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HomeMy WebLinkAboutP&Z Minutes 4.16.26(208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Planning and Zoning Minutes - April 16, 2026 P&Z Commissioners: City Staff: Randall Kempton (Vice Chair) Alan Parkinson – P&Z Administrator Sally Smith (Chairperson) Brian Thackeray Katie Jo Saurey – P&Z Administrative Assistant Aaron Richards Vern Muir Kyle Baldwin – Planner 1 Jim Lawrence Dan Hanna Natalie Powell – Compliance Officer Bruce Casper Tammy Geddes Spencer Rammell – Commissioner Attorney McKay Francis Rick Robinson Chairperson Smith opened the meeting at 6:46 PM. The start of the meeting was delayed until a quorum was present. Planning & Zoning Meeting: 1. Welcome & Pledge of Allegiance 2. Mayor’s Business – Appointment of Commissioner Rick Robinson Administrator Parkinson stated that Rick was not available to be introduced. 3. ROLL CALL of Planning and Zoning Commissioners: Present: Sally Smith (Chairperson), McKay Francis, Brian Thackeray, Vern Muir, Dan Hanna, Tammy Geddes Absent: Randall Kempton (Vice Chair), Aaron Richards, Jim Lawrence, Bruce Casper, Rick Robinson 4. Approval of the P&Z Minutes for March 19, 2026 (Action) MOTION: Motion to approve the Planning & Zoning minutes for March 19, 2026 (Action) Action: Approve, Moved by Brian Thackeray, Seconded by Vern Muir. Commissioner Discussion on the Motion: none VOTE: Motion carried. (Summary: Yes = 6, No = 0, Abstain = 0). Yes: Sally Smith (Chairperson), McKay Francis, Brian Thackeray, Vern Muir, Dan Hanna, Tammy Geddes No: Abstain: 1. Public Hearing – (26-00094) Diaz (Steiner Property) – Rezone from RR2 to LDR2 & LDR3 – Located at approximately 401 S 12th W, the application is to rezone approximately (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org 15 acres from Rural Residential 2 (RR2) to Low Density Residential 2 (LDR2) and Low Density Residential 3 (LDR3). – Marco Diaz (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. Attorney Rammell provided brief housekeeping remarks and thanked the Commissioners, Staff, the developer and the public for attending and accommodating a delayed start, noting that some individuals were out of town due to Spring Break. He reminded attendees that public comment would be limited to three minutes per individual and clarified that time could not be deferred to others. Attorney Rammell disclosed for the record that Commissioner Geddes had a conversation earlier that day with a member of the public. Commissioner Geddes confirmed the conversation with Cherie Barton had occurred that day and primarily involved procedural clarifications regarding the meeting packet and a map included at the beginning. It was stated that the discussion did not involve the merits of the proposal or substantive facts related to the application. Commissioner Geddes indicated the conversation lasted approximately 20 minutes and was intermingled with other general discussion. She affirmed that the conversation would not affect her ability to remain impartial in the proceedings and confirmed that the substance of the conversation related to the project had been fully disclosed on the record. Presentation: Marco Diaz, the applicant, introduced himself and provided his address. He explained that he had previously appeared before the commission seeking to rezone the Birch property and amend the comprehensive plan to Intermediate Residential. While that request had been recommended by the Planning Commission, it was not approved by the City Council. As a result, the applicant revised the request to retain Low Residential zoning. Mr. Diaz stated that the current request related to the Steiner property and involved only a rezoning action. He acknowledged that the Commission was not considering a project or site plan, but explained that he distributed a conceptual plan to Commissioners and neighbors to respond to prior questions and to clarify intentions. He noted that although he typically develops townhomes or twin homes, he had committed to developing single- family lots on the property, and that remained his stated intent. The applicant requested that the comprehensive plan be displayed and noted that the Comprehensive Plan already designated the property as both Low Residential and Intermediate Residential. He explained that the current request did not seek to amend (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org the Comprehensive Plan but instead proposed zoning consistent with it. Mr. Diaz described the request as a mix of zoning, with approximately one third of the site proposed as LDR3 and approximately two thirds as LDR2, consisting of smaller single- family lots. Attorney Rammell reminded the Commission that any discussion of specific site plans, design details, or developer representations should not be considered in deliberations. He emphasized that the Commission’s decision must be based solely on land use criteria, including consistency with the Comprehensive Plan, impacts on public services, allowed uses, compatibility with surrounding land uses, long term land use patterns, public health, safety, and welfare, and whether the request constituted spot zoning. Mr. Diaz acknowledged this clarification and reiterated that the conceptual plan was provided only for informational purposes and to communicate with neighbors. He concluded by restating that the request was to rezone the property in accordance with the existing Comprehensive Plan. Administrator Parkinson thanked the Commissioners for their time and attendance, acknowledging that the meeting occurred during spring break and noting appreciation for the Commissioner’s efforts to attend. He explained that the application requested to rezone approximately 15 acres. The eastern portion of the property, consisting of slightly more than 5 acres designated as Intermediate Residential in the Comprehensive Plan, was requested to be rezoned from RR2 (Rural Residential 2) to LDR3 (Low Density Residential 3). The remaining approximately 10 acres, designated as Low Residential in the Comprehensive Plan, was requested to be rezoned from RR2 to LDR2 (Low Density Residential 2). He reported that staff have reviewed the application, the City has adequate capacity to serve the property, and road improvements would be required to ensure safety and access for future residents, including requirements for multiple points of ingress and egress. Chairperson Smith opened the public input portion of the hearing at 7:05 pm. Favor: none Neutral: none Opposed: Brent Morring, a resident of the Willow Brook neighborhood adjacent to the proposed rezoning area, addressed the commission and stated his opposition to the requested zoning change. He stated that he had not heard a compelling justification for the proposed zoning change and expressed the view that the burden of proof rested with the applicant to present a strong and convincing reason for altering the existing zoning. He emphasized that residents had made significant financial and personal investments in (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org their homes and neighborhoods based on the current zoning and land use expectations. He raised concerns about potential increases in traffic, particularly along 12th West, and stated that the proposed rezoning could significantly increase traffic volumes in both the new development and the adjacent neighborhoods. He expressed concern that increased traffic could create safety risks, especially for children. Mr. Morring also commented that the proposed rezoning from RR2 to LDR2 and LDR3 seemed excessive, and suggested that if a zoning change were warranted, a smaller increase in density might be more appropriate. He acknowledged the community’s growth and the need for diverse housing options, but expressed concern that the community might be shifting too heavily toward higher density housing. He stated that maintaining a range of zoning types was important to provide housing options for families at different life stages and income levels. Mr. Moring concluded by reiterating his opposition to the rezoning request and thanking the commission for the opportunity to comment. Heather Tate, a resident of Willow Brook, expressed opposition to the proposed rezoning. She explained that she had moved to Rexburg from California for college and chose to remain because of the city’s small town feel. She noted that her home was located on Twisted Willow, a street that would be extended into the proposed subdivision. While acknowledging the need for additional housing in Rexburg, particularly related to community growth and the presence of the college, she expressed concern about the impact the proposed development and road extension would have on the traffic and safety in her neighborhood. She requested the Commission consider a lower density and asked that Twisted Willow not be connected to the development. She emphasized the value of preserving the quiet, family oriented nature of the area and expressed concern about Rexburg becoming suburbia. David Higginson, residing on Green Willow Drive, spoke in opposition to the proposed development. He stated that his property directly abutted the subject site and expressed concerns consistent with earlier comments, particularly regarding increased traffic. He noted concerns about traffic impacts on 12th West and the need for additional improvements to accommodate growth. He expressed strong concern about routing traffic through existing neighborhoods and supported blocking access through Twisted Willow, citing safety and neighborhood preservation concerns. He also requested clarification regarding the LDR2 zoning designation, specifically asking about allowable lot sizes and occupancy standards. Administrator Parkinson replied that lots of at least 7,260 sq ft were required in the LDR2 zone. Mr. Higginson expressed concern that approval of the rezoning could allow future development types beyond what was currently represented, including the potential for higher density apartment buildings. Administrator Parkinson clarified that such development would not be permitted under the proposed zoning. Mr. Higginson stated he was in opposition to the rezoning, citing a desire to preserve existing views and the established low density, rural character of the neighborhood. He noted that changes to zoning should occur gradually rather than through significant increases in intensity at one time and encouraged the commission to deny the request. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Charlene Evans, residing across the street, stated her opposition to the proposed rezoning and raised concerns that a single roadway currently served three schools in the area, including an elementary school, the high school, and a planned charter school. She also expressed concern that the area had limited access to commercial, medical, emergency, and grocery services, with only two primary entrances to the area for so many people. Jon Paul Johnson, a resident of Summerfield, spoke in opposition to the proposed rezoning and stated that many of his concerns had already been expressed by prior speakers. He emphasized existing and future traffic issues within surrounding neighborhoods, along 12th West, and access to the rest of the city due to Highway 20. He noted that there was no near term solution for additional crossings of Highway 20 and that another crossing was unlikely for many years. He stated that recent rezonings had already allowed for the potential development of more than 500 additional residential units along 12th West, and that the current request could allow for an additional approximately 140 units under permitted zoning, regardless of the applicant’s conceptual plan. He expressed concern that even with improvements to 12th West, traffic congestion and access into the city would remain problematic. He further noted the lack of employment centers, hospitals, grocery stores, and other services on the west side of Highway 20, as well as the absence of sidewalks along much of 12th West. He stated that pedestrian and bicycle travel on 12th West was unsafe and expressed concern for families who might need to walk or bike into the city. Steve Kimpel, residing across 12th W, raised concerns about the relationship between continued population growth and transportation connectivity. He noted that while the City could make local decisions regarding the pace of residential growth, it had limited control over when or whether a future connection to 7th South would be completed. He commented that the connection to 7th South appeared to be beyond the City’s direct control and was likely a state level project.. Brent Harris, a resident of Widdison Ln, spoke in opposition to the rezoning request. He read the definition of Intermediate Residential from the Comprehensive Plan and emphasized that such areas were intended to function as complete neighborhoods with small scale services and public amenities within walking distance. He stated that, in his view, the proposed location did not meet that intent, noting the lack of nearby amenities or walkable services. He expressed concern that the Intermediate Residential designation was not being applied appropriately in this case. Tyler Barton, residing on Green Willow Dr, spoke in opposition to the proposed rezoning. He expressed concern that the request represented a significant change from existing land use expectations and questioned why lower density options, such as LDR1, were not being considered. He noted that the Willow Brook subdivision already had 14 (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org undeveloped lots that could add traffic to Twisted Willow and stated that the proposed rezoning would further increase traffic on an already impacted street. He acknowledged that growth in Rexburg was inevitable but expressed concern that development was occurring ahead of necessary infrastructure improvements, particularly along the 12th West corridor. He described traffic conditions near schools as congested and stated that additional development could raise safety concerns. He concluded by urging the City to address road and infrastructure improvements before approving additional rezoning requests and thanked the commission for their time. Jordan Tait, residing on Twisted Willow, stated he was opposed to the rezoning, wanted to preserve the quiet nature of his street, and requested to not allow Twisted Willow to be extended into the new development. He emphasized the importance of maintaining areas in Rexburg specifically designated for owner occupied, single family homes, noting that a large percentage of housing in Rexburg consisted of rental properties. While acknowledging the property owner’s right to develop or sell the land, he questioned the necessity of increasing the zoning to LDR2 or LDR3 and expressed concern that once approved, zoning would remain in place regardless of changes in ownership or development plans and that developers would naturally seek to maximize the value of the property under the allowed zoning. Sharee Barton, a resident of Green Willow Drive, expressed frustration that similar requests had been brought forward repeatedly over several years and stated that residents had consistently raised the same concerns. She emphasized Rexburg’s identity as America’s Family Community and stated that those within the City should determine what is allowed in the City. She expressed concern that the applicant did not live locally and acknowledged that the developer would need enough homes on the land to make the money required to build the roads and infrastructure. She noted that she had purchased her property with the expectation that infrastructure costs were accounted for. She stated that America’s Family Community should get to decide if the area will be Rentburg or Rexburg, and urged the Commission to support the City motto to have more family dwellings. Wanless Southwick, living adjacent to the property in consideration, spoke in opposition to the rezoning request. He noted that the property is currently RR2, bordered RR1, and that the LDR2 zone would negatively impact adjacent lower density properties. He stated that he would feel more comfortable with the property being zoned LDR1 rather than LDR2. He also raised questions regarding the roadway access to 12th W shown on the developers handouts, noting he understood the area to be too narrow for a road way and that right-of- way would need to be obtained. He concluded by reiterating that the development would be more acceptable if the zoning were limited to LDR1 rather than LDR2. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Leon Parson, spoke in opposition, referencing prior approvals along 12th W that could allow 500 additional homes and stated that traffic was already congested. He expressed concern that increased residential density would further worsen daily traffic conditions regardless of roadway improvements. He commented on the long term impacts of rental housing, stating that rental units tended to remain rentals, while owner occupied homes attracted a different type of resident. He emphasized what he described as a stewardship responsibility to consider the well being of current residents and the overall character of the community, and suggested the area may be better suited for a park. Neal Carter, residing on Twisted Willow, spoke in opposition to the rezone, stating that the neighborhood is still dealing with congestion from the Meadows and further development of this property would further increase traffic and funnel additional congestion into surrounding neighborhoods. Amber Coglianese, residing on Golden Willow, echoed the previously expressed sentiments opposing the rezone. Kathy Parson, residing on 12th W, spoke in opposition of the rezoning, describing the similar nearby development of the Meadows as a mistake and expressed concern that this development would be more of a problem. Jordan Tait asked a clarifying question of the applicant regarding the selection of the subject property for development. The individual inquired whether there was something specific about this parcel that led Utah Development Group to pursue it, or whether the developer had considered other properties in Rexburg or had multiple projects underway. Written Correspondence: Sharee Barton, who also spoke. Chairperson Smith closed the public input portion of the hearing at 7:35 pm. Then allowed the applicant to provide rebuttal. Rebuttal: The applicant, Marco Diaz, responded to a clarifying question regarding the selection of the subject property and provided additional context for the request. He explained that Utah Development Group initially pursued only the Birch property, but City requirements for a secondary access point necessitated connectivity, which led to the Steiner property being placed under contract. He stated that the extension of Twisted Willow was required by the City to meet access standards and that there were no feasible alternative access points. He touched on the attractiveness of the area, citing the university and new temple as indications that Rexburg will continue to grow. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Mr. Diaz explained that the Intermediate Residential designation for the portion of the property near the freeway had been established several years earlier, prior to his involvement. He stated that LDR3 was the lowest zone available within Intermediate Residential and that higher densities were possible but not being requested. He emphasized that the request was intended to align with the existing Comprehensive Plan rather than amend it. He noted that development near Highway 20 included higher density housing due to proximity to the freeway and stated that such areas often functioned as transitional or buffer zones between higher and lower density uses. Mr. Diaz acknowledged the neighborhood’s engagement with several prior requests in this area, stating that whether it was him or someone else, the area would be developed. He expressed his desire to maintain a good, amicable relationship with the neighbors. After public testimony, an audience member asked if the developer could clarify unanswered questions. A brief discussion followed regarding whether additional questions could be addressed, during which the applicant indicated willingness to answer questions. Sharee Barton raised concerns about the impact of rezoning to LDR2 adjacent to RR1 properties and the width of the road. Marco Diaz responded by explaining that road construction would comply with City standards, including required right-of-way and half-width road construction, and noted that coordination had occurred with the Public Works Director to ensure compliance. He stated that similar properties in the area had transitioned from rural residential to LDR2 and LDR3, including Summerfield. Attorney Rammell advised that the discussion was becoming site specific and reminded the Commission that the project could not be considered in their recommendation. He stated that Mr. Diaz was amenable to having conversations with individuals, but it would not be on the record. Commissioner Discussion: Attorney Rammell reminded the Commissioners to not consider site specific plans and details and to only analyze the considerations of approval for the land use action. Commissioner Thackeray clarified that the proposed rezoning did not amend the Comprehensive Plan and was consistent with its existing designations. He stated that the changes were being initiated by the landowner, who was assuming the financial responsibility for necessary improvements, and noted that the Commission’s discretion was limited so long as the request complied with the Comprehensive Plan. Chairperson Smith agreed and reiterated that the proposal did not involve high density zoning. Commissioner Thackeray further (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org clarified that the request did not allow for apartment buildings or high rise development and consisted only of low density housing. Chairperson Smith commented on Rexburg’s identity as “America’s family community” and stated that families also reside in townhomes and rental housing. She noted that most residents did not begin their lives in the community in single family homes on large lots and emphasized that townhome residents and renters were also families who contributed positively to the community. She stated that while some housing may be transitional, it still played an important role in supporting and strengthening the community. Commissioner Thackeray shared personal experience, noting that many college graduates who remained in Rexburg purchased or lived in townhomes as their first homes in the city. He stated that townhomes could be owner occupied and that while assumptions equating townhomes solely with rental housing were not relevant to the zoning decision, transitional housing options serve an important role in supporting the community. Chairperson Smith asked staff clarifying questions regarding sidewalk requirements as development occurred along 12th West. Administrator Parkinson confirmed that sidewalks would be required along any street frontage associated with new development, but full sidewalk connectivity to the university, or commercial areas would not be required. He noted that existing RR1 single family properties along portions of 12th West were not required to construct sidewalks, which could result in gaps unless the City later chose to install sidewalks for safety purposes. Chairperson Smith also commented on the presence of vacant lots within the Willow Brook subdivision, noting that the cost of building on larger lots may limit demand. It was clarified that the lack of development on those lots was due to the developer’s decision not to complete or sell them at this time, rather than a lack of interest from potential buyers. Commissioners stated that this issue was developer driven and not indicative of housing demand in the area. Commissioner Francis spoke in favor of the proposed rezoning noting that that medium and high density was appropriate near Highway 20. He explained that many communities use a step down approach to density and stated that development near the freeway was suitable for more affordable housing options. Commissioner Francis expressed concern that similar development had been accepted in other areas of the city, such as Summerfield, while opposition remained strong for this location. He characterized this as inconsistent and noted that land adjacent to the freeway was less desirable for large, single-family lots. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org He stated that the property was well suited for the proposed residential use and suggested that even higher density could be appropriate. Commissioner Francis also requested discussion among the Commission regarding conflict of interest concerns being raised by City Council when the Planning and Zoning Commission recommends approval of a land use action and if Councilmembers could have a conflict of interest. Commissioner Francis concluded by stating his support for the rezoning request, commending the applicant for his professionalism and indicating that he believed the proposal represented an appropriate use of the property. Commissioner Geddes expressed several concerns regarding the proposed rezoning. She stated that the lack of connectivity due to Highway 20 was a significant issue, noting that all traffic from the proposed development and previously approved developments would be required to funnel on 12th West. She stated that the cumulative impact of potentially more than 200 additional homes using the same corridor was concerning and raised safety and congestion issues, regardless of whether traffic accessed 12th West via Twisted Willow or other routes. Commissioner Geddes indicated support for lower density zoning, particularly LDR1, stating that a range of housing types was important for community stability. She expressed concern about the balance between owner occupied and rental housing, noting that property is taken care of differently by renters verses home owners. She also raised concerns about impacts on public schools, stating that existing schools, including Burton Elementary, were already at or over capacity and that additional housing could require busing students to other areas. Commissioner Geddes further noted the lack of nearby parks, recreational facilities, and walkable amenities on this side of town and stated that the Comprehensive Plan envisioned “communities within communities” where daily needs could be met locally to reduce traffic impacts. She questioned whether road classifications along 12th West could change as development continued and expressed concern that infrastructure improvements might lag behind growth, creating a “cart before the horse” situation. Commissioner Thackeray responded by noting that the Commission did not consider ownership versus rental status when evaluating zoning requests, as the specific project could not be considered at the rezoning stage. Attorney Rammell clarified the criteria the Commission was required to consider in its deliberations. He stated that while long term land use patterns and general policy considerations were relevant, generalized assumptions, such as claims that renters take less care of property than owners, were not appropriate factors (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org for consideration. He emphasized that such statements were subjective generalizations and should not influence zoning decisions. Attorney Rammell also addressed questions regarding conflicts of interest. He explained that, under Idaho law and applicable case law, a conflict of interest existed only when a decision maker had a direct financial interest in the outcome of the matter being decided. He cited Idaho Code § 74-404 and clarified that hypothetical or indirect impacts, such as potential effects on a profession or business sector, did not constitute a legal conflict of interest. He noted that this is why the Chairperson asked commissioners to disclose any conflicts and offered to discuss the issue further if additional questions arose. Commissioner Muir inquired about the zoning for the Summerfield development. Administrator Parkinson clarified that the Summerfield development was zoned a combination of LDR2 and LDR3 and had been developed as a Planned Unit Development (PUD), which allowed greater flexibility and, in some areas, higher effective density than standard LDR zoning. He explained that within a PUD, density could be redistributed across the site by clustering smaller lots in exchange for amenities such as open space, pathways, or recreational areas, provided the overall approved density was not exceeded. Commissioner Geddes noted that portions of Summerfield zoned LDR2 functioned at densities comparable to LDR3 due to the PUD, while some areas zoned LDR3 functioned at lower densities similar to LDR2 or even LDR1. Administrator Parkinson confirmed this and cautioned that zoning labels alone could be misleading without considering the PUD context. Discussion followed regarding the concept of “step down” density. Administrator Parkinson explained that step down development was typically evaluated from the city’s core, Main Street, outward, rather than strictly along roadway corridors. In this framework, higher density uses were concentrated near the city center, with progressively lower densities toward the edges. Administrator Parkinson also addressed traffic concerns, stating that transportation engineers reviewed all applications for impacts on roads, utilities, and services. While acknowledging that traffic changes were inevitable with growth, staff noted that 12th West had greater capacity and more available solutions than other parts of the city already experiencing failing conditions under the transportation plan. Administrator Parkinson advised the Commission that rezoning decisions should be evaluated in the context of the city as a whole, including whether the proposal was detrimental to the broader community and whether it aligned with ongoing development patterns. He emphasized that the Commission was expected to rely in part on the professional expertise of City staff, particularly engineering staff, in evaluating infrastructure capacity. It was stated that (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org engineering review addressed the availability of sewer and water service and ensured that roadway systems would function at an acceptable service level, even if not ideally, in accordance with City standards. MOTION: Motion to recommend City Council approve rezoning the property at approximately 401 S 12th W from Rural Residential 2 (RR2) to Low Density Residential 2 (LDR2) and Low Density Residential 3 (LDR3) because it meets city requirements and is in accordance with the Comprehensive Plan. Action: Approve, Moved by Brian Thackeray, Seconded by Vern Muir. Commissioner Discussion on the Motion: none VOTE: Motion carried. (Summary: Yes = 5, No = 1, Abstain = 0). Yes: Sally Smith (Chairperson), McKay Francis, Brian Thackeray, Vern Muir, Dan Hanna No: Tammy Geddes Abstain: none Chairperson Smith and Attorney Rammell thanked everyone for their participation, comments and being respectful. Heads Up: May 7th: none 5. Adjourned at 8:13 PM.