HomeMy WebLinkAbout11.04.2021 P&Z Minutes_exppdf
1
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
Chairperson Sally Smith opened the meeting at 6:31PM.
Roll Call of Planning and Zoning Commissioners:
Present: Greg Blacker, Vince Haley (Vice Chair), Todd Marx, Randall Kempton, Sally Smith
(Chairperson), Aaron Richards, Jim Lawrence, Bruce Casper.
Absent: John Bowen, David Pulsipher.
Minutes:
Planning and Zoning meeting October 7, 2021 (action)
MOTION: Motion to approve the Planning & Zoning meeting minutes for October 7, 2021,
as recorded. Action: Approve, Moved by Randall Kempton, Seconded by Todd Marx.
Commissioner Discussion on the Motion: None
VOTE: Motion passed (summary: Yes = 7, No = 0, Abstain = 1).
Yes: Aaron Richards, Bruce Casper, Jim Lawrence, Randall Kempton, Sally Smith
(Chairperson), Todd Marx, Vince Haley (Vice Chair).
Abstain: Greg Blacker.
Discussion about the December schedule. December meeting dates for December 2nd and
December 16th. An agenda item has been scheduled for December 2nd. Informal poll – one for no
meeting on Dec. 16th. The group will decide at their November 18th, 2021, meeting. A work meeting
will be scheduled in January.
David Pulsipher arrived.
Roll Call of Planning and Zoning Commissioners:
Present: Greg Blacker, Vince Haley (Vice Chair), Todd Marx, Randall Kempton, Sally Smith
(Chairperson), Aaron Richards, Jim Lawrence, Bruce Casper, and David Pulsipher.
Absent: John Bowen.
Public Hearings:
1. 6:35PM (21-00755) Rexburg West DIV1 subdivision except Blk1 Lot 1 – Rezone from Community
Business Center (CBC) to Mixed Use (MU). Blk 1 Lot 1 is a Medical Surgery Center, which is a
permitted use in Community Business Center, but would require a Conditional Use Permit in a Mixed
Use zone. The remaining lots within this subdivision currently have no other buildings. (action) – Mitch
Neibaur
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020
Fax: 208.359.3022
www.rexburg.org
Planning & Zoning Minutes
November 4, 2021
2
Staff Report: Alan Parkinson – The parcel is currently zoned Community Business Center
(CBC). Community Business Center is designed for commercial retail. In Mixed Use (MU),
there is a minimum ten (10%) or 1,000 square feet of grade-level, whichever is greater, of
commercial. Then, there can be residences upstairs. You can go downstairs and work or
shop in those areas. A Mixed Use area should focus on a pedestrian-friendly environment.
The Applicant is requesting Mixed Use. Staff has reviewed the request. The infrastructure is
in place, and we do not see a huge impact in the demand for the built infrastructure. The
development should not anticipate a high-traffic volume. A challenge will be parking,
because this request creates a different requirement. Staff feels this area could be rezoned to
Mixed Use. They recommend the group recommend the application to City Council for
approval.
Commissioner Questions: Vince Haley asked if twin homes and townhomes would be
allowed. Alan said as long as the minimum commercial is met. The units that face Main
Street from 2nd West to 2nd East will need to have 100% commercial at grade level. The
residential portion can set back five to ten (5’-10’) feet. The commercial is set at the property
line. Eight (8’) sidewalks will be required. Vince asked for a good example of Mixed use.
Alan answered NorthPoint is the closest example in Rexburg. The Cedars is not a true fit.
Aaron confirmed the land is platted. Will any of the lots be replatted? Alan said the Plat
would function as is due to the built infrastructure. The lots would remain as is. Aaron
confirmed the parking would be worked out during the construction side of the project.
Applicant Presentation: Mitchel Neibaur –
10540 E 5600 S – The project has been in process
for a while. He showed some pictures of the
project. The project is located at the corner of 12th
W and Main Street, north of Valley Wide. An
artist’ rendition of the entrance across the street
north from Valley Wide was shown.
The project area was displayed and the Rexburg
West DIV1 subdivision plat. The roads are in, the
utilities are in, a few finishing touches are left. The hope is the lots are ready to go to market
3
after the first of the year. Mitch is pro-Rexburg.
There has been a lot of meetings with City Staff.
The State has been part of the process due to the
location on Main Street. His intent has been and
always will be, what is a good development for
Rexburg; he hopes he is doing the right thing.
He appreciates all the good participation with
Staff and the State.
Some of the things the development includes,
anticipating growth, the State has required potential for seven (7) lanes configured on Main
Street. The normal sidewalk is requirement is five (5’) feet. The City requested twelve (12’)
feet. We want this development to be built for the long-term. Six (6’) of sidewalk is built
right now. In the spring, another six (6’) feet of sidewalk will go in. In comparison, at Porter
Park, the walkway is ten (10’) feet.
Dr. Fullmer’s office and Surgery Center was shown on the corner. The intent is to make the
development attractive. He likes the idea of a community feel. Alan’s comments were spot-
on. It is a good idea to reduce the amount of driving and allow the opportunity for people to
mingle in the area they live.
4
Commissioner Questions: None
Chairperson Smith opened the public input portion of the hearing at 6:50PM.
Favor: Matt Griffith – 5569 W 6000 N– He thanked the Commissioners for tonight’s
opportunity. He grew up near this property, rounding this
corner for twenty-four years. This area is home to him. Matt
is a dentist downtown on 2nd E. A couple of years ago, he
ran into Mitch, who told him about this property for sale.
The Plat was shown. The two parcels east of Dr. Fullmer
are owned by Matt.
Dr. Bret Mooso, an orthodontist, recently purchased the
property east of Matt. He wants to invest in this property. In
discussions with Mitch, the group decided Mixed Use is a
good fit for this area. Matt loves being a dentist, but
eventually, he would like to move on and have some residual income. He wants to put
something on these two lots that are not only good for him, but also good for the city. There
is a lot of interest in the west side of Highway 20. The Mixed Use would be a great fit for
this area. He envisions people enjoying this area and that is why he is in favor of this zone
change.
Neutral: None
Opposed: None
Written Correspondence:
Rebuttal: None
5
Chairman asked if anyone else would like to speak. He closed the public input portion
of the hearing at 6:55PM.
Conflict of Interest? – Chairperson Smith 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: Greg asked how the reverse diamond will affect this
development. Alan said Mitch has met with the Idaho Transportation Department (ITD) to
make sure the development will still work when the diverging diamond is built. The
diverging diamond will finish before the propane business. Greg asked about the propane
place being a hazard to the development. Alan said the propane place meets the safety
requirements; there are no hazards Staff knows about. Jim asked if there is a restriction on
the facing of the buildings. Alan said the businesses will access internally. Aaron asked if
twelve (12’) feet of sidewalk will be required going further west. Alan said it will not be
required going west, but it will be going north. This sidewalk is part of a trail and the City
will participate in the trail development; this is the reason for the wider sidewalk. Sally asked
if the future lanes have been considered for building setbacks. She confirmed a Traffic Study
has already been conducted. Alan said we are hoping the diverging diamonds will take some
of the pressure off 2nd E, because the traffic will flow so easily.
Randall said with Mixed Use we are getting 30 units per acre. He likes this project closer to
downtown. We are trying to do these kinds of Mixed Use developments in the downtown.
Alan said we looked at this with Staff, this is like R Mountain, which is kitty-corner from
Rexburg West DIV1. The only difference is we put a section of commercial and a section of
residential right behind it. We say the density is 30 units per acre, but parking is a limiting
factor. Randall feels like Community Business Center (CBC) is the right zone for this
location. Chairperson Smith asked about the size of the lots. Randall said some of the lots
are smaller than 12,000 square feet. 12,000 square feet is the minimum size for a lot in Mixed
Use. Some of these lots are smaller. Alan answered the lots will be grandfathered, because
the development is already platted. Mitch answered that lots can be doubled or tripled up
for a single building; the organization allows a combination. In Dr. Griffith’s case there will
be three lots combined for one building.
Aaron clarified Dr. Fullmer’s lot is carved out of the proposal. Dr. Fullmer’s lot will stay
Community Business Center (CBC). The request is not for a Conditional Use Permit in
conjunction with this application.
Aaron continued, this proposal is looking to the future. In the future, commercial and
residential nodes will be needed. The fact this location is right off Main Street and right off
the freeway is a good node; it makes sense. This area is ground-zero for infrastructure. This
area will be a benefit to those living on the west side of the freeway. Vince and Randall
talked about problems for main street drivers turning left going east of town. Vince said the
site has been configured as a right-in and right-out. A left will require accessing 12th West
and progressing through the stoplight. The intersection is tight; it will need to be expanded
in the future. Randall made the comment he would like to see the expansion first. Aaron
6
said you must create the tax base to pay for the roads. Vince said we cannot deny a proposal
based on the lack of tax base in the area. Alan said the Traffic Impact Study is to determine
what is currently in place and what is needed to make sure the area can handle the traffic.
The road belongs to the State. Randall said his worry is the State is on their own timetable.
Alan said once a road meets the State’s criteria for critical, it will get moved to the front of
the line. Vince loves the idea of Mixed Use. He is envisioning a townhouse or twin home
with a Conditional Use Permit (CUP) up next to the Doctor’s offices. Alan responded
dormitory will not be allowed in this area. A Conditional Use Permit (CUP) would be
required and that would come to the Commission. The residential needs to support the
commercial. Vince said he favors the development in place of an empty field. With Alan’s
clarification, he would vote in favor of this zone change. Chairperson Smith said she is in
favor as well. Valley Wide is very successful. Randall is in favor of developing the property,
but as Community Business Center (CBC), not Mixed Use (MU). Greg likes the idea of a
place to eat, work, stay to keep the cars off the road. In Meridian, the businesses are along
the highway frontage, but developments of Mixed Use are behind those commercial
businesses. He is in favor of the proposal. Randall remembered the nodes were on our
Comprehensive Plan, but they were removed in the favor of keeping commercial center.
Chairperson Smith said what happened, is people just did not develop those nodes. The
nodes happens in larger cities. At that time, there was a Mixed Use 1 and Mixed Use 2, and
they were abused. She feels there is a good ordinance now. A person who develops, will
have to do the commercial; this is a good thing.
MOTION: Motion to recommend to City Council to approve the rezone from
Community Business Center (CBC) to Mixed Use (MU) for the Rexburg West DIV1
subdivision, except Blk 1 Lot 1, as this will provide the correct balance and mix of
retail, residential, and commercial on the West side of Highway 20 and north of Main
Street., Action: Approve, Moved by Aaron Richards, Seconded by Greg Blacker.
Commissioner Discussion on the Motion: None
VOTE: Motion passed (summary: Yes = 8, No = 1, Abstain = 0).
Yes: Aaron Richards, Bruce Casper, Greg Blacker, Jim Lawrence, Sally Smith
(Chairperson), Todd Marx, Vince Haley (Vice Chair), and David Pulsipher.
No: Randall Kempton.
Tabled Items: None
Report on Projects: None
Heads Up:
November 18th Hearings:
1. (21-00754) Rexburg West DIV2 – Annexation & Rezone to Mixed Use (MU)
2. (21-00802) Mobile Vendor – Development Code Ordinance Amendment
3. (21-00803) 328 N 2nd E – CUP for Household Good Warehousing & Storage, Truck Rental, and
related retail sales
Adjournment at 7:14PM