HomeMy WebLinkAbout9.16.2021 P&Z Minutes
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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 6:33 pm.
Roll Call of Planning and Zoning Commissioners: Roll Call.
Present: Chairman Rory Kunz, Greg Blacker, John Bowen, Vince Haley, David Pulsipher,
Todd Marx, Aaron Richards, Jim Lawrence, Bruce Casper.
Absent: Randall Kempton, Sally Smith.
Chairman Kunz said today is his last day as a Commissioner. The Mayor will be appointing a new
Commissioner and so, a new Chairman will be needed. He will pass the gavel to the new
chairperson after one is voted on.
Commissioner Recognition: Rory Kunz – County Appointed Commissioner – Service from
03/30/15 – 9/16/21 – Mayor Merrill
Mayor Merrill said we appreciate your service as a Commissioner and your leadership as chairman.
You have done a great job. We think you deserve more than a plaque, but he joked, this is what the
budget will allow. Mayor read the plaque. He hopes Rory will continue to help improve the
community with his feedback.
A new commissioner from the county is not ready to be put in place, yet. The person who they had
lined up, could not serve at this time.
Vote on a new chairperson (action)
Chairman Kunz explained typically, in the past, the chairperson is nominated, discussion ensues,
and the group votes on the proposal. Who would be best suited to run the meetings and manage
the affairs of the Planning & Zoning Commission? He confirmed the nominee does not have to be
present at this meeting. Vince said Sally Smith is not here; he feels she would be a good
nomination. Bruce Casper seconds. David suggested Vince Haley. Chairman Kunz asked for any
other nominations. Sally and Vince have been nominated. Vince asked for points of what a
chairman should be from Rory Kunz. Rory said the truth is you want someone who can manage
people and sometimes say things they do not want to say but say what needs to be said. The
chairperson should be able to manage a meeting as well. Vince said Sally meets all these
requirements. David said he was going to say that sounds like Vince too. Both nominees would
serve admirably. A good grasp of the Development Code would be an asset as a chairperson. Good
institutional knowledge is also an important quality. John Bowen would like to nominate Aaron
Richards.
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020
Fax: 208.359.3022
www.rexburg.org
Planning & Zoning Minutes
September 16, 2021
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Sally: Bruce Casper, Aaron Richards, Greg Blacker, Vince Haley
Vince: John Bowen, David Pulsipher, Todd Marx, Jim Lawrence
Randall Kempton arrived and a revote was held. Chairman Kunz updated him on the current
vote.
Roll Call of Planning and Zoning Commissioners: Roll Call.
Present: Chairman Rory Kunz, Greg Blacker, John Bowen, Vince Haley, David Pulsipher,
Todd Marx, Aaron Richards, Jim Lawrence, Bruce Casper, Randall Kempton.
Absent: Sally Smith.
Sally: Bruce Casper, Aaron Richards, Greg Blacker, Vince Haley & John Bowen
Vince: Randall Kempton, Jim Lawrence, David Pulsipher, Todd Marx
Minutes:
Planning and Zoning meeting September 2, 2021 (action)
MOTION: Move to accept the Planning & Zoning minutes for September 2, 2021, as
recorded., Action: Approve, Moved by David Pulsipher, Seconded by Todd Marx.
Commissioner Discussion on the Motion: None
VOTE: Motion passed (summary: Yes = 7, No = 0, Abstain = 3).
Yes: Aaron Richards, Bruce Casper, David Pulsipher, Greg Blacker, John Bowen, Todd
Marx, Randall Kempton.
Abstain: Chairman Rory Kunz, Jim Lawrence, Vince Haley.
Public Hearings:
1. 6:35PM (21-00623) Rexburg 32 at approximately 2331 W 2000 S – Comprehensive Plan
Map Change from Rural to Commercial/Mixed Use (action) – Caden Fuhriman
Staff Report: Alan Parkinson – He said it is been an honor to attend these meetings and
have Chairman Kunz lead them. Chairman Kunz has done a great job and it has been a
pleasure to work with you.
This property is located out by Wake Lake. The church house on 2000 S was identified. On
an adjacent north east corner of the proposal is Motel 6. At this point, the zone request and
the Comprehensive Plan do not match. David Pulsipher confirmed only part of the
property needs to be rezoned tonight. The front part of the parcel is already Community
Business Center (CBC) zone. Staff supports the request; it fits the needs of the development
in this part of the city. Medium-density housing has been approved as zoning on a parcel to
the immediate north. On that parcel, there is also Community Business Center (CBC) along
S 12th W. Staff recommends the application to the Commission for recommendation to City
Council.
Commissioner Questions: Chairman Kunz asked for the Comprehensive Plan and
Rezone designations of the parcel just to the south of the request. Alan answered to the
south, the parcel is designated as commercial in the Comprehensive Plan. The parcel to the
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south is zoned Community Business Center (CBC). Aaron confirmed the map shown is the
one approved by the Commissioners and City Council.
Applicant Presentation – Caden Fuhriman – 2194 Snake River Parkway – Alan pretty
much hit on all the details he would have shared. He is trying to get the Comprehensive
Plan Map to expand the commercial/mixed use designation. This designation matches the
uses to the east and the south.
Chairman opened the public input portion of the hearing at 6:51PM.
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 6:51PM.
Conflict of Interest? – Chairman 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.
Commissioner Discussion: Jim said as he looks at this on the map. The Rural piece that
we are changing puts a notch on the highway. He feels this request would be a good time to
make a more consistent corridor along the highway. Aaron agrees; he believes when the
Commission looked at the Comprehensive Plan Map, they did not look at this area closely.
The adjacent land uses to this parcel are commercial and it makes sense this parcel should
also be commercial in designation. He would support this change. Chairman Kunz also
said the requested zoning already exists on half of this lot. Vince asked Alan on 2000 S,
with the development to the north of that, will the developer have to expand the road. Alan
said a development would require the road on 2000 S to be widened. Chairman Kunz said
when Motel 6 was built at its location, they were required to widen the road on 2000 S for
their parcel to match the church. Vince said he recalls Keith, the Public Works Director,
has discussed some hesitation with residential density in this area due to its location on the
edge of the service area. Vince asked if Staff had concern for increased traffic on this road.
Alan said the road is not heavily used. The road will be built to the current Engineering
Standards. Keith did not see problems as far as traffic. Depth of sewer may be an issue.
The developer would have to cover the cost. Vince’s only thought is we are getting close to
the buffer of residential straight to commercial. The current RV park is somewhat is a
commercial use. He doesn’t think there will be much of a problem adding more commercial
to this area.
MOTION: Motion to recommend to City Council to approve the Comprehensive
Plan Map change for Rexburg 32 at approximately 2331 W 2000 S from Rural to
Commercial/Mixed Use, because it will form on the Comprehensive Map a good
commercial corridor along Highway20., Action: Approve, Moved by Jim Lawrence,
Seconded by Aaron Richards.
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Commissioner Discussion on the Motion: None
VOTE: Motion carried by unanimous roll call vote (summary: Yes = 10).
Yes: Aaron Richards, Bruce Casper, Chairman Rory Kunz, David Pulsipher, Greg
Blacker, Jim Lawrence, John Bowen, Todd Marx, Vince Haley, Randall Kempton.
2. 6:40PM (21-00622) Rexburg 32 at approximately 2331 W 2000 S – Rezone portion
of parcel that is Low-Density Residential 2 (LDR2) to Community Business Center
(CBC) (action) – Caden Fuhriman
Staff Report: Alan Parkinson – The portion of this parcel along S 12th W is currently
Community Business Center (CBC). The Applicant requests the rest of the parcel zoned
Low-Density Residential 2 (LDR2) be rezoned to Community Business Center. This zoning
will make the commercial areas contiguous and match the previously approved
Comprehensive Plan recommendation. Staff has indicated this request can be serviced by
the City. Staff is recommending the request to the Commission to recommend approval to
City Council.
Commissioner Questions: Chairman Kunz requested the zoning be shown on the
overhead projector. The LDR2 parcel is the yellow area that will be rezoned. Vince wanted
to know why the parcel was split in the first place. Alan suggested there is a potential this
was an area that could have contained a road.
Applicant Presentation: None
Chairman opened the public input portion of the hearing at 6:59PM.
Favor: None
Neutral: None
Opposed: None
Written Correspondence: None
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Rebuttal: None
Chairman asked if anyone else would like to speak. He closed the public input portion
of the hearing at 6:59PM.
Conflict of Interest? – Chairman 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.
Commissioner Discussion: None
MOTION: Motion to recommend to City Council to rezone the portion of Rexburg
32 at approximately 2331 W 2000 S from Low-Density Residential 2 (LDR2) to
Community Business Center (CBC) to match the Comprehensive Plan Map and to
create a commercial corridor., 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 = 10).
Yes: Aaron Richards, Bruce Casper, Chairman Rory Kunz, David Pulsipher, Greg
Blacker, Jim Lawrence, John Bowen, Todd Marx, Vince Haley, Randall Kempton.
Vince asked Alan to provide a synopsis of the work meeting on mobile vendors. Alan said
the Commission, City Council, and vendors were invited to share input. The presentation
started with the definitions of the different types of vendors. The biggest hang-ups were
different requirements brought up with state conflicts, yet they could not point out specific
evidence to support those claims. A lot of time was spent on discussion about why the fees
are as high as they are. Generators were another topic of discussion. The meeting had to be
closed, so the City Council meeting could begin. The vendors were told to submit in writing
their input and potential solutions. Today, those vendors were contacted with a time limit to
provide input to move forward in a correct manner. People are waiting for these ordinances
to be passed or not passed to make decisions. The only two requirements added were
restrooms for seasonal vendors and the fees were increased. Other changes focused on
allowing more things you can do, more options. Politicking occurred to raise concerns.
Everyone who had a business license registered with the city received notification. Some
people showed up who were not registered in the city.
Some modifications may be made to the ordinance and republishing would have to occur.
Vince said there were enough wishes and suggestions, he was frustrated the meeting did not
move forward. He suggested those vendors write their letters, so their words could be
considered. There was a vendor who was present that did not feel she could represent other
mobile vendors. If they want their voice to be heard, they need to speak up. Vince
suggested the other vendors give their input, so their words can be verified. Ultimately, the
City and the vendors want to work together. Alan said if there are not significant changes,
the Council can untable the ordinance and vote it through. It was interesting the form-based
code had a higher impact and had no attendance. Vince said in addition, a comment was
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made that the Commissioners are not elected officials, so our concerns and input were not
important. Vince appreciates the time and input the Commissioners given. Alan feels the
Council agrees.
Tabled Items: None
Report on Projects: None
Heads Up:
October 7th Hearings:
1. (21-00621) Rexburg North – Annexation & Rezone to Community Business Center (CBC) – Three
private parcels and several city-owned parcels.
2. (21-00681) Madison Station – Trejo St – Rezone from Community Business Center (CBC) to High-
Density Residential 1 (HDR1)
Adjournment at 7:07PM