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HomeMy WebLinkAboutP&Z Minutes 10.5.23(208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Planning and Zoning Minutes - October 5, 2023 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 6:30 PM. Planning & Zoning Meeting: 1. Welcome 2. Pledge of Allegiance 3. ROLL CALL of Planning and Zoning Commissioners: Present: Vince Haley (Vice Chair), Randall Kempton, Todd Marx, Sally Smith (Chairperson), Eric Erickson, Vanessa Johnson, Aaron Richards Absent: Jim Lawrence, Bruce Casper, McKay Francis 4. Approval of the P&Z Minutes from August 17th, 2023 (Action) MOTION: Motion to approve the Planning & Zoning minutes as recorded for August 17th, 2023. Action: Approve, Moved by Randall Kempton, Seconded by Aaron Richards. Commissioner Discussion on the Motion: None VOTE: Motion carried. (Summary: Yes = 7, No= 0, Abstain = 0). Yes: Vince Haley (Vice Chair), Randall Kempton, Todd Marx, Sally Smith (Chairperson), Eric Erickson, Vanessa Johnson, Aaron Richards No: Abstain: 5. Mayor Merrill – not in attendance. 6. Commissioner Training Attorney Rammell started his training by passing out handouts. He explained that the community is growing and diverse and the obligation of the Planning & Zoning Commission is to represent everyone, and to treat all, those who have been here a week and those here 50 years, with respect when it comes to the law and the rights that are afforded to them from the city. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Attorney Rammell touched on the Commission’s role and authority in quasi-judicial matters, clarifying that while there are a few things that are decided by the Commission, they are a recommending board. He then moved on to the general process of open meetings and the importance of being clear on the record. The group discussed conflicts of interest and/or being biased and when a Commissioner should recuse themselves from voting. The conversation turned to ex-parte communication and the need to disclose any communications on the record. Attorney Rammell and Alan confirmed that ex-parte communication does not apply to city staff, since it is their job to advise and clarify the code and any requirements. Attorney Rammell circled back to the importance of having a clean, easy to follow record that includes everything that is part of the decision. He emphasized the distinction between an open house, back and forth, format versus an opportunity for public comment. He recounted that Steve Oakey used to remind everyone in attendance that it cost real money, and time, for an applicant to be before the commission, asking for permission to do something on their own land. Attorney Rammell pointed out that people’s homes, property, peace and enjoyment, are sensitive subjects and deeply personal to them and the commission must find the balance between respecting that and not letting those personal sentiments shut down otherwise completely appropriate and legal developments or changes. He reminded the commission that even though there may be 30 people in the room against something, there could be 1500 - 2500 people who are not in the room that the proposal will have a positive impact on, and decisions should be made for the citizens of Rexburg as a whole and not just those in attendance. Randall added the difficulty of trying to balance the old timers and newcomers and the transition from a rural area to an urban community. Vince commented on encouraging fact-based testimony and reason for position more than opinion. Attorney Rammell moved on to making and discussing motions. He talked about not needing each individual commissioner to make a public comment. Vince expressed that he would like to hear opinions and reasons for a dissenting vote. Attorney Rammell advised there is nothing that states the record must be clarified, but it can be helpful, especially if there is nothing on the record to allude to the reason for the dissenting vote. The group discussed the decision maker roles and responsibilities. He encouraged the commissioners, that if they disagree with a technical expert, to acknowledge they heard and understand the expert’s testimony and explain why they disagree, to ensure a clear record. Vince asked about having to approve an application, just because it complies with the comprehensive plan. Attorney Rammell replied that the application does not have to be approved, just because it complies with the comprehensive plan, but there should be a well-reasoned record reflecting why, despite it conforming, it is being denied. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Alan touched on the upcoming calendar, including the permitted uses work meeting. Sally inquired about if the updated Comprehensive Plan was in effect. Alan confirmed. Alan listed proposed code updates in the works that will keep the Commissioner’s busy through the winter and encouraged the Commissioner’s to reach out to staff with any questions. Heads Up for October 19th, 2023: Permitted Uses Work Meeting @6:30 pm Adjourned at 8:07 PM.