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Planning & Zoning Commission

Regular Meeting

Pocatello, ID · September 11, 2024

AgendaMinutes

Minutes

MINUTES CITY OF POCATELLO PLANNING & ZONING COMMISSON MEETING SEPTEMBER 11, 2024  6:00 PM COUNCIL CHAMBERS | 911 N. SEVENTH AVENUE Chair Phillips opened the meeting at 6:30 p.m. 1. ROLL CALL. Present: Eugene Bartu, Benjamin Gomez, Adam Geyer, Marjanna Hulet, Annie Mendoza, Richard Phillips, and Desirea Valladolid. Staff: Matthew Lewis, Aceline McCulla, and Brent McLane. 2. APPROVE MINUTES. The Commission may wish to waive the oral reading of the P&Z clarification and regular meetings minutes held August 14, 2024, and to approve the minutes as written. It was moved by M. Hulet and seconded by A. Geyer to approve the meeting minutes held August 14. Those voting in favor were Bartu, Gomez, Geyer, Hulet, Mendoza, Phillips, and Valladolid. Motion passed unanimously. 3. WORK SESSION. A. OPEN MEETING LAWS TRAINING. Anne Nichols, Administrative Services Manager, will provide training on the State of Idaho’s Open Meeting Laws. Anne Nichols addressed the following items were discussed: Attendance expectations, more than three excused or unexcused absences may lead to removal from the P&Z, a quorum requires four members in the Council Chambers to begin and or maintain the meeting, a 24-hour notice to be excused is required prior to the meeting time, or you will be marked as unexcused per State Code; Serial Meetings establish a quorum outside of a public meeting outside of Council Chambers between P&Z members and includes any topic that may come before the P&Z. Agenda details contain date, time, meeting location, and details for each agenda item, if a Public Hearing item must state (ACTION ITEM) and agenda must be posted on the website no later than 48 hours prior to the meeting date; Open Meeting lets the public attend but not speak, Public Hearing is a quasi-judicial meeting and open for public comments on that application item; Penalties were discussed for serial meetings and open meeting laws violations and criminal charges/penalties; Phones Use during public meetings is not allowed, to avoid having your phone requested for a public records, because the public thought you had communications during a decision item. Personal Information is projected, only your name and Commission term is given, except the Chair. Public Media Policy directs members to contact staff or Marlise Irby, PIO for assistance or let staff know you spoke with the media and topic. If you comment on social media, add a disclaimer to your comment that “this comment is not the opinion of the City or P&Z.” B. TRAINING OF P&Z MEMBER DUTIES AND EXPECTATIONS. Brent McLane and Matthew Lewis will provide training of the roles and expectations of a P&Z member. McLane began with introductions of staff and P&Z members. A training Video on Local Land Use Planning Act (LLUPA) was presented to the Commission from the Idaho Planning Resource Library, click the following link: https://www.youtube.com/watch?v=6Lme8Vs6LFk to view the video. 4. ADJOURN. With no other business, Phillips closed the meeting at 8:07 PM. Submitted by Approved on December 11, 2024 Aceline McCulla, Secretary Planning and Zoning Commission 9.11.2024 Meeting Minutes Page 1 of 1

Agenda

AGENDA CITY OF POCATELLO PLANNING & ZONING COMMISSON MEETING SEPTEMBER 11, 2024  6:00 PM COUNCIL CHAMBERS | 911 N. SEVENTH AVENUE City Hall is accessible to persons with disabilities. Program access accommodations may be provided with two (2) days’ advance notice by contacting Skyler Beebe at sbeebe@pocatello.gov; 208.234.6248 or 5815 South 5th Avenue, Pocatello, ID. The Planning & Zoning Commission is a citizen advisory group to the City Council. They are charged with making recommendations concerning land use plans, planning processes and/or on matters of plan implementation. All regular meetings of the P&Z Commission are recorded for record retention and transcription. The following is the official agenda of the Planning & Zoning Commission. Discussion and Commission action will be limited to those items on the agenda. Any citizen who wishes to address the Commission shall first be recognized by the Chair, and shall give his/her name and address for the record. If a citizen wishes to read documentation of any sort to the Commission, he/she shall first seek permission from the Chair. Oral testimony may be restricted to no more than 3 minutes per person. 1. ROLL CALL AND DISCLOSURES. Disclose who was talked to, the basic substance of the conversation, and whether the conversation had any influence. Disclose if there is anything personally or professionally that would not allow an impartial or unbiased decision. Disclose if a site visit was done, location(s) of the visit, and what was seen. 2. APPROVAL OF MINUTES. The Commission may wish to waive the oral reading of the P&Z clarification and regular meeting minutes from August 14, 2024, and to approve the minutes as written. (ACTION ITEM) 3. WORK SESSION. A. OPEN MEETING LAWS TRAINING. Anne Nichols, Administrative Services Manager, will provide training on the State of Idaho’s Open Meeting Laws. B. TRAINING OF P&Z MEMBERS DUTIES AND EXPECTATIONS. Brent McLane and Matthew Lewis will provide training of the roles and expectations of a P&Z member. 4. ADJOURN. MINUTES CITY OF POCATELLO PLANNING & ZONING COMMISSON CLARIFICATION MEETING AUGUST 14, 2024  6:00 PM COUNCIL CHAMBERS | 911 N. SEVENTH AVENUE Phillips called the meeting to order at 6:02 PM. 1. ROLL CALL. Present: Eugene Bartu, Adam Geyer, Marjanna Hulet, and Richard Phillips. Staff: Jim Anglesey, Aceline McCulla, and Merril Quayle. 2. DISCUSSION TO CLARIFY ITEMS ON THE P&Z MEETING AGENDA FOR AUGUST 14, 2024. The Commission and staff discussed the agenda items. 3. ADJOURN. With no further discussion, Phillips closed the meeting at 6:11 PM. Submitted by: Approved on: Aceline McCulla, Secretary Page 1 of 1 MINUTES CITY OF POCATELLO PLANNING & ZONING COMMISSON MEETING AUGUST 14, 2024  6:30 PM COUNCIL CHAMBERS | 911 N. SEVENTH AVENUE Rich Phillips opened the meeting at 6:30 p.m. 1. ROLL CALL AND DISCLOSURE OF CONFLICT OF INTEREST, EX-PARTE COMMUNICATION AND SITE VISIT. Disclose who was talked to, the basic substance of the conversation, and whether the conversation had any influence. Disclose if there is anything personally or professionally that would not allow an impartial or unbiased decision. Disclose if a site visit was done, location(s) of the visit, and what was seen. Present: Eugene Bartu, Adam Geyer, Marjanna Hulet, and Richard Phillips. Staff: Jim Anglesey, Aceline McCulla, and Merril Quayle. Bartu stated he made a site visit to agenda items 4, and 5, and had nothing else to report. Geyer had nothing to report. Hulet stated she made a site visit to agenda items 4, and 5, and had nothing else to report. Phillips stated he made a site visit to agenda items 4, and 5, and had nothing else to report. 2. APPROVE MINUTES. The Commission may wish to waive the oral reading of the P&Z clarification and regular meetings minutes held July 17, 2024, and to approve the minutes as written. It was moved by M. Hulet and seconded by A. Geyer to approve the meeting minutes as written from July 17, 2024. Those in favor were Bartu, Geyer, Hulet, and Phillips. Those against were none. Motion passed unanimously. 3. ELECT PLANNING AND ZONING COMMISSION CHAIR AND VICE CHAIR. The Commission may wish to appoint a Chair and Vice Chair through term ending October 9, 2025. (ACTION ITEM) Hulet nominated Rich Phillips for Chair and Adam Geyer for Vice Chair. It was moved by M. Hulet and seconded by A. Geyer to appoint Rich Phillips as Chair and Adam Geyer as Vice Chair. Those voting in favor were Bartu, Geyer, Hulet, and Phillips. Those voting against were none. Motion passed unanimously. 4. PUBLIC HEARING: ZONE MAP AND FUTURE LAND USE MAP AMENDMENT – FILE MA24-0002 This time has been set aside for the Commission to hear comments from the public regarding the zone map and future land use map amendment application request by Gate City Builders, represented by Sunrise Engineering, to rezone the property located at 2806 S. 5th Avenue to change the designation of the subject property on the City’s future land use map from Commercial (C) to Mixed-Use (MU) and to rezone the subject property from Commercial General (CG) to Residential/Commercial/Professional (RCP). (ACTION ITEM) (Quasi-Judicial Public Hearing) Phillips opened up the public hearing at 6:34 PM. The applicant was not present. Long-Range Sr. Planner Jim Anglesey of the City of Pocatello summarized the staff report. No written comments were received regarding this application. P&Z 8.14.2024 Meeting Minutes Page 1 of 3 Staff concludes that the proposed zoning and future land use map amendments are compliant with Pocatello City Code Section 17.02.120.C and 17.02.170.E. A full analysis is detailed within this staff report. Should the Commission recommend approval of the subject application, staff recommends the following conditions: 1) The subject parcels shall be given a future land use map designation of Mixed-Use (MU) from Commercial (C); 2) The subject parcels shall be given a zoning designation of Residential/Commercial/Professional (RCP) from Commercial General (CG); 3) Any standards/regulations not herein noted but applicable to the proposed development shall be strictly adhered to; and 4) Any activity requiring a separate development or building permit shall comply with applicable regulations. Geyer asked Anglesey how many parcels are on this property. Anglesey stated four. Phillips opened the meeting for public comment at 6:38 p.m. Those in favor, uncommitted, and opposed: none With no public comments, Phillips closed the public hearing at 6:39 PM. Discussion between Commission members ensued. It was moved by M. Hulet and seconded by A. Geyer to recommend approval of the zoning and future land use map amendment application from Gate City Builders to change the designation of the subject property on the City’s future land use map from Commercial (C) to Mixed-Use (MU) and to rezone the subject property from Commercial General (CG) to Residential/Commercial/Professional (RCP), finding the application does meet the standards for approval under sections 17.02.120.C and 17.02.170.E of Pocatello City Code, with the conditions listed in the staff report, and to authorize the Chair to sign the Findings of Fact & Recommendation. Those voting in favor were Bartu, Geyer, Hulet, and Phillips. Those voting against were none. Motion passed unanimously. 5. PUBLIC HEARING: ZONE MAP AND FUTURE LAND USE MAP AMENDMENT – FILE MA24-0001 This time has been set aside for the Commission to hear comments from the public regarding a zone map and future land use map amendment application request by Emily Stark of PERM Properties, LLC, represented by Stewart Ward of Dioptra, LLC, to change the designation of the property located at 906 E. Elm Street on the City’s future land use map from Residential (R) to Mixed-Use (MU) and to rezone the subject property from Residential Medium Density Single- Family (RMS) to Residential/Commercial/Professional (RCP). Phillips opened the public hearing for public comment at 6:40 PM. Stewart Ward of Dioptra LLC summarized the application materials provided in the agenda. There is a duplex on the property currently. This request fits in with the surrounding neighborhood uses. Long-Range Senior Planner Jim Anglesey of the City of Pocatello summarized the staff report. No written comments were received regarding this application. Staff concludes that the proposed zoning and future land use map amendments are compliant with Pocatello City Code Section 17.02.120.C and 17.02.170.E. A full analysis is detailed within this staff report. Should the Commission recommend approval of the subject application, staff recommends the following conditions: 1) The subject parcels shall be given a future land use map designation of Mixed-Use (MU) from Residential (R); 2) The subject parcels shall be given a zoning designation of Residential/Commercial/Professional (RCP) from Residential Medium Density Single-Family (RMS); 3) Any standards/regulations not herein noted but applicable to the proposed P&Z 8.14.2024 Meeting Minutes Page 2 of 3 development shall be strictly adhered to; and 4) Any activity requiring a separate development or building permit shall comply with applicable regulations. Phillips asked staff if the existing building on the property will need to be addressed. Anglesey stated it would be rezoned with this request. Anglesey also clarified parking for multi-family units, duplexes, and single family, as well as setbacks, will comply according to the new zoning designation. Phillips opened the hearing for public comment at 6:46 PM. Those in favor, uncommitted, and opposed: none. Rebuttal: Ward clarified the existing building would be grandfathered and new units would follow current zoning. Anglesey clarified that the RCP zoning for residential would fall to high density guidelines. With no public comments, Phillips closed the public hearing at 6:50 PM. Discussion between Commission members ensued. It was moved by M. Hulet and seconded by A. Geyer to recommend approval of the zoning map amendment application from PERM Properties, LLC to change the designation of the subject property on the City’s future land use map from Residential (R) to Mixed-Use (MU) and to rezone the subject property from Residential Medium Density Single-Family (RMS) to Residential/Commercial/Professional (RCP), finding the application does meet the standards for approval under sections 17.02.120.C and 17.02.170.E of Pocatello City Code, with the conditions listed in the staff report, and to authorize the Chair to sign the Findings of Fact & Recommendation. Those voting in favor were Bartu, Geyer, Hulet and Phillips. Those voting against were none. Motion passed unanimously. With no other business, Phillips closed the meeting at 6:51 PM. Submitted by Approved on Aceline McCulla, Secretary P&Z 8.14.2024 Meeting Minutes Page 3 of 3

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