HomeMy WebLinkAboutP&Z Minutes 12.5.24(208) 359-3020
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Rexburg, ID 83440
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Planning and Zoning Minutes - December 5, 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 6:31 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), Bruce
Casper, Brian Thackeray, Vern Muir
Absent: Randall Kempton, Aaron Richards, Jim Lawrence, McKay Francis,
Vanessa Johnson
4. Mayor’s Business – Appoint Commissioner Vern Muir
Mayor Merrill thanked the Commissioners for their time and effort to serve on the board
and their efforts to make the best decisions for the community. He explained that when
appointing individuals to boards and committees, he looks for folks from different walks
of life with varying viewpoints of how the city should develop, and he asks if potential
board members can be fair minded, see and consider both sides of an issue and come
to the best decision for the community as a whole. He spoke with Mr. Muir at length and
feels he will be a great addition to the commission. Mayor Merrill asked Commissioner
Muir to take a few minutes to introduce himself.
Commissioner Muir explained he has been in construction for most of his life. He
moved to Rexburg about 20 years ago, retired and travelled with his wife for 8 years,
then came back to Rexburg, realized retirement was not as much fun as he’d
anticipated, and decided to go back to work in the building trade. He shared that he’s
always had an interest in the City/County side of things and appreciates the opportunity
to serve.
5. Approval of the P&Z Minutes for November 7, 2024 (Action)
MOTION: Motion to approve the Planning & Zoning minutes as recorded for
November 7, 2024 (Action)
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Rexburg, ID 83440
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Action: Approve, Moved by Todd Marx, Seconded by Vince Haley.
Commissioner Discussion on the Motion: None
VOTE: Motion carried. (Summary: Yes = 5, No= 0, Abstain = 1).
Yes: Vince Haley (Vice Chair), Todd Marx, Sally Smith (Chairperson), Brian Thackeray, Bruce
Casper
No:
Abstain: Vern Muir
PUBLIC HEARING
6. Public Hearing – (24-00939) 340 W 2nd N – Rezone – Located at 340 W 2nd N, the
application is to change the zoning of approximately 1.299 acres from Low Density
Residential 2 (LDR2) to Medium Density Residential 1 (MDR1). – Kevin Larsen (Action)
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.
Presentation:
City Planner Baldwin began by showing the location of the property on the map on the screen. He
then showed the adjacent zoning on the map and noted that the publication indicated the current
zone being LDR1, but it is LDR2, and after consulting with legal, was advised it was okay to
continue with the hearing. He stated that the application meets staff’s requirements and can be
supported by city utilities.
City Planner Baldwin stated that the Medium Density Residential 1 (MDR1) zone would allow up
to sixteen (16) units to the acre. Commissioner Haley asked why the request was to go to Medium
Density Residential 1 (MDR1) rather than Medium Density Residential 2 (MDR2) which would
match surrounding zoning. Tracy Tremelling, attending on behalf of the applicant, responded that
they went off Planning & Zoning Director Parkinson’s recommendation.
Chairperson Smith introduced the new staff report format. Planning and Zoning Administrative
Assistant Saurey explained that the first page is a summary, with subsequent pages expanding on
the details of the zone and criteria to be considered, then combining documents such as the
application, full staff review, and mailing documents into this single report.
Chairperson Smith opened the public input portion of the hearing at 6:44 pm.
Favor:
Terry Chadwick voiced his support for a nice and maintained development.
Neutral:
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Bill Cooley asked code questions pertaining to the requested zone and initiated a brief discussion
concerning density, setbacks, and parking requirements. Chairperson Smith informed Mr. Cooley
that only the land use would be considered, not the potential project. Attorney Rammell explained
that the Planning & Zoning Commission does not consider specific projects but rather the possible
uses of the land since the designation stays with the land regardless of who owns the property.
Attorney Rammell suggested that Mr. Cooley meet with staff to further discuss the Development
Code.
Opposed:
Karen Liles asked if a traffic flow impact had been completed. City Planner Baldwin answered
that Public Works oversees utilities and determines when one is needed. Ms. Liles asked if safety
for children had been taken into account. City Planner Baldwin replied it is always a concern.
Attorney Rammell added that when looking at zone changes there are several factors considered
and staff, including Public Works Director Keith Davidson, have not brought forth any issues. Ms.
Liles shared her concern about property values. Attorney Rammell indicated that the County
Assessor places those values, and this board does not take property values into consideration. Ms.
Liles summarized that she is not in favor of more apartment buildings within the neighborhood.
Bill Cooley continued asking questions about the code and project, suggesting the project would
use his property for parking or snow storage. Commissioner Haley suggested Bill speak to Alan or
Kyle. Attorney Rammell explained this is only speculation on the type of project that could be built
and that whatever change is made will follow the law. Mr. Cooley stated his concerns include
parking, keeping children safe, traffic, and the possible density. Chairperson Smith explained that
Planning and Zoning makes a recommendation to City Council and they discuss and make the final
decision. Attorney Rammell added that they will also review the record.
Kevin McFadden began by stating that he had an emotional appeal for the application. He
commented that every couple of years his neighborhood comes before the Planning and Zoning
Commission and begs to be left alone. He said that he has never seen anyone on this board live in
a neighborhood like his. He asked the Commission to keep Rexburg a family town. Commissioner
Thackeray responded that he lives across from Sundance. Mr. McFadden spoke about parking
issues affecting his business and employees.
Written Correspondence: none
Rebuttal:
Tracy Tremelling spoke to the odd shape of the lot having an effect on the density and meeting
parking requirements. He commented that the house will remain, and the project is not expected to
hit maximum densities.
Chairperson Smith closed the public input portion of the hearing at 7:10 pm.
Commissioner Discussion:
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Attorney Rammell and Chairperson Smith reminded the board to only consider the land use and
amounts allowed per zone.
Commissioner Haley commented that the city has a person who can address code violations such
as trash and yard maintenance concerns. He believes that when a lot like this is developed,
requirements for curb, gutters, and sidewalks make it safer. He evaluated the surrounding area,
pointing out that the Fairgrounds can be loud, create parking issues and not conducive to the
neighborhood at times, and the nearby MDR2 parcels. Commissioner Haley expressed that he
does not have enough concern to reject the application, believes it will be a great fit, and supports
the potential redevelopment in the area.
Chairperson Smith discussed the Comprehensive Plan designation of Intermediate Residential
and reminded attendees that the Comprehensive Plan was updated about two years ago, with
public input. She predicts the area will remain a neighborhood for a long time and agreed that this
would be an improvement but will require good planning for the strangely shaped piece of land.
Commissioner Casper inquired about adjacent lot uses and from the audience Mr. Chadwick gave
the history of parcels. Commissioner Casper determined that apartments and housing would be a
delightful sight over a weed field.
Commissioner Muir asked about access to the property. City Planner Baldwin confirmed the only
access is located off of 2nd North.
MOTION: Motion to recommend City Council approve the proposed property be rezoned
from Low Density Residential 2 (LDR2) to Medium Density Residential 1 (MDR1) because of
the surrounding rezones in the area and the opportunity to redevelop and improve that
neighborhood.
Action: Approve, Moved by Vince Haley, Seconded by Bruce Casper.
Commissioner Discussion on the Motion:
VOTE: Motion carried. (Summary: Yes= 6, No= 0, Abstain = 0).Yes: Vince Haley (Vice Chair),
Todd Marx, Sally Smith (Chairperson), Bruce Casper, Brian Thackeray, Vern Muir
No: none
Abstain:
Attorney Rammell reiterated that the Planning & Zoning Commission is an advisory board and
makes their recommendation to City Council. He informed the attendees that Alan and Kyle are
very knowledgeable and accommodating and can answer any additional questions. City Planner
Baldwin confirmed that their doors are always open.
TRAINING:
7. Commissioner Training – P&Z Video training and discussion
“Roles and Responsibilities”
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Commissioner Haley commented there was a lot of information in that video. He shared that it
is easy to get caught up in the emotion of the hearing and he liked the statement of how it is the
job of the commissioners to be in the middle and see both sides – apolitical – and as the Mayor
said, everyone on the board has different perspectives to contribute so the different views are
heard.
City Planner Baldwin asked how the commissioners put aside their emotions to keep an
apolitical view. Chairperson Smith responded that it is necessary to have an open mind and be
willing to listen to both sides. Commissioner Marx added to be able to divorce yourself from
your personal wishes to what is best for the community. City Planner Baldwin shared that
there have been occasions where applicants or testimony have made points he hadn’t
previously considered.
Attorney Rammell explained that he assesses applications for liability only and making sure
that judicial processes are followed to protect the applicant’s rights and adjoining property
owner’s rights.
Commissioner Thackeray said he generally likes to think about a whole situation and has had
to shift to not thinking about the project and just what is in front of him at the meeting. Attorney
Rammell agreed that it goes against human instinct and predicted that as interest rates go
down there will be more projects and growth. Chairperson Smith voiced her appreciation for
Attorney Rammell.
Commissioner Muir commented on the reliance upon staff to ensure code and ordinance
requirements are met. He commented that it is hard to be on both sides of the application at the
same time.
The commissioners discussed the Comprehensive Plan and potential plans for the fairgrounds.
Commissioner Haley concluded that he makes it a point of being apolitical and during
contentious meetings he finds peace in knowing that the commission is making a
recommendation not a decision, and the recommendation is from the commission as a whole
instead of individuals making decisions.
Heads Up:
▫ December 19th, 2024: No Meeting
▫ January 2nd, 2025: Meeting moved to January 9th, 2025, to correspond with City
Council
▫ January 9th, 2025: Annexation
8. Adjourned at 7:52 PM.