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HomeMy WebLinkAboutP&Z Minutes 2.8.24(208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Planning and Zoning Minutes - February 8, 2024 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) (Late/Zoom), Sally Smith (Chairperson), Aaron Richards, Jim Lawrence, Bruce Casper, McKay Francis, Rob Woodall, Brian Thackeray Absent: Todd Marx, Randall Kempton, Vanessa Johnson, 4. Approval of the P&Z Minutes for January 4, 2024 (Action) MOTION: Motion to approve the Planning & Zoning minutes as recorded for January 4, 2024 (Action) Action: Approve, Moved by Jim Lawrence, Seconded by Bruce Casper. Commissioner Discussion on the Motion: None VOTE: Motion carried. (Summary: Yes = , No= , Abstain = ). Yes: Sally Smith (Chairperson), Aaron Richards, Jim Lawrence, Bruce Casper, McKay Francis, Rob Woodall, Brian Thackeray No: none Abstain: none Alan updated the Commissioners on upcoming items, mentioning that three Summerfield plats could come before the Commission soon and that an application to rezone a portion of the Erickson property from Mixed Use to Community Business Center was received today. He commented that there have been a lot of people coming in to visit about commercial entities, but nothing has been confirmed or is moving forward at this time. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org 5. Commissioner Training – Attorney Rammell Attorney Rammell began by indicating he would like this to be an interactive training and that the three main categories of the training will be: 1. When we’re here 2. When we’re not here 3. Mindset He touched on Article 12 and LLUPA that grant cities the power to zone and mandates a plan to zone, respectively. He then explained that this Commission is a Citizen Body and does not have the final decision on most items, but rather makes a recommendation to City Council, who are the Elected Officials. He summarized the rules for Quasi-Judicial actions, pointing out the rule prohibiting conflicts of interest; emphasizing that the statute defines the interest as a direct economic interest in the decision. Attorney Rammell pointed out that staff understand the applications and processes and works with him to ensure things are being done correctly. He moved on to “When we’re not here” and how to deal with something that comes up, and how that impacts the Commission. He summarized the most recent ex-parte communications case, S-Bar Ranch vs Elmore County and assured the Commissioners that communication outside of the public meeting is not fatal to an application, but it causes complications since any and all parts of the conversation regarding the application or decision needs to be part of the record, as well as every reason for making the decision. He advised the Commissioners to not talk to people about applications, warning them that it may bother some members of the community who will claim that the city is discouraging involvement from the community, but that there are legal processes in place that create a fair, unbiased and transparent system. He suggested Commissioners stop conversations saying something similar to “I’m not going to discuss this right now, but I would be happy to discuss it on the record at the meeting.” Attorney Rammell advised that if a conversation about an application takes place outside of a meeting, it has to be disclosed on the record and he will ultimately cross examine the Commissioner, on the record, about the ex-parte communication, including the duration, length, tone, etc., to make the record clear. Aaron inquired about conversations about projects before they are submitted to the City. Attorney Rammell indicated that it applies to current things on the agenda or projects for the city. He reasoned that if a project is talked about generically in passing that it is different than if it is something that was discussed in a professional capacity that included plans, dates or other specific details. He encouraged Commissioners to reach out to himself or Alan if they have been in this situation. Jim asked if emails received from Community members after an item has been put on the agenda needed to be forwarded to staff. Attorney Rammell and Alan confirmed that those would need to be forwarded to staff, along with either a note indicating there was no reply, or the response sent, so it can be added to the record. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Rob asked for clarification on if ex-parte communication only applies to a person with an application, or also a friend who is also a developer. Attorney Rammell replied that everything a Commissioner hears and does, could impact a decision made in a P&Z meeting; a neighbor could say something that could influence you, and that would need to be put on the record, since it could create a bias or directly impact your decision. Attorney Rammell moved on to the required notice for meetings and action items before moving on to the quorum requirement. He quickly touched on the meetings being open to the public and individuals having the right to be heard. He explained that if an action does not pass by a majority, then it fails, since there is not a tie breaker like the Mayor in City Council. He noted that if a decision in in the impact area, those members on the board representing the impact area have an equal amount of votes to the other members on the board. Attorney Rammell described the two phases of the meeting. The fact-finding stage, where there is a presentation from staff, applicant testimony, and public comments, and the applicant has the right to respond to anything that is said within the public comments section. The second stage is the Commissioner deliberation, where the hearing is closed, the board discusses and/or seeks clarification, then makes the motion and decision. (video index 00:42:15) Next, Attorney Rammell discussed a case law update that may impact procedure and making motions. He suggested a system may be put in place where staff presents the relevant statutes and pertinent laws and regulations from which the decision could be based, and these would have to be applied to the facts of the hearing so that the reasoned statement plainly states the factual determination and explains the basis of legal conclusion as well as identifying the pertinent laws. Attorney Rammell then moved on to the final topic of the training, discussing the Mindset required of the Commissioners. He touched on how everybody wants things unless it’s right across the street from their house. He emphasized that all applicants are to be treated the same. He encouraged the Commissioners to be impartial and listen to valid concerns of individuals, while keeping in mind that while there may be twenty frustrated individuals opposed to the application at the meeting, there are many individuals not in attendance who may have a different opinion. Discussion turned to reaching out to staff with any questions, concerns, or clarifications. Alan added his appreciation to the Commission for their diligence in studying the paperwork prior to a meeting and reminded the group that not being elected, and answering to City Council rather than the public, can be both an advantage and a disadvantage. He summarized their job as looking at the application and asking if it meets the rules and requirements, while taking into consideration what the citizens want, the Comprehensive Plan and the City’s overall goal, as well as what the overall population wants and if the application is right for the City. Sally commented on the importance of the Planning & Zoning Commission’s decision and urged Commissioners to reach out with any training requests. Alan reminded everyone that they can reach out to staff with any questions, concerns or clarifications. Adjourned at 7:40 PM.