HomeMy WebLinkAboutP&Z Minutes 3.21.24(208) 359-3020
35 North 1st East
Rexburg, ID 83440
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Planning and Zoning Minutes - March 21, 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), Todd Marx, Sally Smith (Chairperson), Jim
Lawrence, Bruce Casper, Vanessa Johnson, Rob Woodall, Brian Thackeray
Absent: Randall Kempton, Aaron Richards, McKay Francis
4. Approval of the P&Z Minutes for February 22, 2024 (Action)
MOTION: Motion to approve the Planning & Zoning minutes as recorded for
February 8, 2024 (Action)
Action: Approve, Moved by Bruce Casper, Seconded by Todd Marx.
Commissioner Discussion on the Motion: None
VOTE: Motion carried. (Summary: Yes = 8 , No= 0, Abstain = 0).
Yes: Vince Haley (Vice Chair), Todd Marx, Sally Smith (Chairperson), Jim Lawrence, Bruce
Casper, Vanessa Johnson, Rob Woodall, Brian Thackeray
No:
Abstain:
PUBLIC HEARINGS:
5. Public Hearing – (24-00084) 1022 W Main St - Erickson Property – Rezone from MU to
CBC – Located at 1022 W Main St, the application is to change the zoning of
approximately 10.5 acres from Mixed Use (MU) to Community Business Center (CBC). –
Bron Leatham (Action)
Presentation:
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Alan began by showing the location of the property and explained that while it was
designated as Mixed Use when it was annexed into the City, the applicant has had more
commercial inquiries and is therefore requesting the zone to move from Mixed Use (MU) to
Community Business Center (CBC). Alan confirmed that the CBC zone does fit within the
Comprehensive Plan designations.
Vince asked Alan to review the differences between MU and CBC, specifically the
setbacks. Alan indicated that they are very similar, the main difference being that MU
requires residential.
Brian asked about the proposed usage of the property. Alan explained it would be
commercial, and that there will be an additional request to rezone the property behind this
to commercial as well, indicating that next to the highway is not a good place for residential.
Chairperson Smith opened the public input portion of the hearing at 6:36 pm.
Favor: none
Neutral: none
Opposed: none
Written Correspondence: none
Rebuttal: none
Chairperson Smith closed the public input portion of the hearing at 6:38 pm.
Just prior to closing the hearing, a zoom participant made inappropriate comments and was
muted per Attorney Rammell’s direction.
Conflict of Interest/Ex parte Conversation: Chairperson Smith asked the
Commissioners to disclose any conflicts of interest or conversations held outside of this
meeting relative to this particular subject.
Commissioner Discussion: Jim Lawrence and Rob Woodall, Todd Marx
Jim stated that he likes the proposal of the commercial use next to the highway. Rob
indicated his support for the proposal, noting the limited amenities on the West side of the
highway, and how this may reduce congestion. Todd agreed that it is in a good spot as it
would not be preferential to live against the highway.
MOTION: Motion to recommend that City Council approve the rezone of the proposed
property from Mixed Use (MU) to Community Business Center (CBC) because of its
proximity to the highway and the fact that the commercial would fit in that area.
Action: Approve Moved by Vince Haley, Seconded by Jim Lawerence.
Commissioner Discussion on the Motion:
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35 North 1st East
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VOTE: Motion carried. (Summary: Yes= 8, No= 0, Abstain = 0).
Yes: Vince Haley (Vice Chair), Todd Marx, Sally Smith (Chairperson), Jim Lawrence, Bruce
Casper, Vanessa Johnson, Rob Woodall, Brian Thackeray
No:
Abstain:
(video index 00:10:33)
6. Public Hearing – (24-00022) Rotary Park – Rezone from PF to LDR2 – Located at
approximately 245 Rodney Dr, the application is to change the zoning of approximately
.40 acres from Public Facilities (PF) to Low Density Residential 2 (LDR2). – Alan Parkinson
(Action)
Presentation:
Alan showed the location of the lot on the screen. He explained that the City and Rotary
Club have already moved the park and it will just sit idle unless something else is done
with it. The City decided it would best be used as residential. He expressed he has
heard concerns about removing the park, but that the money from this will be used for
the new park across Barney Dairy Road and that a rapid flash will be installed to
increase safety while crossing Barney Dairy Road to the new park that will provide
better amenities and more use to the community. He then showed renderings of the
new park.
Vince clarified that the decisions pertaining to the park are that of the Rotary Club. Alan
confirmed, further explaining that the City worked with the Rotary Club, since the City
maintains the park and is trying to provide amenities to the public as efficiently as
possible. He mentioned a stipulation requiring the funds from the park would need to be
used for another park.
Vince referenced some of the written correspondence that indicated the City made the
decision, rather than a mutual decision between the City and the Rotary Club.
Rob inquired about the future of the walkway that connects the Jr. High School to the
residential neighborhoods. Alan confirmed it would be maintained. Vince pointed out
that the walkway directly to the Jr. High School was located to the South of the property
in question. Vanessa asked for the distance to the new park, as well as the difference in
size. Alan answered it was 900 feet from this park to the new park, and the new park
would contain multiple acres and is part of a master planned area. Brian inquired if the
new park was part of the new Barney Dairy Park. Alan confirmed, sharing that it will be
called Teton River Park and some of the amenities planned.
Vince indicated additional written correspondence was added to the file.
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35 North 1st East
Rexburg, ID 83440
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Alan reminded the commission that tonight’s decision does not affect whether there is a
park there or not, and the park is a separate issue.
Brian asked if the property is still being used as a park, and Vanessa asked if there
were any toys. Alan confirmed that it is being used as a park, and has a small play
structure, but that it will not be maintained moving forward.
Sally reiterated that the decision concerning the park was already made, so there is no
input for that, since the Rotary Club already made the agreement, only the rezone is to
be considered.
(video index 00:19:38)
Chairperson Smith opened the public input portion of the hearing at 6:49 pm.
Favor: none
Neutral: none
Opposed: none
Written Correspondence: Letters in opposition.
Rebuttal: none
Chairperson Smith closed the public input portion of the hearing at 6:51 pm.
(video index 00:20:40)
Conflict of Interest/Ex parte Conversation: Chairperson Smith asked the
Commissioners to disclose any conflicts of interest or conversations held outside of this
meeting relative to this particular subject.
Commissioner Discussion:
Vince referenced the two letters in the file in addition to the letters in the file now, and
asked if they would be considered. Attorney Rammell and Alan stated they can be read into
the record.
Traci Winn 290 Rodney Drive, spoke from the audience, sharing that she understands that
the decision to remove the park was already made by the Rotary Club and the expense to
take care of little parks. She inquired about the lots being buildable lots. Alan confirmed
that they would be.
Vince referred to Cami Muir’s letter, quoting a sentence about minds being made up before
the meeting, and invited her to visit with the City to better understand the process. Vince
stated for the record that he had not had any conversations prior to the meeting and
pointed out that the Planning & Zoning Commission is a recommending board and is only
changing the zoning on the land, not making the decision to remove the park.
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35 North 1st East
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Attorney Rammell advised to read the letters into the record. Sally asked Vince to read
the letters into the record.
Vince referenced a document submitted by Rachel Mullen that is a petition and has 10
pages of signatures.
Vince read Cami Muir’s letter into the record.
Vince then read Rachel Mullin’s letter into the record.
Vince stated the next letter sent in by Traci Sessions was already in the record.
Brian inquired about the consequences of not approving the zone change. Alan explained
that the zoning makes no difference in whether the property is a park, the decision has
been made to move the park. Brian clarified that green space is not being taken away, just
moving it 900 feet. Alan confirmed.
Traci commented that when the neighborhood met about the new park, they were told it
probably not be a park for little children, not contain any equipment for the little children,
and be geared towards teenagers. Brian confirmed that he attended that meeting and
heard the same.
Vince asked if in the motion the current park could be kept until the new park is complete
and to remind citizens that the park is a City Council issue. Attorney Rammell responded
that City Council reviews this record and will be apprised of the comments whether they are
in the motion or not. Alan reminded the Commissioners that their job is to deal with land
use only.
MOTION: Motion to recommend that City Council approve the rezone of the proposed
property from Public Facilities (PF) to Low Density Residential 2 (LDR2) because of the
residential surroundings and the moving of Rotary Park.
Action: Approve, Moved by Vince Haley, Seconded by Todd Marx.
Commissioner Discussion on the Motion:
VOTE: Motion carried (Summary: Yes= 7, No= 1, Abstain = 0).
Yes: Vince Haley (Vice Chair), Todd Marx, Sally Smith (Chairperson), Jim Lawrence, Vanessa
Johnson, Rob Woodall, Brian Thackeray
No: Bruce Casper
Abstain:
Heads Up for April 4th, 2024:
▫ Public Hearing – (24-00125) Sorensen Project– Comprehensive Plan Map change from
Commercial/Mixed Use to High Residential
▫ Public Hearing – (24-00110) Sorensen Project– Rezone from LDR2 & MU to HDR1
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35 North 1st East
Rexburg, ID 83440
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▫ Public Hearing – (24-00146) 10 Forty Main – Comprehensive Plan Map change from
Intermediate Residential to Commercial
▫ Public Hearing – (24-00147) 10 Forty Main – Rezone from MU to CBC
Attorney Rammell clarified that the speech given by the individual cut off on the zoom hearing
falls under State Statute 18-7902 Malicious Harassment, specifically hate speech, or speech
that it is not tolerated, even if someone has the public right to speak, and was appropriate given
the circumstances.
7. Adjourned at 7:15 PM.