HomeMy WebLinkAbout8.19.2021 P&Z Minutes_exppdf
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City Staff and Others:
Alan Parkinson – P&Z Administrator
Tawnya Grover – P&Z Administrative Assistant
Kyle Baldwin – Planner 1
Natalie Powell – Compliance Officer
Spencer Rammell – Commissioner Attorney
Chairman Rory Kunz opened the meeting at 6:33PM.
Roll Call of Planning and Zoning Commissioners:
Present: Chairman Rory Kunz, Greg Blacker, Vince Haley, Todd Marx, Randall Kempton,
Sally Smith, Aaron Richards, Jim Lawrence, Bruce Casper.
Absent: John Bowen, David Pulsipher.
Minutes:
Planning and Zoning meeting August 5, 2021 (action)
MOTION: Motion to approve the Planning & Zoning minutes for the August 5, 2021, as
recorded., Action: Approve, Moved by Greg Blacker, Seconded by Todd Marx.
Commissioner Discussion on the Motion: None
VOTE: Motion passed (summary: Yes = 7, No = 0, Abstain = 2).
Yes: Aaron Richards, Bruce Casper, Chairman Rory Kunz, Greg Blacker, Sally Smith, Todd
Marx, Vince Haley.
Abstain: Jim Lawrence, Randall Kempton.
Public Hearings:
1. 6:35PM Form-Based Code – (21-00543) – Development Code Amendment – Add
Chapter 12 City-Center, Form-Based Code to the Development Code. (action) - Alan
Parkinson
Applicant Presentation: Alan Parkinson – There is a twelve (12) block section that is
called our downtown area from 2nd E to 2nd W and 1st N to 2nd S. For this area, a Code has
been developed called form-based. The focus is on how the building interact with the street,
creating an area that is more pedestrian-friendly. The forms of the building are the focus
and not on the uses. We hope this will revitalize the downtown area. Twenty-five (25%)
percent of the downtown area is off the tax rolls. With county and city cooperation, there is
a hope to combine some government uses to open downtown land for redevelopment and
add that land back on to the tax rolls. Our downtown area is set up with infrastructure, so it
is the least expensive area for the city to maintain and service. He opened the time for
Commissioner questions. The Commission has been through this document multiple times.
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020
Fax: 208.359.3022
www.rexburg.org
Planning & Zoning Minutes
August 19, 2021
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Commissioner Questions: Bruce asked if the taxes would be higher in the downtown,
why would I want to build there. Alan answered the taxes will not be higher in the
downtown. More of a building can be placed on a parcel of the downtown land, allowing a
greater revenue ability. Chairman Kunz confirmed the taxes are based on percentage of
value.
Chairman Kunz explained the public input hearing directions.
Chairman opened the public input portion of the hearing at 6:39PM.
Favor: None
Neutral: None
Opposed: None
Written Correspondence: None
Rebuttal: None
Chairman asked if anyone else would like to speak. He closed the public input portion
of the hearing at 6:40PM.
Conflict of Interest? – Chairman asked the Commissioners if they have a conflict of
interest or if they have been approached by any parties relative to this 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.
Commissioner Discussion: Aaron said the Commission has been involved in multiple
work sessions. From his experience, he is impressed with Staff and what they have put
together. The Form-Based Code is sophisticated and well-thought-out. A lot of input has
been included in this effort over multiple years. He is fully in support to move this Code
forward. Vince confirmed voting in favor of this proposal would result in adopting the
Form-Based Code as a chapter in the current Development Code.
MOTION: Recommend to City Council to add chapter 12, Form-Based Code to the
Development Code, because it meets our expectations to help the City move forward
in what we feel is a best effort., Action: Approve, Moved by Vince Haley, Seconded
by Jim Lawrence.
Commissioner Discussion on the Motion: None
VOTE: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Aaron Richards, Bruce Casper, Chairman Rory Kunz, Greg Blacker, Jim
Lawrence, Randall Kempton, Sally Smith, Todd Marx, Vince Haley.
Tabled Requests:
1. (21-00377) 525 E 7th N Parcel #RPR6N40E176600 –
Rezone from Low-Density Residential 2 (LDR2) to
Low-Density Residential 3 (LDR3). A previous
rezone request (21-00063) of Medium-Density
Residential 1 (MDR1) for this property was tabled April
7, 2021 and denied on May 5, 2021. There is an issue
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with a water ditch in this area. Tabled July 1, 2021 by owner request. (action) – Jeff
Freiberg
*Applicant is requesting this item be removed from the table.
MOTION: Motion to request the Stonebridge rezone be removed from the table,
Action: Amend, Moved by Sally Smith, Seconded by Todd Marx.
Commissioner Discussion on the Motion: None
VOTE: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Aaron Richards, Bruce Casper, Chairman Rory Kunz, Greg Blacker, Jim
Lawrence, Randall Kempton, Sally Smith, Todd Marx, Vince Haley.
Applicant Presentation: Jeff Freiberg - 946 Ox Bow Lane, IF – The request is to change
the parcel indicated in your packet from Low-Density Residential 2 (LDR2) to Low-Density
Residential 3 (LDR3). The Comprehensive Plan lists the land as Low to Moderate Density
Residential. We feel this zone change request is reasonable and request approval.
Commissioner Questions: None
Staff Report: Alan Parkinson – Staff has reviewed this request. A previous request was
for a higher density (MDR1) and the request was turned down. The Applicant has come
back with a lower density as requested by City Council. The request is for LDR3. The
request matches the Comprehensive Plan. There has been discussion on water on this
property. Alan reminded the group water should have no bearing on a rezone. In a rezone,
we are looking at the zoning to determine if the zoning meets the needs of the city. At the
time of buildings and platting, infrastructure will be reviewed by Staff. This parcel can be
serviced by water and sewer. The road on 7th N is being widened, including the building of
sidewalks, to the church house this year. Staff recommends this proposal to the
Commission for recommendation to the City Council.
Commissioner Questions: Sally asked if a traffic study has been conducted for this area.
Alan answered when 7th N was evaluated for the traffic light, a study was done. It is
possible the developer may share in the cost of this light, and if they do, the share would be
included in the applicant’s development agreement. Sally asked if the Commissioners had
seen the letter in the packet. They have read the Connect Engineering letter. Vince
confirmed the previous application was for MDR1, approved by Planning & Zoning, but
denied at City Council.
Chairman Kunz reminded the group the request is for a rezone and not a specific project.
The Commissioners should consider: Is this the direction the City should grow? And how
should the City grow?
Chairman opened the public input portion of the hearing at 6:50PM.
Favor: Jeremy Westwood – 2644 Legends Circle, IF – “I would just like to say that we feel that
this will be a great development for the community, and we hope that the Planning and Zoning Commission
will approve the zoning request.” (Read from chat.)
Neutral: None
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Opposed:
Reuben Miller – 547 E 7th N – He lives on the 3-acre parcel just north of this proposed
rezone in home built in 1976. He is representing nine people; his wife is home with his
seven children. Reuben has an easement and a right-of-way. The easement is the access or
driveway through Mr. Jeppesen’s field to the east of the applicant’s parcel. He has a right-of-
way for drainage to put overflow water to the south onto this property proposed for rezone.
Currently, the zoning north and south of this parcel into the Stonebridge area is the same
zoning, LDR2, including his home. His house does not comply with the LDR2 zoning laws.
LDR2 requires twenty (20’) of property abutting the street; he has zero feet. East of this
property and his parcel is Transitional Agriculture. There are hundreds of acres that are
flood irrigated there. With more people, there is more trash. In Rexburg, the wind blows
the trash. Trash in the fields and ditches causes problem with flooding and mowing. 7th N
at this point turns to a 50mph zone. There are tractors and combines that access these
agriculture fields. All the other houses compatible to Mr. Miller’s on this street are zoned
Rural Residential; he is not sure how his parcel’s zoning was changed. (Mr. Miller could be
referring to the homes at the end of E 7th N on the south side of the road, 1500’ feet from
his access easement.) The light on 7th N does not ever show a green arrow to turn east when
you are heading south. A flashing yellow light only allows one vehicle through at a time.
Part of the laws regarding natural gas, there is a lot of high-pressure gas in Sugar City and
coming down on 9th. There is not a connection, yet, but it is something the residents in this
area would like to have. The more densely populated areas are governed by NAHMMA
(North American Hazardous Materials Management Association) and require an ACA
survey. The less population you have, the less people you can feed. As we develop this area
with higher and higher density, it will impact the ability to service gas. No one has gas from
Stonebridge to 9th.
In the City Council meeting minutes for May 5th, it was stated the water was not an issue
being discussed at this time. It was mentioned MDR1 was not a good fit for the area and
the current, LDR2 zoning was a better fit for this area. The area by the temple and around
the college would be a better area to fill this need.
Brett Jeppesen - 1013 N 9th E – He feels there is an overload of apartments out in this area.
So much traffic, the people, the dogs, and the garbage. He cuts grain and he spent an hour
out in his field to clear the garbage to get the grain harvested. Garbage is in the ditches.
Dogs are off leashes. The west side of the church is so covered with dog feces, the children
are not allowed on that side of the church. In the fall, he will bring in his livestock. There
are starting to be dogs that are running the cattle. He would like to see nicer homes in this
area. He does not know why we must have Rexburg as the apartment capital of Idaho.
Brett does not know why we must cater to the developers who do not live in the area. He
confirmed the water issues have not been resolved. The storage units were not supposed to
flood, but they did. There were more people against this proposal but could not attend due
to COVID.
Tina Brower – 496 Woodbridge – She lives in the Stonebridge area and has lived there for
four years. She has witnessed smoking in the dry fields. She agrees with what has been said.
The people, who are buying the apartments, are transient. Please encourage a zoning that
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will encourage people to stay. Tina confirmed there is a higher density on the west side of
the church. Rexburg is a beautiful, little city. Let us not have too many apartments.
Dale Jeppesen – 1013 N 9th E – He asked if the water issue has been resolved? Chairman
Kunz said all the water entities have been notified by email and written letter. This is the
extent of the Commission’s involvement. Platting would be the time for the watermaster to
speak. He agrees with what has been said. Possibly, the ag land will be devalued.
Written Correspondence: None
Rebuttal: Jeff Freiberg – He is here on Jeremy’s behalf. The Comprehensive Plan denotes
this area as low to moderate density for this area. We feel it is an appropriate zoning for this
parcel.
Chairman asked if anyone else would like to speak. He closed the public input portion
of the hearing at 7:06PM.
Conflict of Interest? – Chairman asked the Commissioners if they have a conflict of
interest or if they have been approached by any parties relative to this 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.
Commissioner Discussion: Vince asked for the Development Code Summary. Aaron
said he looks at this situation differently because he is a developer. During development and
home construction, trash is a major issue. He has communities in Texas, where he is
constantly cleaning the waterways. Once the homes are completed, the trash situation
improves. There is a painful period. The more rooftops, the more development comes in,
there is more opportunity for natural gas to extend the service lines. The dog issue does not
have bearing on zoning. Apartments are not applicable to this request, due to the fact they
are not allowed in an LDR3 zone. He asked Alan for the size of the land. Alan answered
the parcel is seven (7) acres. Aaron said we are discussing up to seventy (70) units. When
we talk about these two zones, you are only allowed one unit per lot with a minimum of
8,000 square feet. With a duplex, a minimum lot is 10,000 square feet. In the LDR3, no
apartments are allowed, a twin home or duplex is the greatest building size. Ten (10) units
per acre is the maximum density. Chairman Kunz asked for a twin home do you have to
have more square feet than a duplex and townhome. A twin home in LDR2 requires two
lots with a total of 10,000 square feet. With LDR3, two lots are required with a total of
8,000 square feet. Alan read 4.050.070 Lot Configuration and Density: “One (1) single-family
dwelling unit may be placed on a parcel of land or lot in the LDR3 zone. No more than two (2) dwelling
units in any one (1) structure. The maximum density permitted in this district is ten (10) dwelling units per
acre. Increased density may only be achieved through an approved Planned Unit Development.” Vince
said his point is the changes from LDR2 to LDR3 are very minimal. Setbacks, permissible
lot coverage, and building height are the same. Minimum lot size is the only change.
Chairman Kunz confirmed the difference is two (2) units/acre. He asked what the
difference between LDR3 and MDR1. Alan answered MDR1 does allow apartments and a
density of sixteen (16) units per acre. A sixty (60%) percent increase over what can be done
in a LDR3. Roadways, driveways, dedicated roads, and parking will have to come out of the
seven (7) acres. Very few people meet the densities without going two stories for a duplex.
Aaron confirmed onsite detention requirements will be required at the platting process.
Alan said the developer’s job is to come in and meet all the requirements.
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Sally said she does not think we have seen the impact on 7th N to the development in this
area. People are not all going to Walmart, they are also going home. In LDR2, you are
looking at four (4) units per acre; she does not feel the differences between LDR2 and
LDR3 are minimal. She is currently not in favor of this zoning request. Another
transportation route is needed. Vince said the N 2nd E is controlled by the State due to its
classification as a State Highway. The State has their own configurations of the lights and
control. The City has no opinion of how those lights are controlled. Beyond widening the
road, he does not know how we could improve the traffic in this area to make it better other
than say no more development, we have hit our max. According to the State’s numbers, this
area has not. Sally said we have been working for over twenty years to get an alternate
route across the river. The City does have some influence on the roads. She is not
comfortable with higher density in this area until we come up with a solution.
Randall requested to see the zoning map on the overhead screen. The zoning map was
viewed by the Commissioners. Jim said as far as the traffic goes, Staff has indicated there is
enough capacity. This is not something Staff just guesses at; that is something they must
look at the numbers for in this area. Todd asked if there is a need to increase the parcel to
LDR3, because everything else around it is LDR2. Chairman Kunz said two units per acre
would be added with an LDR3. This type of zoning was better suited for the dense areas of
the downtown. If we were to make the land in a denser area of town a LDR3, instead of a
HDR1, that would drastically displace a lot of high-density units, which would require more
LDR3 zoning later. There was a news report recently, that stated Madison County is the 4th
fastest growing county in the United States based on percentage. People are coming. I
understand we must place them in an area that does not inconvenience neighbors too much,
but it needs to be within the bounds of our vision.
Greg asked when the road will be finished in this area. Alan said 7th N will be done this
year. Construction has begun by having the power lines moved. Dirt is staged and
construction on the actual road should commence as soon as the power company is finished.
Also, the City has received funding for the road across the river from Barney Dairy to 7th N.
The building of this connecting section of the East Parkway Corridor is anticipated to be
built in the next two or three years.
Greg says we are only increasing the density by fourteen (14) doors. Fourteen (14) units
with two (2) cars per unit equals twenty-eight (28) cars. He does not think this is a big
difference. He has no problem with approving this zone change. Todd agrees. Vince said
a builder could move forward with development for a LDR2 without having to come to the
Commission. A Plat will still be needed, of course. He confirmed only a few houses are
being added. Todd said the size of the property will control the development. Sally wanted
to clarify the units per acre. You must have 10,000 square feet to do a duplex. In LDR2,
you can have four (4) duplexes per acre. LDR3 requires 8,000 square feet for a duplex,
allowing five (5) duplexes per acre. Randall asked the Chairman about the transition of
zoning. Chairman Kunz said the transitional agriculture is the step down.
MOTION: Motion to recommend recommend to City Council to approve the zone
change from Low-Density Residential 2 (LDR2) to Low-Density Residential 3
(LDR3) for 525 E 7th N Parcel #RPR6N40E176600, because it fits with the
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Comprehensive Plan for expanding Rexburg., Action: Approve, Moved by Todd
Marx, Seconded by Aaron Richards.
Commissioner Discussion on the Motion: None
VOTE: Motion passed (summary: Yes = 7, No = 2, Abstain = 0).
Yes: Aaron Richards, Chairman Rory Kunz, Greg Blacker, Jim Lawrence, Randall
Kempton, Todd Marx, Vince Haley.
No: Bruce Casper, Sally Smith.
Heads Up:
September 2nd Hearings:
1. (21-00579) City-Center, Form-Based Code – Add Comp. Plan Designation with allowed
zones & Establish Comp. Plan Area on map
2. (21-00580) City-Center, Form-Based Code – Rezone to appropriate areas to match City-
Center, Form-Based Code Regulatory Map
3. (21-00582) – Remove Central Business District (CBD) – This zone was only allowed in
the downtown area and will be replaced by the City-Center, Form-Based Code
Adjournment 7:29PM