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HomeMy WebLinkAboutP&Z Minutes 3.21.24(208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org 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: (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org 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: (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org 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. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org 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. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org 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 (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org ▫ 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.