HomeMy WebLinkAbout12.05.19 P&Z Minutes_exppdf
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City Staff and Others:
Scott Johnson – Economic Development
Stephen Zollinger – City Attorney
Natalie Powell – Compliance Officer
Tawnya Grover – P&Z Administrative Assistant
Chairman Rory Kunz opened the meeting at 6:30 p.m.
Roll Call of Planning and Zoning Commissioners:
Present: Chairman Rory Kunz, Bruce Sutherland, Melanie Davenport, Steve Oakey, Vince
Haley, Keith Esplin, David Pulsipher, Todd Marx.
Absent: Greg Blacker, John Bowen, Kristi Anderson.
Minutes:
From Planning and Zoning meeting – November 7, 2019
MOTION. Motion: Motion to approve the minutes for November 7, 2019, Action: Approve,
Moved by Keith Esplin, Seconded by David Pulsipher.
VOTE. Motion passed (summary: Yes = 7, No = 0, Abstain = 1).
Yes: Bruce Sutherland, Chairman Rory Kunz, David Pulsipher, Keith Esplin, Steve Oakey,
Todd Marx, Vince Haley.
Abstain: Melanie Davenport.
Public Hearings:
1. 6:35PM –Downtown Rexburg District Strategic Vision and Development Blueprint 2050 (19-00726)
– Guiding goals and objectives for downtown development. (action) – Scott Johnson
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020
Fax: 208.359.3022
www.rexburg.org
Planning & Zoning Minutes
December 5, 2019
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Steve Oakey asked about the results of the community meetings. The results of the community
meetings will be part of today’s discussion.
Staff Report: Economic Developer Scott Johnson –This project has been in progress for a
year and a half. The things we talk about should not be new. There have been some public
meetings with the Commissioners, City Council and with downtown business leaders. Some of
the Commissioners attended; we appreciate that. There was a lot of good feedback. The most
important thing to understand is we are setting up the framework to be adopted into our next
Comprehensive Plan, specifically for the downtown area. In the 3rd paragraph, this does not
seek to limit or bind any future planning efforts. It also does not seek to regulate any future
actions; it is only a vision document. The visions will describe what the City ant icipates to see in
the downtown area. Chairman Rory Kunz asked Scott Johnson to remind the Commissioners
of the location of the downtown boundaries: 2nd W to 2nd E and 2nd S to 1st N about a 12-block
area and it does include certain frontages of certain b locks. On the GIS map, the downtown
area can be seen. This is a culmination of a lot of planning efforts. In 2004, a big effort was
made to look at the downtown. Every planning after this has included a large component of
downtown. Commissioner Bruce Sutherland clarified; the downtown focus began before
2004, in 2001. Even the Parks and Trails plans talk about the downtown: how do they get to
the downtown and how do they get away from it? Downtown Revitalization Plan in 2004, the
Comprehensive Plan and the Teton View Regional Plan call out Rexburg’s downtown, also
Envision Madison.
Why do you like Rexburg? Weather, etc.
Why do businesses want to be in the city center? People only think of Main Street
when we say “downtown”, this is why the term “city center” is being used. Answers
included amenities, access to talent, government, proximity to BYU-Idaho, people
coming in to our community.
Why is the city center important? (List on a slide.) Commissioner Keith Esplin
sees the answer, center for jobs. He does not feel the city center has more jobs than
other places in the city. A trend Scott is seeing in Economic Development, according to
Census data and Department of Labor data, there are just under 3,460 jobs in the city
center and 8,000 people visit during the day. More companies are looking to locate in
the city center.
What do property owners want? Public answers include fewer restrictions, lower
barriers, more parking, more traffic, more businesses and retailers, more tenants.
Parking is an interesting theme throughout the process; people list parking as both a
strength and a weakness in the downtown.
What are the City Center’s strengths? Stakeholders and residents mention a cultural
venue, tabernacle, Romance Theatre; room for growth; Walkability, they appreciate
efforts to increase the walkability. On Main Street, we average 23,000 cars/day. There is
a lot of pedestrian movement that is not measured. Proximity to BYU-Idaho and
parking.
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What is the City Center lacking? Parking, it is not right in front of the store. No
focal point, more talent based in the City Center, visitors and shoppers to stay in the
Center; right now they are coming to one destination and leaving. A draw to bring
visitors from the highway to the City Center. Affordable entertainment to appeal to
many different demographics.
Keith Esplin says in some bigger cities, they are putting in high -density housing in the
downtown, which keeps people there and the center is vibrant at night. Is this a priority? Scott
answered, yes, this is a focus. Commissioner Melanie Davenport found it interesting no one
mentioned food establishments and restaurants or the lack thereof in the City Center. Someone
did, but Dan showed a map of the businesses in the downtown and people were in shock by
how many restaurants in the Center. People realized there were more than they thought, but
there are some more opportunities. Commissioner Steve Oakey reminded the Commissioners
to keep in mind the Trax system in Salt Lake, which is a heavily subsidized, under-utilized
transportation system available for Salt Lake City residents. The heavily densified housing areas
in downtown correspond with the Trax system, because they have a policy (found in Utah
Stories); those units will target middle to high income, single people; families do not want to live
downtown. The government is subsidizing this housing for people who would generally be able
to afford housing anyway. The government is providing transportation ; why would a private
entity provide it? When the demand comes, the market will fill the demand. Fortunately, we
only have the Wal-Mart bus and Ivy transportation.
Scott Johnson continued with the sections in the document: he read the vision statement: The
Rexburg City Center will be a community and regional hub for economic growth and prosperity strengthening
commercial, entertainment, cultural and public assets and creating a prosperous city. Please tell us if you feel
something needs to be added in or taken out.
This effort was started with Craig Rindlisbacher and Scott’s department is filling in the gaps until
Alan Parkinson is up and running. They have taken a 12-paragraph section and shortened it to
the vision statement.
Strategies:
1. A City Center should be an attractive and walkable place. People should want to be in the City
Center. The more eyes on the street, the safer and more desirable a street is.
The City can focus on infrastructure with lighting, seating and how the building s interact
within the space. The intent is to make it a destination and encourage visitors to go to
multiple places in the downtown, because the environment is inviting.
2. Diversity of economic uses. The housing is a part of it. Successful downtowns have a
combination of uses. He went to Indianapolis. The downtown was well designed and
people were there until about 5:30pm and then the downtown became a ghost town. No
one was living in the downtown. Some events bring people to the downtown, like an
NBA game and some restaurants had some activity, but many of them suffered. How
can we be inclusive of uses in the downtown ?
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3. Encourage business. Focus on making it feasible for businesses to be in the downtown.
This makes a business more viable. One of the things that hurt cities is too much sprawl
and spread out infrastructure.
4. Promote an attainable City Center. Normally what you hear is affordable. The word
affordable is not what we believe should be used. No matter who you are, we want
anyone to be able to live there. Size, cost, etc. Some of this will be driven by the
market, but how can this be encouraged? What can be done to encourage all levels of
developers?
5. Improving government regulations and processes ; lessening, simplify. An example is a developer
comes in and the Public Works Director requires them to do a few studies like traffic,
sewer & water, etc. In areas like this, should the city pay for the studies in advance so
the developers do not have to?
Scott Oakey asked if there is a lawful requirement for those studies to take place? Scott
answered this a legal question. Steve continued with an example, someone is going to build a
200-room complex, with 2 bathrooms and a kitchen. It seems to him there should be a
common formula that is used. Based on the information and the number of gallons running
through the building, a rough calculation should be able to be determined. Why is there a need
for a study? I would be asking the developer, are you going to provide parking for your
customers? How many cars do you anticipate? The answer would determine the likely number
of cars that would be on the road. This is why Steve is asking if there is a State or Federal
requirement. Scott did not have an answer and the attending attorney, Rob, would have to
check on the answer to this question. Ultimately, Public Works does not have the time and staff
to do the studies. Steve stated he bets Johnny Watson could do the same calculations, because
he has the software to do them. Scott answered we do know the engineering firms that do the
studies and share the information with the City. In the downtown, the City believes the City
should participate in those studies. We have talked about uses in past discussions and how can
we simplify our zoning? Scott and Alan were talking about some things that they are looking at
changing with a developer. The developer suggested if those changes were made, he might be
able to do something in the downtown; this make the downtown a viable option. These types
of things are what the City is looking at to incentivize people.
Commissioner Vince Haley said this is a vision, is the vision going to be changing regulations?
The regulations will come next to the Planning & Zoning Commission to support this vision.
We are probably looking at January for that presentation. Scott continued, some of these
regulation ideas, the Commission has already been introduced; the types of ideas the City is
considering including form-based regulations.
6. Identify Key Projects. When we look at the City of Rexburg and the land off the tax rolls,
we look at things we can do to get some of that land out of our hands and into the
hands of developers to get that land back on the tax rolls. A mixed-use parking
structure is an option allowing the City to sell off some flat-surface parking to
developers. There is a possibility of partnering with the County to do a joint
City/County administration building. Steve Oakey mentioned the school district. The
school district owns a key piece of the downto wn and could shrink their footprint too.
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7. Establish On-Going Place Management. The City and others could share the upkeep of the
downtown. The hope is that the City could help create a downtown association that
would participate in keeping the downtown a nice place to be. Beautification.
In the document, the strategies are broken down further to objectives and action items.
Steve Oakey talked about a barrier to entry of impact fees and the option of potentially
spreading that cost out over time. He was talking to a builder and he mentioned these impact
fees. We become accustomed to doing things a certain way, but from time to time, I hear the
impact fees are discouraging. Perhaps, we could put some ideas towards this issue. Scott is
trying to encourage businesses and he has to understand why we have impact fees. There is a
difference between impact fees verses connection and capacity fees. There are 4 impact fees:
police, fire, parks and streets. Connection and capacity fees are for sewer and water; these are
standard anywhere you go. If you are commercial, you do not pay the parks portion; only
residential does. Generally, the state limits the ability of the cities to raise the overall levy rate a
certain percentage. It became important for the City to do impact fees. Impact fees can be
placed on the backs of everyone through taxes or you place that cost on the backs of the
developers to pay for that impact. Keith Esplin asked isn’t the impact less in the downtown,
because sewer and water lines are in place in the downtown? It seems a business going in
downtown should pay less impact fees than those going in on the periphery of town. Stephen
Zollinger, City Attorney, is looking into this: once adopted by State statute, does the city have
the ability to change them in certain areas? Scott suggested perhaps the adjacent infrastructure
does not need to be upgraded but the plants themselves do to handle the volume. The City is
exploring a variety of possibilities. Melanie Davenport asked about water and sewer capacities
as it refers to the developers who do multi-use with housing; the problem is still consistency in
occupancy. The City has been working with a developer, who is looking at going in to the
downtown and asked them to come back with some numbers; they came back with the numbers
and the numbers may be skewed. The City is going to partner with the developer to do a
complete market analysis. This will help the City understand what is going on. Community
housing keeps filling, but only in certain segments but including, restaurants and services.
Melanie feels like this is a good time to take this initiative.
Steve Oakey is working with Graffiti Salon and the issues of impact fees came up to get their
licensing in order. Apparently, there is a formula for hair salons. If there is a large fee due up
front, why can’t this be stretched over a series of months or years. In many of the downtown
buildings, there are many small entrepreneurs under budget constraints. Downtowns typ ically
have some character to them due to the nature of entrepreneurs coming and going. Dan was
just saying the property owner is impacted, not necessarily the business owner. Impact fees are
going through a study right now. You can always contact Matt Neilson and Keith Davidson for
more information.
Vince Haley asked if there is an effort to keep historical buildings? Scott has not heard much
of this, due to the flood taking many of them. The government has purchased several remaining
historical buildings like the Tabernacle and the Romance Theatre. Right now, it would be up to
the property owner. If we had an intact historical district, we might look at this; our historical
buildings remaining are really spread out. Steve Oakey thinks it is interesting that the private
owners have taken this upon themselves. Brad and Sheri Smith refurbished and took the 50s &
60s façade off and exposed the original building. John Webber, Bingham and Sons did the same
thing. Other businesses are following the same pattern. They see the value in the building
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underneath. The City has an incentive, a revolving loan fund, to take the facades back to the
original. The City does not feel they should be forcing this; it is not in the downtown vision.
Melanie Davenport thinks the shift from affordability to attainability is a mind -shift and is
multi-faceted. The thought is how do you make the City Center accessible to a multitude of
people? Vince believes the City is taking a step back and allowing the downtown association.
The people cannot be forced to change unless they choose to change even with the association.
Is the City going to approach them? Beauty is in the eye of beholder. He is not going to
approach all of them. Scott talks to them about relocating and changing the look, but not
forcing. Scott will not approach everyone, but he talks to some that may have things falling off
their facades. Natalie Powell talks to them a little bit more, at least to put their façade back
together.
Chairman Rory Kunz asked the Commissioners if they had any conflicts of interest or had
been approached by any parties relative to this particular subject. If you believe your prior
contact with respect to this subject has created a bias, you should recuse yourself, other wise at
this time please indicate the nature of your conversation or contact.
Chairman Rory Kunz reviewed the public hearing procedures.
Chairman Rory Kunz opened the public input portion of the hearing at 7:30 p.m.
Favor: None
Neutral: None
Opposed: None
Written Input: None
Rebuttal: None
Chairman Rory Kunz asked if anyone else would like to speak? He closed the public input
portion of the hearing at 7:30 p.m.
Vince Haley asked the Chairman if this was a decision that needed to be made tonight? He
knows the Commissioners have been given drafts in the past. Chairman Rory Kunz said he
knows the process is trying to move forward. Bruce Sutherland stated this is not a binding
document right now but a series of meetings that consider advantages of this document.
MOTION: Motion to recommend approval by City Council of the Downtown Vision
document to be placed in the Comprehensive Plan due to the fact this is a Blueprint document ,
which does not change our zoning, and due to the fact this is the culmination of a series of
meetings to stress the importance of the City Center, Action: Approve, Moved by Bruce
Sutherland, Seconded by Keith Esplin.
Commission Discusses the Motion:
Scott stressed this document creates a path forward with regulation to follow. Chairman Rory
Kunz asked what Vince Haley’s opinions or hold-ups are on this document? Vince lots to ask
all kinds of questions, but with the newer draft and with limited time to look through the
document prior to this meeting, he wants some assurity of the City’s motivations and the
implications of passing the document. Vince Haley is comforted by the fact this is not a
regulatory document at this time. Steve Oakey would vote in favor of it as well, but when
government writes something like this, it tends to fossilize and appears to be rules and
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regulations. He does not like the City conducting the market research; he believes private
businesses should be conducting market research. However, he wo uld vote for this request to
move it along and not get hung up in the details in this case.
Rob, acting as City Attorney, looked into if the studies are required. The City has the ability to
request the studies, but it is not required. Steve Oakey suggested simplifying this part of the
process and eliminating this cost from a developer, assuming they have an engineering or
architectural firm coming in. Scott clarified the City ends up participating in all of the studies
anyway. The Market Feasibility study participate in a larger study allows for an opportunity to
have a larger scope. Steve says what has happened is the government has extracted a job out of
the private market. The City is just looking at getting the data to help any businesses that w ant to
come in to the City. The Census information is not correct due to the number of students.
Participating in an overall study would be beneficial, giving everyone better information to use.
There was some discrepancy over the numbers suggested ear lier for jobs and people in the
downtown. This study will focus on accurate demographics.
VOTE: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Sutherland, Chairman Rory Kunz, David Pulsipher, Keith Esplin, Melanie
Davenport, Steve Oakey, Todd Marx, Vince Haley.
David Pulsipher asked if changes would be made between the Planning & Zoning Commission
to the City Council. This draft will go to City Council.
Heads Up:
December 12th – Possible continuation of Downtown Vision ; canceled (business completed)
January 2nd, 2020 – Hearing:
1. (19-00710) - 236 N 3rd E – Rezone to MDR1
2. (19-00719) – 431 S 2nd W – CUP for reduced front yard setbacks in PED, reduced parking the
PED and dormitory housing
Adjournment:
Commissioner Rory Kunz adjourned the meeting at 7:40 PM.