HomeMy WebLinkAboutP&Z Minutes 3.2.231
City Staff and Others:
Alan Parkinson – P&Z Administrator
Katie Jo Saurey – P&Z Administrative Assistant
Kyle Baldwin – Planner 1
Natalie Powell – Compliance Officer
Spencer Rammell – Commissioner Attorney
Chairperson Smith opened the meeting at 6:32 PM.
Planning & Zoning Meeting:
Welcome
Pledge of Allegiance
ROLL CALL of Planning and Zoning Commissioners:
Present: Randall Kempton, Todd Marx, Sally Smith (Chairperson), Bruce Casper, Eric Erickson,
Brad Wolfe, Vanessa Johnson, McKay Francis, Aaron Richards, Jim Lawrence
Absent: Vince Haley
Minutes:
Approval of the P&Z Minutes from February 16, 2023 (Action)
MOTION: Motion to approve the Planning & Zoning minutes as recorded for February 16,
2023.
Action: Approve, Moved by Randall Kempton Seconded by Todd Marx.
Commissioner Discussion on the Motion: None
VOTE: Motion carried. (Summary: Yes = 8, No= 0, Abstain = 2).
Yes: Randall Kempton, Todd Marx, Sally Smith (Chairperson), Bruce Casper, Brad Wolfe, Vanessa
Johnson, McKay Francis, Jim Lawrence
No:
Abstain: Aaron Richards, Eric Erickson
Vince arrived at 6:34 pm.
Public Hearings:
(22-00925) Mountain West Rental and Sales CUP – Located at 127 Airport Rd
with approximately 5.54 acres. Application for Conditional Use Permit to allow for light
manufacturing in Community Business Center Zone. – Colt Grimmett
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020
Fax: 208.359.3022
www.rexburg.org
Planning & Zoning Minutes
March 2, 2023
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Alan presented the application, explaining the location since the GIS map was undergoing updates.
He explained the building is currently under construction and is Mountain West Rentals and Sales.
They will have tractors and equipment for rent and sale. They would like to do some small
innocuous manufacturing of food grade tanks in the back of the building for now, potentially asking
for a change of zone in the future to do more manufacturing. For now, the request is a permitted
use with a conditional use permit.
Bruce commented on the location. Vince questioned a zone change Alan mentioned that may
come before P&Z later on and asked if the manufacturing would be inside the building that is being
constructed now, and if the look would be similar to pioneer Equipment to the South. Alan replied
yes, it could come before P&Z later, the manufacturing will be inside the building with possibly
some storage outside, and the look would be similar to Pioneer.
Eric asked where Mountain West is located and what the company does. Alan answered they carry
Kubota tractors for sale, as well as rentals of tractors and smaller construction equipment. Eric
asked how the manufacturing request fits in with the rental and sales of industrial equipment. Alan
explained the owner does both, and wants to try to do small levels of this light manufacturing in the
back before he spends the money to expand to a full facility. Eric asked if the CUP would cover the
entire property. Alan responded that it would and that the CUP stays with the property.
McKay asked for clarification on why the applicant was asking for a CUP instead of a change in
zoning. Alan explained that Mountain West doesn’t want to change the focus of the building, right
now manufacturing is not the main focus of the business. Aaron asked if this use is allowed in the
zoning with a CUP and if the CUP limits the manufacturing to only tanks. Alan responded that the
CUP does not limit the manufacturing to strictly the tanks, but manufacturing cannot be the main
focus of the building.
Sally asked for the definition of innocuous. Alan explained that it is less intrusive, not things you
would notice. Instead of a large production with heavy truck traffic and forklifts, this would all be
contained within the building except for some storage outside. Alan stated this is nowhere near
residential and the noise will be contained inside.
Eric expressed a concern about the CUP encompassing the entire property, which would allow
them to put another building up and move the manufacturing into the other building without a zone
change. Alan stated that the Commissioners can recommend to City Council that conditions are
placed, limiting it to the existing building. Eric stated he feels that conditions need to be placed.
Alan suggested being sure to include in the condition that they are allowed to stockpile material
outside. Aaron asked if the stock pile would include only raw materials. Alan answered it would also
include finished product; that the manufacturing of the product will be done inside.
Vince asked Eric if everything was contained inside, if there would be a concern of the entire
property being under the CUP, even with multiple buildings, as long as the manufacturing was done
inside. Vince mentioned providing minimum wording and restrictions to pass on to City Council, if
the restrictions are already covered. Alan added that if they build a new building, it is no longer
small and innocuous, it becomes manufacturing.
Chairperson Smith opened the Public Hearing at 6:46 pm.
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In Favor:
Mike Glasscock – 191 Millhollow – stated he thinks this is a great idea because Rexburg needs jobs,
and this is perfect near the airport. He agrees that the surrounding businesses are similar and there
would be no bother to anyone.
Neutral: none
Against: none
Chairperson Smith closed public hearing at 6:48 pm.
Eric asked that since this is a Conditional Use Permit, what conditions will be placed on the use?
Alan answered that the condition is you are allowing them to do this on this property; just the ability
to do this is a condition, but you can add restrictions on top of that. Eric asserted there was nothing
before him that stated the use. Alan reiterated light, innocuous manufacturing. Eric is concerned
about other things happening on the property. Vince clarified that the use is light, innocuous
manufacturing, not just light manufacturing, and that the CUP would be tied to the land, not the
owner. Vince agrees this use fits the area. Eric is concerned about the size of the property and what
the owner has the potential to do with it.
Brad asked Eric what additional buildings for light manufacturing would hurt. Todd agrees this is a
good spot for it. Vanessa mentioned that if the owner decides to do larger manufacturing, they will
have to come before P&Z again for a zone change. Brad thinks a great location, no matter how
many square feet they use to only do light manufacturing and doesn’t see the need to limit them as
long as they stay indoors doing light manufacturing. He reiterated that this is a great location, that
forklifts won’t be as loud as the freeway, tractors or the airport. Sally commented the neighbors
must not be concerned as there weren’t any in attendance.
McKay asked Attorney Rammell if from a legal standpoint if there should there be more parameters
in a motion instead of leaving it vague? Attorney Rammell responded no, the nature of a CUP has
some give and take and some working with City Staff to meet those requirements and sometimes it
can create more issues when there are very specific motions. He mentioned that within the State
Statute 65-12, there is a provision that prevents an individual CUP from giving binding legal
precedent for future CUP’s that come before the board.
Vince initiated a discussion on what to include in the motion. McKay commented that if they were
coming before P&Z with 3 buildings, it would likely pass with consensus based on where it is
located and lack of negative comment and thinks there should not be restrictions placed that makes
them have to come back, since if it brings jobs, opportunity, and tax base, it is good for all of us.
Randall recommended that the motion say to allow conditional use permit to light innocuous
manufacturing within the building.
MOTION: Motion to recommend the City Council approve (22-00925) Mountain West
Rental and Sales CUP upon the requirements that it is light innocuous manufacturing and
indoors, based on the fact that it fits that area and will benefit the community.
Action: Approve, Moved by Vince Haley, Seconded by Bruce Casper.
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Commissioner Discussion on the Motion: none
VOTE: Motion carried. (Summary: Yes=11 , No= 0, Abstain = 0).
Yes: Vince Haley (Vice Chair), Randall Kempton, Todd Marx, Sally Smith (Chairperson), Bruce
Casper, Eric Erickson, Brad Wolfe, Vanessa Johnson, McKay Francis, Aaron Richards, Jim
Lawrence
No:
Abstain:
Upcoming Items:
Wednesday, March 15th: Work Meeting with City Council 5:00 pm
Thursday, March 16th: P&Z Meeting
Plat(s):
(22-00413) Teton River Lofts Phase 1
Public Hearing(s):
(22-00912) Rexburg Teton (Bird Property) Comprehensive Plan Map Change
(22-00914) Rexburg Teton (Bird Property) Annexation & Rezone
The group discussed the upcoming items, including questions on the proposed amendments to the
Development Code and an email thread about the work meeting and if it was appropriate. Attorney
Rammell advised that he did not have the necessary context to respond and would defer to Alan and
Attorney Zollinger and let Attorney Zollinger respond. Alan mentioned that the upcoming work
meeting would allow input from P&Z, City Council, and the public, and that substantial changes
would require the Amendment to have another public hearing before P&Z.
Adjourned at 7:05 PM.