HomeMy WebLinkAboutP&Z Minutes 6.18.26(208) 359-3020
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Rexburg, ID 83440
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Planning and Zoning Minutes – June 4, 2026
P&Z Commissioners: City Staff:
Randall Kempton (Vice Chair) Alan Parkinson – P&Z Administrator
Sally Smith (Chairperson) Brian Thackeray Christina Gilman – 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 6:30 PM.
Planning & Zoning Meeting:
1. Welcome & Pledge of Allegiance
2. ROLL CALL of Planning and Zoning Commissioners:
Present: Randall Kempton (Vice Chair), Bruce Casper, Brian Thackeray, Rick Robinson,
McKay Francis, Vern Muir
Absent: Sally Smith, Aaron Richards, Jim Lawrence, Dan Hanna, Tammy Geddes
3. Approval of the P&Z Minutes for June 6, 2026 (Action)
MOTION: Motion to approve the Planning & Zoning minutes for June 6, 2026
(Action)
Action: Approve, Moved by Bruce Casper, Seconded by Brian Thackeray
VOTE: Motion carried. (Summary: Yes = 4, No = 0, Abstain = 2).
Yes: Randall Kempton (Vice Chair), Bruce Casper, Brian Thackeray, Rick Robinson
No:
Abstain: McKay Francis, Vern Muir
4. Plat – (26-00258) University Towne Center - Plat - Located at approximately 901 S
Yellowstone Hwy, the application is to subdivide the property into eight (8) lots. – Tyson
Cichos (Action)
Planning & Zoning Administrator Parkinson introduced the new Planning & Zoning
Administrative Assistant, Christina Gilman.
Conflict of Interest/Ex parte Conversation: Randall Kempton (Vice Chair) asked the
Commissioners to disclose any conflicts of interest or conversations held outside of this meeting
relative to this particular subject.
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Presentation:
Planning and Zoning Administrator Parkinson reported that the proposed plat had been
reviewed and was found to meet all applicable requirements. Staff recommended that the
Planning and Zoning Commission recommend approval of the plat to the City Council.
Administrator Parkinson then presented the final plat layout and identified its location within the
city, noting that it was situated near the future Olive Garden, Chipotle, and Café Zupas
developments.
Commissioner Robinson asked about anticipated traffic impacts and whether improvements to
University Boulevard were planned to accommodate additional traffic generated by the
development. Administrator Parkinson explained that a traffic impact study had been submitted
and that roadway improvements would be required as part of the development process.
Administrator Parkinson also noted that another plat was being processed on the opposite side
of University Boulevard and that the combined developments could result in significant roadway
improvements extending to 5th West.
Commissioner Casper inquired about ongoing site work and zoning classifications in the area.
Administrator Parkinson explained that construction activities were proceeding at the
developer’s own risk prior to final approval and clarified that the property was located within the
Community Business Center (CBC) zone, while properties south of University Boulevard were
zoned Regional Business Center (RBC).
Commissioner Francis asked about the accuracy of the listed property address and the
relationship of the site to the former Sun Pro property. Administrator Parkinson clarified that the
address was only an approximation because no official address had yet been assigned and
confirmed that the proposed plat was not located on the former Sun Pro property. Staff provided
additional orientation regarding the site’s location in relation to nearby businesses and
developments.
Further discussion focused on access points and the layout of the plat. Staff reviewed the lots
included within the plat, identified adjacent developments, and explained that multiple access
points would be available from Yellowstone Highway and internal road connections.
Administrator Parkinson indicated that the existing western access near McDonald’s was
expected to remain unless future traffic conditions warranted changes. No further questions
were raised.
No further significant concerns were raised, and the discussion moved toward calling for a
motion.
MOTION: Commissioner Casper makes a motion to accept the plat for 8 lots at
approximately 901 S Yellowstone Hwy and those lots are to be subdivided. Vice
Chair Kempton stated that we will make the recommendation to city council to
approve the plat. Commissioner Casper agreed. Vice Chair Kempton stated we will
amend that motion. Seconded by Commissioner Robinson. All Ayes...Motion
Carries.
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Action: Approve, Moved by Bruce Casper, Seconded by Rick Robinson.
VOTE: Motion carried. (Summary: Yes = 6, No =0, Abstain = 0)
Yes: Randall Kempton (Vice Chair), Bruce Casper, Brian Thackeray, Rick Robinson, McKay
Francis, Vern Muir
No:
Abstain:
5. Public Hearing – (26-00321) Basic American – Annexation – Located at
approximately 80 E 7th N, the application is to amend the city boundaries. – City of
Rexburg (Action)
Presentation:
Randll Kempton introduced the first public hearing regarding an annexation – Located at
approximately 80 E 7th N, the application is to amend the city boundaries.
Planning and Zoning Administrator Parkinson presented a proposed annexation of the Basic
American property located at approximately 80 East 7th North. Administrator Parkinson
explained that recent changes to annexation laws limited involuntary annexations to properties
that were either surrounded by the city or receiving city services. Administrator Parkinson stated
that the proposed annexation qualified under the implied consent provision because the
property was currently utilizing city sewer, water, and fire suppression services. Administrator
Parkinson reported that the annexation request had been reviewed and recommended that the
Planning and Zoning Commission recommend approval to the City Council. Administrator
Parkinson identified the parcels included in the annexation area and noted that all of the
affected parcels were owned by Basic American. During discussion, Administrator Parkinson
advised that any future motion could reference all parcels included in the application rather than
listing each parcel individually.
City Attorney Spencer Rammell addressed the Commission regarding a formal objection
submitted by counsel for Basic American Foods concerning the proposed annexation (see
attachment). The City Attorney explained that he had reviewed the objection and the applicable
provisions of Idaho Code governing annexations based on implied consent. He outlined the
statutory requirements, noting that implied consent may be established when a property is
connected to a city-owned and operated water or wastewater system and the connection was
completed before July 1, 2008.
The City Attorney reported that the property was connected to the city’s sewer and fire
suppression water systems and that documentation had been obtained confirming the
connection existed prior to July 1, 2008. Work orders from 1999 and 2007 were presented for
the record as evidence supporting the city’s position. Based on his review, the City Attorney
concluded that the statutory requirements for implied consent had been met and advised that
the city had legal authority to proceed with the annexation process.
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The City Attorney further explained that, because the annexation qualified under the implied
consent provisions of state law, the portions of the statute cited in the objection did not apply.
He noted that Basic American Foods retained the right to challenge the annexation but stated
that, in his legal opinion, the city could lawfully continue with the annexation proceedings. The
City Attorney then offered to answer questions from the Commission.
Commissioner Casper discussed the purpose of the proposed annexation and asked why the
city was pursuing the annexation at this time. Administrator Parkinson explained that previous
discussions regarding annexation had occurred in connection with a community block grant
project several years earlier, but no formal agreement had been executed. Administrator
Parkinson stated that the property was a significant community asset that generated impacts on
city infrastructure, particularly city streets used by truck traffic accessing the facility. Staff noted
that annexation would allow the city to receive property tax revenue that could help support the
maintenance and improvement of infrastructure serving the area.
The City Attorney added that the property had been utilizing city services, including sewer,
water for fire suppression, and access via city-maintained roads, while not currently contributing
property taxes to the city. He explained that annexation would allow the city to collect property
tax revenue associated with the property while continuing to provide those services.
Commissioner Thackery asked questions regarding the history of the utility connections and
whether the property owners had requested service from the city. The City Attorney and
Administrator Parkinson indicated that they believed the utility connections had been requested
by the property owner, although documentation confirming that detail was not immediately
available. The City Attorney noted that property owners are generally required to request such
services and that additional information could be provided during the City Council review
process.
Further discussion addressed the property’s wastewater disposal operations and water supply.
Administrator Parkinson explained that Basic American Foods utilized several pivot-irrigated
fields to disperse wastewater generated by its processing facility and that the company also
owned additional land in the Salem area for the same purpose. Administrator Parkinson stated
that the wastewater disposal fields were an important component of the company’s operations
and would remain under the company’s ownership. Staff further clarified that, aside from the fire
suppression connection, the facility relied on its own wells for culinary and industrial water
needs and that annexation would not affect the company’s ownership or use of those wells.
After all questions had been addressed, the Commission proceeded to the public hearing.
Vice Chair Kempton opened the public hearing at 6:58 PM on Basic American Foods
property and invited testimony from those in favor, neutral, or opposed to the proposed
comprehensive plan amendment.
No comments were offered in support of the proposal.
Terrell Westover – 994 Russell Rd., Rexburg. A neighboring property owner spoke in a
neutral capacity and asked whether the annexation would have any impact on his property,
which borders Basic American Foods. He also expressed concerns regarding odors associated
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with the facility’s wastewater disposal operations and asked whether annexation would result in
changes to those operations or make the issue the responsibility of the city.
Administrator Parkinson responded that the annexation would not result in any physical
changes to the facility’s operations, wastewater disposal practices, or water application
processes. The annexation was solely related to bringing the property within the city limits due
to its use of city services and would not alter the company’s existing operations.
The City Attorney Rammell explained that the issue of odors was not directly related to the
annexation request before the Commission. He noted that the city has nuisance ordinances and
encouraged the property owner to discuss the matter further with the city’s code compliance
officer, Natalie. Attorney Rammell further explained that existing operations would likely be
considered legal nonconforming uses, often referred to as being “grandfathered,” and that
annexation alone would not provide authority to require changes to the facility’s current
operations.
Terrell Westover asked for clarification regarding the concept of grandfathered uses and
whether the annexation would affect neighboring properties. The City Attorney provided a
general explanation of legal nonconforming uses and indicated that additional analysis could be
conducted if the annexation were approved. Staff concluded by stating that the annexation
would have no direct effect on neighboring properties. The public comment was then concluded.
During the public hearing, Doug Sakota – 1245 N 2nd E, in a neutral capacity asked whether
annexation would affect the utility rates paid by Basic American Foods and whether the
company would receive different water or sewer rates once annexed into the city. Administrator
Parkinson indicated that they did not have that information available and stated that utility billing
staff would be better equipped to answer the question. No further comments were offered.
Vice Chairman Kempton then invited testimony from anyone opposed to the annexation. No one
came forward to speak, and staff confirmed that there were no participants online wishing to
provide comment. The Chairman noted that written correspondence opposing the annexation
from Basic American Foods had previously been received and reviewed by the Commission.
Randall Kempton then closed the public hearing at 7:06 PM and brought the item back to
the Commission for discussion.
Commissioner Discussion:
Following closure of the public hearing, commissioners discussed the proposed annexation and
sought clarification regarding its impacts. Administrator Parkinson confirmed that the annexation
would not result in any physical changes to the facility, its operations, wastewater disposal
practices, or surrounding properties. The primary effect of annexation would be the inclusion of
the property within the City limits and the resulting change in property tax obligations.
Commissioner Casper also confirmed that the annexation would not affect odor concerns raised
during the public hearing. Administrator Parkinson then identified the location of the proposed
revised City boundary as shown on the annexation map.
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Discussion occurred regarding a potential motion, with the Vice Chair indicating a motion would
be appropriate if there were no further discussion. Commissioner Thackery expressed
reservations about the proposal, stating that while he understood the city’s reasoning and
acknowledged the logic behind it, they were uncomfortable with the concept of annexing
property that was not yet an island. Commissioner Thackery noted concern from the property
owner’s perspective but reiterated their understanding of the city’s position.
In response, if a business was receiving city services, it was reasonable for it to be included
within the city and contribute to the tax base. It was further noted that residents had expressed
concerns about how tax dollars were being used, and situations where city services were
provided without corresponding tax contributions could impact the city’s ability to fund
improvements and services.
Clarification was provided regarding utility payments and taxation. The City Attorney explained
that while the property owner was paying for water and sewer services through utility bills, they
were not contributing through property taxes, which fund other city services such as roads.
Commissioner Thackery acknowledged this distinction and reiterated that while the annexation
made sense for long-term planning and infrastructure funding, they remained personally
uncomfortable with it.
Administrator Parkinson provided additional information regarding the location of utility service
lines and confirmed that documentation would be included in the record to show how water and
sewer services were delivered to the property. Further discussion clarified the types of utility
lines and their functions.
Concerns were raised about future infrastructure impacts if services were extended further in
the area. The City Attorney also addressed statements made in a letter regarding the city’s
capacity to provide services, clarifying that while there would be capacity considerations, impact
and capacity fees could be assessed to accommodate additional demand. It was noted that this
issue was separate from the statutory provisions governing the annexation.
The City Attorney cited the applicable Idaho Code sections related to implied consent
annexation and noted recent legislative updates affecting annexation procedures. In response
to a question about the origin of the proposal, staff explained that discussions with the property
owner had been ongoing for several years.
Administrator Parkinson also referenced a prior annexation completed under similar
circumstances, where a property receiving city services was annexed despite not being
surrounded by the city, in order to address inconsistencies in service and jurisdiction. It was
noted that no other similar situations were currently being pursued. The Vice Chairman then
indicated readiness to proceed with a motion.
Following discussion, a motion was made.
MOTION: Commissioner Franics makes a motion to recommend to city council the
approval of the annexation of 80 East 7th North to amend city boundaries to
include these unincorporated properties of the approximate address provided as
the annexation meets legal bounds of usage according to section 50-222 and
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specifically section 2C relating to implied consent by using city services and
therefore being annexed into the City of Rexburg. Seconded by Commissioner
Casper.
Action: Approve, Moved by McKay Francis, Seconded by Bruce Casper.
VOTE: Motion carried. (Summary: Yes= 6, No= 0, Abstain= 0)
Yes: Randall Kempton (Vice Chair), Bruce Casper, Brian Thackeray, Rick Robinson,
McKay Francis, Vern Muir
No: None
Abstain: None
Commissioner Discussion on the Motion:
During discussion of the motion, a commissioner suggested including language referencing
“implied consent” to strengthen the legal clarity. The motion was restated to reflect that the
annexation qualified under Section 50-222, specifically Section 2C, relating to implied consent
through the use of City services.
6. Public Hearing – (26-00544) White Owl - Comp Plan change from IR to C – Located
at approximately 4 W Moody Road, the application is to change the comprehensive plan
designation from Intermediate Residential to Commercial. – Trellis Development/Bron
Leatham (Action)
Presentation:
Randall Kempton introduced the second public hearing regarding a Comp Plan change from IR
to C – Located at approximately 4 W Moody Road, the application is to change the
comprehensive plan designation from Intermediate Residential to Commercial.
Planning and Zoning Administrator Parkinson introduced the request of a public hearing for
a comprehensive plan map amendment requested by White Owl for property located at
approximately 4 West Moody Road. The request was to change the comprehensive plan
designation from Intermediate Residential to Commercial.
Administrator Parkinson presented the proposal on behalf of the applicant, explaining that the
request involved two parcels located near the recently developed temple site and adjacent
church property. It was noted that the applicant sought the designation change in order to allow
for future commercial development. Currently, the back lot is zoned light industrial.
Administrator Parkinson reviewed the surrounding area, identifying nearby features including
the temple, a future stake center, and adjacent church-owned property. It was noted that the
church-owned land had multiple designations and that future plans for that property had not yet
been finalized. No changes had been made to the comprehensive plan for those parcels at the
time of platting, as future uses were still undetermined.
In response to questions from Commissioner Francis, Administrator Parkinson clarified the
location of the stake center and other site features and confirmed that the applicant’s request
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would align with existing and planned development patterns. Staff further noted that the temple
use could remain under the current designation, but any future commercial or residential
development on nearby parcels would need to comply with applicable zoning and
comprehensive plan requirements or seek amendments.
Administrator Parkinson stated that staff have reviewed the request and found no reason to
deny it, recommending approval of the comprehensive plan change to the City Council.
Randall Kempton opened the public hearing at 7:25 for a comprehensive plan map
amendment requested by White Owl for property located at approximately 4 West Moody
Road.
The request was to change the comprehensive plan designation from Intermediate Residential
to Commercial. He then invited public comments, first from those in favor, then those neutral,
and finally those opposed to the proposal. No individuals came forward to speak in favor,
neutral, or opposition. It was confirmed that there were no participants wishing to speak online.
Vice Chairman Kempton inquired about any written correspondence related to the proposal.
Administrator Parkinson indicated that no formal written comments had been submitted,
although a verbal comment had been received but not formally entered into the record.
The Chair closed the public hearing at 7:26 PM and moved the item to Commission
discussion.
Commission discussion reflected uncertainty regarding the proposed comprehensive plan
change. Commissioner Thackery expressed confusion about introducing additional commercial
designations in the area, noting that the surrounding development pattern—particularly near the
temple—typically favored residential uses and questioning whether the proposal would create
an inconsistent or “hodgepodge” land use pattern.
Commissioner Francis acknowledged these concerns but noted that properties adjacent to
major roadways, including the highway, were often more appropriate for commercial or less
intensive residential uses due to noise and access considerations. Administrator Parkinson
explained that the subject property was currently designated light industrial in part and that the
proposed change to commercial could be viewed as a transition toward less intensive use.
Administrator Parkinson further clarified that the comprehensive plan represents a long-term
vision and may evolve as new developments, such as the temple and surrounding projects,
emerge. It was noted that the plan must remain flexible, as future uses of nearby church-owned
property were not yet determined. Staff also emphasized that commercial areas within
developing neighborhoods can provide nearby services and reduce travel distances for
residents.
Commissioners discussed the size and limitations of the parcels, acknowledging that large-
scale commercial development, such as big-box retail, would not be feasible and that potential
uses would likely consist of smaller-scale commercial or professional services. Concerns were
raised about one of the parcels’ proximity to existing residential properties and the uncertainty of
future uses.
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Commissioner Casper suggested tabling the item to obtain additional information from the
applicant; however, legal counsel advised that decisions on comprehensive plan amendments
must be based on the merits of the request itself, rather than speculative future development or
specific project details. It was clarified that the applicant was not required to be present and that
future zoning or conditional use permit requests would provide additional opportunities for
review.
The City Attorney emphasized that the Commission’s role was to evaluate the comprehensive
plan amendment based on established criteria, including consistency with long-term planning
goals, public welfare, infrastructure impacts, and changing circumstances. One commissioner
stated that, based on current information, the proposal appeared premature given the limited
known development in the area and expressed hesitation to support the change at this time.
The Commission observed that the lack of public comment or opposition could indicate limited
concern from nearby property owners, though the Commission remained divided as discussion
continued.
A motion was initially made to recommend denial of the comprehensive plan amendment;
however, legal counsel advised that the stated reasoning—lack of information—was not
sufficient to support a defensible decision. The motion was subsequently withdrawn.
A revised motion was proposed to recommend denial of the comprehensive plan amendment
based on concerns regarding land use compatibility and whether the proposal met the threshold
required for amending the comprehensive plan. Legal counsel encouraged the Commission to
clearly tie its reasoning to established evaluation criteria, particularly compatibility with
surrounding land uses.
Further discussion followed, with commissioners expressing differing perspectives. Some
commissioners-maintained concerns that the proposed commercial designation was not
consistent with the current development pattern and could create isolated or premature
commercial areas. Others expressed support for the amendment, noting that a mix of
commercial and residential uses could appropriately serve the developing area and provide
needed services to nearby residents.
The City Attorney reiterated that the Commission’s role was to make a recommendation based
on the applicable criteria and that the discussion would assist the City Council in its final
decision. The prior motion was withdrawn, and the Chair opened the floor for a new motion as
deliberation continued.
MOTION: Commissioner Thackery made a motion to make a proposal that we recommend
denial to City Council because amending the comp plan doesn’t go along with the community
design.
Commissioner Thackery withdraws previous motion.
General Discussion
MOTION: Commissioner Francis makes a motion that we recommend to City
Council the approval of a comp plan change from Intermediate Residential to
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Commercial at 4 W Moody Rd. because of the adjacent land use current
development and planned growth in this section I feel that it meets the appropriate
bounds to make a change to the comprehensive plan. Seconded by Commissioner
Muir.
Action: Approve, Moved by McKay Francis, Seconded by Vern Muir
VOTE: Motion carried. (Summary: Yes= 4, No= 2, Abstain= 0)
Yes: Randall Kempton (Vice Chair), Rick Robinson, McKay Francis, Vern Muir
No: Brian Thackeray, Bruce Casper
Abstain: None
Vice Chair Kempton declared that the motion carried and confirmed that the Commission would
forward a recommendation of approval to the City Council for consideration.
7. Public Hearing – (26-00541) White Owl – Rezone from LI & MDR2 to Commercial –
Located at approximately 4 W Moody Road, the application is to rezone approximately
14.24 acres from Light Industrial (LI) and Medium Density Residential 2 (MDR2) to
Community Business Center (CBC). – Trellis Development/Bron Leatham (Action)
Presentation:
Randall Kempton introduced the Rezone from LI & MDR2 to Commercial – Located at
approximately 4 W Moody Road, the application is to rezone approximately 14.24 acres from
Light Industrial (LI) and Medium Density Residential 2 (MDR2) to Community Business Center
(CBC).
Planning and Zoning Administrator Parkinson introduced the next agenda item, a public
hearing for a zone change at approximately 4 West Moody Road, the same property previously
discussed. The request was to rezone approximately 14.24 acres from Light Industrial and
Medium Density Residential to Community Business Center.
Administrator Parkinson presented the item on behalf of the applicant, stating that the proposal
had been reviewed and was found to meet the applicable code requirements. It is
recommended that the Commission forward a recommendation of approval to the City Council.
Vice Chairman Kempton then asked if there were any questions from the Commission specific
to the zone change; no questions were raised.
Vice Chairman Kempton opened the public hearing at 8:08pm for the proposed zone
change and invited public comment from those in favor, neutral, or opposed.
Initially, no comments were offered, and no participants spoke either in person or online.
Prior to closing the public hearing, Doug Sakota – 1245 N 2nd E requested to speak in favor of
the proposal. Mr. Sakota stated that he was familiar with the property owners and indicated that
the proposed commercial zoning would support the needs of residents in the nearby Homestead
development. He explained that providing nearby commercial services, such as offices or
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medical services, would be beneficial and reduce the need for residents to travel longer
distances. He also noted that planned improvements to Moody Road and connectivity to the
surrounding area would support commercial development in this location.
No additional comments were made in favor, neutral, or opposition.
Vice Chairman Kempton closed the public hearing at 8:11pm and brought the item back
to the Commission for discussion.
Commission discussion on the proposed zone change was limited. Commissioner Francis
stated that their position on the zone change was consistent with their earlier decision on the
comprehensive plan amendment and had no additional comments.
Commissioner Thackery noted that, given the Commission’s prior action recommending
approval of the comprehensive plan change, their previous concerns had been resolved. He no
longer had objections and expressed support for the proposed zone change. The Chair
acknowledged the comments and called for a motion.
MOTION: Commissioner Muir makes a motion to recommend to the City Council
the rezoning from LI and MDR2 to commercial located at approximately 4 W
Moody Rd. in accordance with the comprehensive plan. Seconded by
Commissioner Robinson. All AYES…MOTION CARRIES.
Action: Approve, Moved by Vern Muir, Seconded by Rick Robinson
VOTE: Motion carried. (Summary: Yes= 6, No= 0, Abstain= 0)
Yes: Randall Kempton (Vice Chair), Rick Robinson, McKay Francis, Vern Muir, Brian
Thackeray, Bruce Casper
No:
Abstain: None
At the recommendation of the City Attorney, the motion was amended to include that the
proposed zone change was in accordance with the comprehensive plan, as previously
recommended for amendment by the Commission.
The Chair asked for any final updates before adjournment. Administrator Parkinson indicated
that one or possibly two subdivision plats were expected for the next meeting, although they
were not yet confirmed as final. It was noted that staff were still completing final preparations
and would attempt to have the items ready for the July 2nd meeting if possible.
Staff stated that, if necessary, the items could be postponed to the following meeting, provided
doing so would not create issues for the developer. It was also confirmed that the next Planning
and Zoning Commission meeting was scheduled for July 2nd, following the July 1st City Council
meeting, which fell on a Wednesday due to the holiday schedule.
Commission members were encouraged to provide early notice if they would be unavailable for
the July 2nd meeting in order to ensure a quorum could be met. It was discussed that, if a
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quorum could not be assembled due to holiday conflicts, the meeting items could be postponed
to the subsequent meeting.
Staff provided an update on board membership, noting that one replacement had been
confirmed but would not be available until July 16th. It was further reported that the Mayor was
working to identify two additional replacements, as a total of four members were expected to be
absent by the end of the year. Staff requested continued assistance from current members
during this transition period.
There being no further business, the meeting was adjourned at 8:16pm