City Council

680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes Thursday, July 11, 2024, 7:30 PM City Council Chambers 1. Call to Order Present: Mayor Rebecca L Noah Casper, Council President Burtenshaw, Councilor Radford, Councilor Freeman, Councilor Francis; and Councilor Larsen. Also present: All available Department Directors Micheal Kirkham, City Attorney Corrin Wilde, City Clerk Absent: Councilor Michelle Ziel-Dingman 2. Pledge of Allegiance Council President Burtenshaw led those present in the Pledge of Allegiance. 3. Public Comment Jerry Struhs, Ammon, Idaho resident and co-owner of Crayster, a local crawfish cage building company, raised concerns about a park ordinance prohibiting night fishing. He noted that many fishermen have been affected. Mr. Struhs suggested that the ordinance be reviewed and security personnel informed that night fishing should be allowed. He mentioned positive feedback from Parks and Recreation and the local police department. Additionally, James Ross, who couldn't attend, provided documentation about affected individuals, which Mr. Struhs handed to the City Clerk. 4. Consent Agenda A. Airport Minutes from Idaho Falls Regional Airport (IDA) Board of Directors Meetings. 2024 April 24th and 2024 June 26th. B. Office of the City Clerk 1) Minutes from Council Meetings 2024 June 27th City Council Meeting. 2) License Applications It was moved by President Burtenshaw, seconded by Councilor Larsen to approve, accept, or receive all items on the Consent Agenda according to the recommendations presented. The motion was carried by the following vote: Aye – Councilors Radford, Freeman, Burtenshaw, Francis, Larsen. Nay – None  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes 5. Regular Agenda A. Community Development Services 1) Final Plat and Reasoned Statement of Relevant Criteria and Standards, Westridge Commercial Plaza Division No. 1, Second Amended. Councilor Larsen stated that this area is on the west side of Idaho Falls located just south of Broadway and Pancheri. The owner has requested that this be parceled into two lots. There is a road on the left side of the property that is high and this plat will define it as a road. It was moved by Councilor Larsen, seconded by Councilor Radford to accept or approve the Final Plat for Westridge Commercial Plaza Division No. 1, Second Amended and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. The motion was carried by the following vote: Aye – Councilors Larsen, Burtenshaw, Freeman, Francis, Radford. Nay - None. It was moved by Councilor Larsen, seconded by Councilor Radford to approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Westridge Commercial Plaza Division No. 1, Second Amended, and give authorization for the Mayor to execute the necessary documents. The motion was carried by the following vote: Aye – Councilors Burtenshaw, Larsen, Radford, Freeman, Francis. Nay - None. 2) Final Plat, Development Agreement, and Reasoned Statement of Relevant Criteria and Standards, Sunkissed Park Division No. 1. Councilor Larsen stated that this lot is located right next to Costco near Lincoln Road and is a long and narrow lot and it is zoned Highway Commercial. It was moved by Councilor Larsen, seconded by Councilor Radford to approve the Development Agreement for the Final Plat for Sunkissed Park Division No. 1 and give authorization for the Mayor and City Clerk to sign said agreement. The motion was carried by the following vote: Aye – Councilors Burtenshaw, Larsen, Radford, Freeman, Francis. Nay - None. It was moved by Councilor Larsen, seconded by Councilor Radford to accept or approve the Final Plat for Sunkissed Park Division No. 1 and give authorization for the Mayor, City Engineer, and City Clerk to sign said Final Plat. The motion was carried by the following vote: Aye – Larsen, Francis, Radford, Burtenshaw, Freeman. Nay - None. It was moved by Councilor Larsen, seconded by Councilor Radford to approve the Reasoned Statement of Relevant Criteria and Standards for the Final Plat for Sunkissed Park Division No. 1 and give authorization for the Mayor to execute the necessary documents. The motion was carried by the following vote: Aye – Councilors Radford, Francis, Burtenshaw, Larsen, Freeman. Nay - None.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes 3) Legislative Public Hearing-Part 1 of 2 of the Annexation and Initial Zoning-Annexation Ordinance and Reasoned Statement of Relevant Criteria and Standards for approximately 52.229 acres, South ½ of Section 10 and the North ½ of Section 15, Township 2 North, Range 37 East. Mayor Casper brought the Hearing to order and invited the applicant to present. Ms. Debra Nelson, a land use attorney at Givens Pursley LLP. 601 West Bannock Street Boise, ID. Ms. Nelson is present on behalf of the applicant. She began her PowerPoint presentation. Ms. Nelson stated that at the May 7, 2024, P&Z Hearing this application was recommended for approval with R1 zone rather than the requested R2 zoning. She stated we agreed with the staff's recommendation and report on this application and wanted to provide some additional reasoning for the R2 zoning. Slide – 1 an aerial view of the Parcel with city limits and described as being along the NE corner of 17th along 17th and near 35th and is approximately 52 acres and is contiguous to the City of Idaho Falls on the southern boundary along 17th street. Slide – 2 Future Land Use Map. Ms. Nelson explained that our parcel is designated as suburban on the Idaho Falls future land use map. It’s next to a ‘general urban’ area to the west, designed for commercial, service, and compact housing. The city envisions mixed-use centers nearby, supporting convenience and denser housing. Slide 3 Suburban Transect. Ms. Nelson clarified that the comprehensive plan encourages diverse housing in our area, including various types, price ranges, and sizes—not just detached single dwellings. Slide – 4 Allowed Uses by Zone. Ms. Nelson explained that the R2 zone allows diverse residential uses, while the R1 zone restricts to single dwellings. Without R2 zoning, this area won’t meet suburban transect requirements. Slide – 5 Land Use Efficiency (A diagram from the city’s comprehensive plan). Ms. Nelson highlighted that denser housing supports sustainable city growth. It generates higher tax revenues and improves services compared to low-density development. Slide – 6 Realizing the city’s plan for the area. Ms. Nelson clarified that the proposed R2 zoning aligns with city code standards and won’t harm neighboring properties. It supports housing diversity through smaller lot development. Ms. Nelson clarified that R2 zoning is strictly for residential use, not mixed-use, and prohibits commercial or industrial activities. She assured the New Sweden Irrigation District that setbacks and fencing will comply with easements near canals during the preliminary plat stage. She also confirmed that the R2 zoning aligns with the comprehensive plan and is not spot zoning. A traffic study supports the R2 request, ensuring high service levels at full buildout. The development will include sidewalks, road widening, and impact fees.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes Director Sanner presented the staff report for the 52-acre property, which includes parts of the 17th North right of way. The property is contiguous with the city boundaries. The Comprehensive Plan designates this property as suburban. Director Sanner read from the plan, stating that the suburban transect includes residential areas near commercial service areas, with various housing types such as single-unit dwellings, duplexes, triplexes, and fourplexes. These areas should have a mix of housing types, price points, and sizes, and may also include parks, schools, churches, and small commercial nodes. Existing road patterns and lot sizes have created low connectivity, but opportunities to improve this should be planned. He also noted that the property is included in the Airport Overlay. Director Sanner reported that the Planning and Zoning Commission reviewed the application on May 2nd. The applicant requested an R2 Zone, but the commission recommended approving the annexation with an R1 Zone instead. Director Sanner read a section of the city’s zoning code, explaining that the R1 Single Dwelling residential zone promotes a more walkable development pattern with smaller lot widths and a denser residential environment. The principal use in this zone includes single detached and attached dwelling units. It is generally located near limited commercial uses to meet daily household needs. Director Sanner read the section of the city’s zoning code for R2 zoning, which allows for smaller lots and denser residential development. The R2 zone permits 1 to 4 dwelling units and is typically located near limited commercial services to meet daily household needs. Director Sanner noted that R2 zoning is denser than R1. At the planning and zoning hearing, the commission voted 3 to 2 in favor of R1 zoning, believing it better matched the adjacent properties to the south, which are also zoned R1. The vote was not unanimous, as some felt R2 was appropriate, while others preferred even less density than R1. Councilor Francis asked if the last time we annexed an R1 was 4 years ago. Director Sanner agreed that the last approved R1 zone was the Sand Creek Estates in 2020 and was specifically requested by the applicant. Councilor Francis clarified that accessory dwelling units are allowed in both zones and asked if the standards were the same. Director Sanner confirmed they are permitted in both R1 and R2 zones. Councilor Francis noted that both zones also allow for planned unit developments (PUD) with the same standards. Director Sanner agreed, adding that PUDs require a conditional use permit and Council approval. Mayor Casper then invited anyone who wished to offer testimony to come forward. Bryon Reed 2277 North 35th West, Idaho Falls, Idaho. Mr. Reed, a county resident who owns property and businesses in Idaho Falls, expressed surprise that the county impact was not being considered, despite the property being surrounded by unincorporated land. As someone who considers the City Council to be his local government, Mr. Reed supports the city’s comprehensive plan and the planning commission’s recommendation for R1 zoning, which he believes is the right decision. However, he wants  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes to ensure any development is compatible with the surrounding area, including existing subdivisions. Mr. Reed noted that a large portion of the land will soon be placed under a 40-year conservation easement, limiting future development. Overall, while respecting the landowner’s rights, Mr. Reed wants to see the property developed in a way that fits well with the existing community. Joe Bellof 1735 N Bramble Ln. Idaho Falls, Idaho. Mr. Bellof, a resident of the Rosewood Acres Subdivision adjacent to the proposed development, expressed concerns about the buffering of the existing suburban housing. He noted that the Idaho Falls Planning and Zoning Commission had recommended R1 zoning for the development, with a requirement that the eastern 18 acres be single- family detached housing to buffer the existing homes. Mr. Bellof is concerned that this buffering requirement could be lost during the site plan approval process. The R1 zone allows for multiple attached dwellings units such as duplexes in addition to single family detached housing units and within this zone the possibility exists for a planned unit development Platt to be submitted with a density of up to eight units per acre. He requested that the City Council affirm the Planning and Zoning recommendation of R1 zone and implement guardrails to maintain the buffering requirement as a condition of annexation. Bernard Bellof 1084 N 35 W Idaho Falls, Idaho. Mr. Bellof addressed the issue of his neighbors consistently opposing more dense development in the area. He stated that his property and the surrounding area have consistently faced opposition from the neighbors against denser projects, even though they support the R1 zoning. Todd Sorenson 2895 West 17th North, Idaho Falls, Idaho. Mr. Sorenson, who lives adjacent to the proposed zoning change, argues that the new R2 zoning is not consistent with the city’s comprehensive plan. He cited the Imagine Idaho Falls document, which states the intent to avoid sudden, radical changes to neighborhoods. The surrounding properties are zoned A1 and RA-2, which allow for much lower densities of 1 dwelling per acre, compared to the proposed R2 zoning that would allow up to 17 units per acre – a 183% increase. Mr. Sorenson contended that this represents a significant, undesirable change that does not align with the rural character of the area that residents have chosen to live in. Brad George 3207 W 17th North, Idaho Falls, Idaho. Mr. George, who lives near this property, expressed concerns about the lack of infrastructure improvements made in the 30 years since the Fairway annexation. He highlighted the poor condition of roads like 17th North and the inadequacy of bridges, noting that the city’s financial constraints prevent necessary upgrades. Mr. George argued that the city’s annexation of land creates issues that become the responsibility of others, such as the need for a traffic signal at 35th and Broadway. He emphasized that these are community-wide problems, not just issues for county or city residents. Overall, Mr. George concluded that the proposed developments are inappropriate for the space, likening them to a “fish out of water.” Bryan Heyrend 3012 W Wild Rose, Idaho Falls, Idaho. Mr. Heyrend, a long-time resident of the Rosewood neighborhood, expressed concerns about the proposed housing development and its impact on the area. He emphasized his and his wife’s deep attachment to the quiet, peaceful landscape they have enjoyed for 35 years. Mr. Heyrend urged the Council to consider the neighborhood’s current character when making decisions. His primary concerns were about the safety and congestion issues on  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes local roads, particularly Old Butte Road and 17th North Road, which he believes are not equipped to handle increased traffic and density. He highlighted the dangers posed by narrow bridges, as well as the impact of construction and truck traffic. Mr. Heyrend stressed the importance of proper planning and zoning to ensure the sustainability of the neighborhood’s infrastructure. Ernie Tate 2265 N 26th West, Idaho Falls, Idaho. Mr. Tate expressed concerns about the proposed annexation and development of the property. He disagreed with the annexation, stating that the developer has the right to do anything with their property without it needing to be annexed to the city. Mr. Tate felt the annexation and development would not benefit the community, but rather only the developer financially. He also argued that the proposed high-density residential and commercial development goes against the county's comprehensive plan, as the property is currently being used for agriculture in a rural area. Overall, Mr. Tate is not in favor of the annexation and development as presented. Brin Brenson 1946 N 35th West, Idaho Falls, Idaho. Ms. Brenson agrees with keeping the area low density for various reasons that have been well stated, such as road safety and the school district being at capacity. She mentions that her son's grade is at maximum capacity and students are already being transferred from the west side to this area, so maintaining the current density would be beneficial for the systems in place. Jared Tate 1740 N Bramble Ln. Idaho Falls, Idaho. Mr. Tate expressed concern about the proposed high- density development in the area. He stated that the increased traffic has led to more trash on his property and refuted the claim that the development would not be a nuisance to neighbors. Mr. Tate described the current peaceful nature of the neighborhood, with many people walking dogs and riding bicycles, and warned that the proposed changes would dramatically alter the character of the area through increased noise, traffic, and light pollution. While acknowledging the need for more housing, Mr. Tate voiced support for R1 development and urged the City Council to consider lower-density options. He also highlighted safety concerns, sharing his personal experience of nearly being hit by a vehicle while mowing his lawn. Julin Sopkowicz 1980 N Bramble Ln. Idaho Falls, Idaho. Ms. Sopkowicz, a resident of the Rosewood neighborhood, expressed concerns about the traffic and access issues arising from the proposed new development. She noted that there would be only one narrow access point, directing all the new traffic towards 17th North. Additionally, Ms. Sopkowicz raised concerns about the impact of the dense development on public services, particularly schools. She shared her experience with overcrowded schools from a previous residence and urged the committee to consider the capacity of schools and other public services when making planning decisions. Ms. Sopkowicz emphasized the need to balance population growth with the ability of public infrastructure to support it, citing the lack of school funding and high student-teacher ratios as ongoing issues. Sherri Clark 1644 N Marchesa Ln. Idaho Falls, Idaho. Ms. Clark expressed concern that the owners and the development company do not have any concrete plans or proposals for the R2 zoning designation in the proposed annexation area. She noted that while an R1 zoning requires specific plans, an R2 zoning makes it difficult to assess the potential impact on the  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes surrounding area. She suggested that the Council consider this lack of planning before approving the annexation. Suzanne Schoonen, 2839 W Honey Suckle Ln. Idaho Falls, Idaho. Ms. Schoonen questioned whether the Council had access to the plans before making a decision. She questioned the decision-making process, suggesting that before a decision is made, the plans should be known and understood. She implied that the Council should have access to the plans before making a decision. Mayor Casper invited the applicant's representative to address the Council and offer a rebuttal if desired. Ms. Debra Nelson emphasized that consistency with the comprehensive plan was the most important criterion. Ms. Nelson explained that the proposed R2 zoning would provide an appropriate medium- density transition, as outlined in the comprehensive plans transect. She discussed developer responsibilities, such as improving roads, funding bridges, and paying impact fees, which are enabled by sustainable density levels. Planned commercial developments were also mentioned. Councilor Francis asked the City Attorney about a traffic study. Mr. Kirkham explained that traffic studies are typically done at the subdivision stage, not the zoning stage, and are not required. Predicting traffic impacts is difficult without definite plans. Director Sanner confirmed that a traffic study has not been done at this time. Councilor Larsen asked if the developer was responsible for the road along the property bordering 17th Street. Mr. Kirkham confirmed and added that the developer would also pay impact fees for the transportation network. Director Sanner explained that during annexation, they determine jurisdiction and zoning. He clarified that the city owns the Right of Way, so they are deciding on jurisdiction and zoning at this stage. Mayor Casper closed the hearing and invited the Council members to begin their deliberations. Councilor Radford emphasized his commitment to preventing sprawl and preserving productive farmland. He expressed support for transects but argued that the current proposal did not offer opportunities for growth or urban development. Councilor Freeman presented a pro and con list, acknowledging concerns about spot zoning and the compatibility of the proposal with the comprehensive plan, while also noting the benefits of annexation and the potential for improved county roads. Councilor Radford reflected on the importance of understanding the comprehensive plan and transects, as well as the need for sustainable growth that does not burden future generations. Council President Burtenshaw stated that while she supports the annexation, she is not in favor of the R2 zoning. She felt that R1 zoning would be more compatible with the surrounding area and better protects the interests of the local community. Councilor Francis expressed a torn position, acknowledging the need for efficiency in land use and density, but also the importance of protecting farmland. He noted the potential for isolation of different income groups in neighborhoods with varying densities. Councilor Larsen echoed the thoughtful nature of the comments and emphasized the importance of considering the broader context and perspectives beyond just the immediate decision at hand.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes It was moved by Councilor Radford, seconded by Councilor Larsen to approve the Ordinance annexing approximately 52.229 acres, South ½ of Section 10 and the North ½ of Section 15, Township 2 North, Range 37 East; assign a Comprehensive Plan Designation of “Suburban Transect;” and under a suspension of the rules requiring three complete and separate readings, request that it be read by title and published by summary. The motion was carried by the following vote: Aye – Councilors Radford, Freeman, Burtenshaw, Francis, Larsen. Nay - None. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3576 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 52.229 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE, AMENDING THE LEGAL DESCRIPTION OF THE CITY WITH THE APPROPRIATE COUNTY AND STATE AUTHORITIES; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. It was moved by Councilor Radford, seconded by Councilor Larsen to approve the Reasoned Statement of Relevant Criteria and Standards for the annexation of approximately 52.229 acres, South ½ of Section 10 and the North ½ of Section 15, Township 2 North, Range 37 East and give authorization for the Mayor to execute the necessary documents. The motion was carried by the following vote: Aye Larsen, Burtenshaw, Freeman, Francis, Radford. Nay - None. 4) Legislative Public Hearing-Part 2 of the Annexation and Initial Zoning of R2, Mixed Residential with the Limited Development and Controlled Development Airport Overlay Zones, Initial Zoning Ordinance and Reasoned Statement of Relevant Criteria and Standards for approximately 52.229 acres, South ½ of Section 10 and the North ½ of Section 15, Township 2 North, Range 37 East. It was moved by Councilor Radford, seconded by Councilor Larsen to approve the Ordinance establishing the initial zoning for R1, single dwelling residential with the Limited Development and Controlled Development Airport Overlay Zones as shown in the Ordinance exhibits under a suspension of the rules requiring three complete and separate readings; and request that it be read by title and published by summary; that the City limits documents be amended to include the area annexed herewith; and that the City Planner be instructed to reflect said annexation, amendment to the Comprehensive Plan, and initial zoning on the Comprehensive Plan and Zoning Maps located in the Planning office. The motion was carried by the following vote: Aye – Councilors Radford, Larsen, Burtenshaw. Nay – Francis, Freeman. At the request of Mayor Casper, the City Clerk read the ordinance by title only: ORDINANCE NO. 3577 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE INITIAL ZONING OF APPROXIMATELY 52.229 ACRES DESCRIBED IN EXHIBIT A OF THIS ORDINANCE AS R1, SINGLE DWELLING RESIDENTIAL ZONE AND THE AIRPORT OVERLAY ZONES OF LIMITED DEVELOPMENT AND CONTROLED DEVELOPMENT ZONE; AND PROVIDING SEVERABILITY, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.  680 Park Avenue City Council Meeting Idaho Falls, ID 83402 Minutes It was moved by Councilor Burtenshaw, seconded by Councilor Larsen to approve the Reasoned Statement of Relevant Criteria and Standards for the initial zoning of R1, Single Dwelling Residential as amended with the Limited Development and Controlled Development Airport Overlay Zones and give authorization for the Mayor to execute the necessary documents. The motion was carried by the following vote: Aye – Councilors Francis, Freeman, Larsen, Radford, Burtenshaw. Nay - None. 6. Announcements Council Budget Meeting on Tuesday next week from 12 pm to 5 pm. Council members have meetings this week in Boise related to the Idaho Consumer Utility Association, on July 16-18th. Annual fundraiser Great Race for Education raises thousands of dollars for the College of Eastern Idaho (CEI) foundation on Friday, July 19th at 10 am located at the Waterfront. Council Budget Meeting on July 23rd. Youth Delegation from Japan arrives on July 25th for a 12-day visit. Friday the 26th of July is City Day. Councilor Radford reminded people to check on older neighbors and individuals who may be struggling with the heat. Wednesday, July 17th President of the College of Eastern Idaho (CEI) Rick Amen's farewell party at the Downtown Event Center. The doors will open at 6 pm. The War Bonnet Rodeo Kickoff will be on Wednesday, July 31st. The main rodeo events will take place from Thursday to Saturday, August 1st to 3rd. 7. Adjournment. There being no further business, the meeting adjourned at 9:53 PM s/ Corrin Wilde s/Rebecca L. Noah Casper Corrin Wilde, City Clerk Rebecca L. Noah Casper, Mayor +