas. Over half of our population is students, so we are
going to have a lot more rental properties than the other, bigger cities. Boise State is such a small part
of Boise. BYU-Idaho is such a big part of our community. She believes this is a good proposal for this
area; she likes the density. Greg sees the other Commissioners’ points. When Summerfield was built,
an addition was needed to Burton Elementary School. A lot more development has been planned in
that subdivision. With half-acre parcels, this would be fifty (50) homes; he believes that is enough for
that area and the road. Chairman Kunz said there is more to the growth for Burton Elementary than
the Summerfield Subdivision. If we are making our decision on that principle, we need to have all the
information. Aaron said looking at the dimensions of the property for each zone does increase the
density. Does it fit with the area? He encourages the group to study the Comprehensive Plan. He feels
the LDR3 against Highway 20 is appropriate. The Applicant has met the request for what was
presented to them to come back with a lesser density. This would fit with the Comprehensive Plan, the
growth in the area, and the ability of the facilities to service the area. Todd said he sympathizes with
those who want to keep the property rural. He agrees with Vince, the MDR was too much. He feels
this approval better fits with the Comprehensive Plan. He would be for this application.
MOTION: Motion to recommend City Council approve the rezone of approximately 301 S 12th
W from Rural Residential 2 (RR2) to Low-Density Residential 3 (LDR3) for approximately 264’
from the Highway 20 right-of-way moving West to Low-Density Residential 2 (LDR2) for 660’,
and Low-Density Residential 1 (LDR1) for the remainder of land to S 12th W because the request
matches the objectives of the Comprehensive Plan, it is appropriate for the growth in the area,
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and the city has the infrastructure to service the request., Action: Approve, Moved by Aaron
Richards, Seconded by Todd Marx.
Commission Discusses the Motion: None
VOTE: Vote: Motion passed (summary: Yes = 5, No = 1, Abstain = 0).
Yes: Aaron Richards, Chairman Rory Kunz, Sally Smith, Todd Marx, Vince Haley.
No: Greg Blacker.
The City Council meeting will not be a public hearing. Those interested can submit written input. City
Council members cannot speak about the application with the community outside of the meeting.
2. 6:40PM – (21-00177) – Teton River Flats – 280
Lorene St – Planned Unit Development (PUD) Plat –
The Applicant is seeking to increase the density for the
zone with application of bonus points and reduce the
setbacks for a few of the buildings required by the current
zone of Medium-Density Residential 2 (MDR2) (action) –
Bron Leatham
Applicant Presentation – Bron Leatham – 2535
Littletown Dr – Teton River Flats Planned Unit
Development is being presented. He is hoping to get it
approved to start closing loans on the units. This lot used to be zoned Community Business Center
(CBC), and just a couple of years ago the commercial property with others around it were rezoned to
Medium-Density Residential (MDR). Many of the units area under construction. Many of the units are
already sold. The reason he requested the Planned Unit Development (PUD) to take advantage of the
bonus density. He did not maximize that bonus density, because he wanted to include a park. Some
leniency was requested on setbacks to break up the buildings, so that they are not all in a straight line
along Lorene. He has submitted what he is proposing to get the bonus density. He feels like he will get
the bonus density with the enhancements he has included. Bron feels this is a good project; there is a
lot of demand for these types of units.
Commissioner Questions: Chairman Kunz asked where in the development is the increased density.
Bron answered the development as a whole increased about four (4) units. He originally had an
additional eight (8) units he was seeking. The development was going to be a little too crowded. Aaron
clarified the increased density meant four units; one extra building.
Vince asked to address the developer, how many units are presold? Sixty (60) of the ninety-two (92)
units are presold. Twenty-four (24) units are framed. Bron said he has developed higher-density
housing. He has never had a vacancy. A lot is hitting the market. Rents are going up. The demand on
these units for the investors. $175,000. Developers are trying to feed the market needs.
Staff Report: Planning & Zoning – Alan Parkinson – The Applicant is requesting a Planned Unit
Development (PUD). The PUD requires the Applicant to go through some additional steps to gain the
additional units. The normal density for the Medium-density Residential 2 (MDR2) zone is 20
units/acre. The maximum capability is reached by going through the applicant’s bonus point scoring
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sheet. The developer could be seeking a maximum of 26 units/acre. The Applicant did not want to
increase his project to the maximum allowed density, even though he had qualified to go to the full 26
units/acre. The infrastructure is in place. The buildings are currently being built. The question that has
come up is how are they building without a Plat. Everything can be built until the last few buildings
under a single ownership. His last buildings cannot be built until this PUD is approved. He cannot sell
the units until they are platted, but could rent the units. There is still an issue with the irrigation ditch
coming south from Centennial Townhomes. The Applicant has shown the irrigation ditch can be
resolved either way the canal company decides the outcome. An instrument of recording for the canal
company resolution will have to be on the Plat. Staff recommends the Commission recommend
approval by City Council.
Commissioner Questions for Staff: Vince asked what are the means for making sure the canal issue
is accomplished. Alan said once the instrument is in place, there has to be an agreement on the north
side of that ditch that identifies how the issue will be resolved. Alan said Bron has to show how he will
handle the result of the irrigation ditch possible outcomes. This will be recorded on the Plat.
Vince was granted permission to address Bron out of order. How many of the units are pre-sold. Bron
said sixty (60) of the ninety-two (92) units are pre-sold. Vince asked are the thirty-two (32) units still
available to be sold? Bron answered only twenty-four (24) of those units are framed up. It is trying to
get the units built fast enough. Vince confirmed as soon as the units are available, they are sold. Bron
said he is pre-sold through seven or eight more buildings and he is just trying to get foundations in. He
has developed over two hundred units of the highest-density units in married, community housing.
There has not been a vacancy; not for three days. There are many units hitting the market. Rents are
going up. Thankfully, so money can be made at developing someday. The demand on these units are
two bed, one-bath units selling for $950 and this is still below the market. You have to build what
people can afford to live in. You have to build units people want to live in. This is the cheapest thing in
Rexburg and it is still $175,000 and is very expensive to build. Developers are typically trying to meet
the market; they are not trying to hurt a community. Rexburg still needs a lot of housing.
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: Neil Erickson – 679 Mill Stream - He appreciates Mr. Leatham putting in the
amenities he is; it shows he cares about the community. He appreciates he is putting in needed
housing for Rexburg. He has a couple of questions: 1) Are the people purchasing them to live in
them or to rent them out? 2) Water Issue – there has been a flood the last two days. This is a big
problem. There was a flood behind the church house and the apartments along Highway 33.
The storage units were flooded by Highway 33. It is all because we allowed the builder on Hope
Street to build over the canals. Now there is a problem. As much as he would like to put value
in what has been said, he questions it because of the problems that have occurred in the past. He
would like to have that addressed.
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Tammy Bagley – 623 Stonebridge – She is concerned; she does not understand the map in its
entirety. It looks like these units border her back yard. Is there something behind the
apartments? Someone told her to be prepared to make sure the street originally goes in.
Stonebridge currently has two (2) exits. There is supposed to be a third exit on the west side of
the Stonebridge development. We are concerned about as the apartments go in – the sound
introduced to the neighborhood. She is imagining three different people blaring their music in
her back yard. Could a sound barrier be put in to protect the Stonebridge neighborhood?
Opposed: None
Written Correspondence: None
Rebuttal: Bron Leatham – This is a condominium project. For lending reasons, you are limited
to which is limited to fifty (50%) investor-owned. Otherwise, you cannot finance them. The
investor-owned units sold in ten (10) days for the whole project; there is a lot of demand. Many
of these units are locally owned, who want to own a part of the community. Half of the project
will be investor-owned and the other half will be owner-occupied. Often, mom and dad will buy
four units and the kids will occupy one unit, while renting a couple of the units. The ratio will
change over time. There will be a condominium association that maintains everything, including
the grounds. He wants to be cognizant of potential problems. For example, if there was forty-six
different property owners. The H.O.A. will have to approve the property management
companies. The individual owners will not be allowed to manage their own properties; they are
managed by the H.O.A. that will eventually be comprised of owners. Limitations on short-term
rentals have been place in the deed restrictions.
Two years ago, Bron met with Roger Muir, Lee Munns, and Connect Engineering for Cal
Kunkel’s property, the Centennial Townhomes regarding the canal issue. There are seven people
on the board and most of the people on that board are not concerned about this situation. A few
are, and they worry about what will happen if they forget to turn the water off; this is the only
purpose for the ditches south of the Kunkel property. The ditches going South do not irrigate
anything. As to what happened with Centennial Townhomes, he does not know. The gist of the
meeting was if you worry about the water situation, then turn your water off. He believes they
are working on a solution. The property he has and the Grover property the north have not used
the ditch in the last ten years. There are still culverts that go under the road, but there is no
connectivity. We are all signing a letter that say we have no interest in an irrigation ditch. The
real solution is being worked out with Miller. Unfortunately, Bron is being tied to this problem.
The Canal District is being required to sign the Plats. Bron said what they are trying to do is on
Centennial Phase 2 , the excess water would run into their detention basin. If the farmer does
not turn the water off, eventually, someone is going to get flooded.
As to Tammy Bagley’s concern about connectivity. Higley owns the remaining land to the South
of Stonebridge Subdivision that is platted. He has talked to Higley about purchasing the
property; they have not shown any interest in developing right now. A connection is shown on
the Plat. The property between Teton River Flats and Stonebridge is not being developed. The
four-acre parcel is owned by Dorion, and based on conversations with him; he is not planning to
develop right now. Dorion developed the Kenneth Square Condos. The Grover family sold the
land to the north of Teton River Flats to Mike Wade. If I were your neighborhood, I would be
talking to Dorion about solutions to ensure reduced density up against the Stonebridge
subdivision with a minimum fence. Infrastructure and utilities are stubbed to the northeast
corner of the Teton River property. We will end up looping it, because Bron believes it comes
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down Carlow as well. He will build Lorene to Carlow on the South side of the road. If Dorion
develops, Carlow will most likely continue South to make the connection to the third Stonebridge
access. The sound barrier is a non-issue. Bron appreciates the process; he talked a lot to the
Stonebridge neighborhood a year or two ago. Alan said the city would pick up any additional
width greater than the half of the road to make it a usable half and maintain the road.
Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input portion of
the hearing at 7:41 PM.
Commissioners Discussion: Vince does not see any reason to reject the application.
MOTION: Motion to recommend City Council approve the Teton River Flats PUD for 280
Lorene Street, because it is an improvement for the area from the commercial to the
residential., Action: Approve, Moved by Vince Haley, Seconded by Aaron Richards.
Commission Discusses the Motion: None
VOTE: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Aaron Richards, Chairman Rory Kunz, Greg Blacker, Sally Smith, Todd Marx, Vince
Haley.
Items for Consideration:
1. (21-00080) – Iron Horse DIV1 Plat – 1076 S 12th W
(action) – Caden Fuhriman
Caden Fuhriman – 494 Snake River Parkway, Idaho Falls –
Plat for Iron Horse DIV1 on the southwest corner of University
Blvd and S 12th W; kitty corner to Rexburg Motor Sports; south
west of Madison High School. The development will change the
agriculture land to commercial property. They have been working
extensively with City Staff with the Development Agreement and
Improvement Drawings, etc. The roads will be widened along
each of the borders. The proposal is for six (6) lots.
Commissioner Questions: None
Staff Report – Alan Parkinson - The Plat matches the requirements of the commercial zone. The Plat meets
the requirements of the Comprehensive Plan. Infrastructure is available for the demand placed here for roads,
sewer, and water. We have no reservation recommending to the Commission to recommend to City Council for
approval.
Commissioner Questions for Staff: None
Commissioner Discussion: Sally Smith asked about ownership of the property. The property Caden
represents is twenty (20) acres. She clarified we are approving the whole Plat.
MOTION: Motion to recommend City Council approve the Iron Horse DIV1 Plat as shown, because it
fits with the Community Business Center (CBC) current zoning and Comprehensive Plan., Action:
Approve, Moved by Sally Smith, Seconded by Todd Marx.
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Commission Discusses the Motion: None
VOTE: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Aaron Richards, Chairman Rory Kunz, Greg Blacker, Sally Smith, Todd Marx, Vince Haley.
Vince asked about how long Chairman Rory Kunz will serve. Chairman Kunz will finish after the
form-based code is completed. Vince asked if Kristi is staying with us. Chairman answered she will
not be staying.
Heads Up:
July 1st Hearings:
1. Stonebridge Townhomes (21-00377) – Rezone to LDR3
Adjournment