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HomeMy WebLinkAbout10.01.20 P&Z Minutes_exppdf 1 City Staff and Others: Scott Johnson – Economic Development Stephen Zollinger – City Attorney Natalie Powell – Compliance Officer Tawnya Grover – P&Z Administrative Assistant JOINT CITY COUNCIL/PLANNING & ZONING COMMISSION WORK MEETING: Planning & Zoning Present: Sally Smith, David Pulsipher, Kristi Anderson, Greg Blacker, Vince Haley, Jim Lawrence City Council Present: Mikel Walker, Tisha Flora, Bryanna Johnson, Chris Mann Absent: Jordan Busby Others: Brett Crandall – BYU-I Liaison, Spender Rammell – Attorney Comprehensive Plan Map designations – Alan Parkinson – In a previous meeting, designations for the Comprehensive Plan Map north of the Teton River were chosen for each of the different areas. We need to decide if we agree with the green area in the Impact boundary as Rural. Are you comfortable leaving these areas rural? Rural will include the TAG zones and Rural Residential. Tisha Flora asked for some map identification to determine what the boundaries they are voting on. The Barney Dairy Rd was identified. Hidden Valley area and the temple. Richard Smith’s property. Poleline to the South, 12th W and west of the High School. The water tower. Tisha’s neighborhood was located. The commercial designation includes RMS, Berry Oil, John Deer Equipment, then hotels, Wendy’s, McDonald’s, and Stones Town & Country. University is in blue. Yellow is low to medium density residential. Rural is the green area. The dark red line is the City boundaries and the lighter red is the border for the Impact Area. Rural is between the light red and dark red lines. Most of the Rural is in the Impact Area. The idea of rural is the buffer between agriculture and the city. The Impact Area should transition slowly. Annexation would be needed in the Impact Area. Blue along the river is Open Space and this area is largely in the floodplain. Blue includes Open Space, Public Facilities, and University. 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Planning & Zoning Minutes October 1, 2020 2 Sally Smith requested the key be explained (it is too small for the group to see). Light Yellow includes LDR1-MDR2. Low to Medium- Density is Light Yellow. MDR1-HDR2 is dirty cream. Green is Rural. Blue is Public Facilities, Open Space and University. Red is commercial. Pinkish is Industrial. Chris Mann asked about the green in the southwest that is Rural and is in the city boundaries. Alan answered this area is largely undeveloped property. Rural is anything RR1, TAG. Unless there is a written agreement, the ground can change designations. On 12th W, the city promised the land would remain rural. The challenge we run into is “never.” As Commissioners and Council, you cannot guarantee something will not change due to a change in the Council. Unless there is a written agreement that stays with the land, this is not official. Are you comfortable with the rural designation and where it is? Rory Kunz asked where 12th W is in relation to the same green southwest parcel. The roads were identified for comparison on the GIS map of the city. Motel 6 is already zoned commercial and we do not anticipate it changing back to regular residential in the next 5 to 10 years. Why are we converting it back to Rural? The green piece is just beyond 3000 in the Impact Area. Once we designate the larger areas, we will go in and refine the map for final approval. We are focusing on the general areas right now. Tisha’s home is zoned Rural Residential. Alan answered, 3 we are projecting what we believe will happen. Summerfield is LDR2 & LDR3 zoned. Alan said as the city moves and grows, we anticipate the area developing as low density and medium density housing. We are not changing zones right now. The lots would not be out of compliance with the changes today. Changing this map grandfathers the parcels in their current use. This is a future map. Changes to the Comprehensive Plan, like Thomson Farms, needed to come before these boards due to the fact there were Comprehensive Plan Map designations that did not follow parcel lines. We are staying within parcel lines. The rural remains as proposed. The next area discussed was a low to moderate residential area on the east side of the city. LDR1- MDR2. This area includes land north of Pole line. East of the temple. Hidden Valley. Barney Dairy on the north side. We anticipate residential growth in this area, especially when the East Parkway Corridor is built. The farmers in this part of the valley have shown interest in dedicating their land to the corridor. The City already owns parcels by Barney Dairy to connect to 7th N and put the bridge in the next five to seven years. The City does not see the area going higher than an MDR2. Is there any reason to go to a higher density? Randall Kempton said we want the higher density closer to the core. Alan confirmed we do want the high density closer to the core for existing infrastructure. We do not want islands of high-density scattered on the edges of town. Rory Kunz asked if we do have the residential develop, don’t we want pockets of commercial within the residential? Neighborhood markets? Alan answered the old plan did have three commercial nodes. Once the growth occurs, the Commission and Council can adjust the map. If someone comes and says there are three big subdivisions and there is nowhere for them to get gas, we may need to adjust the map. The map should be reviewed every six months to one year to adjust to changing trends and patterns. The bulk of everything is good. Kristi Andersen talked about a change on Moody Highway for a commercial node that was moved. Not right by Wal-Mart but closer to her grandmother’s. We will go back and look and make changes as needed, especially to match the changes we have made recently. The details will come before the boards for final approval. Some designations have been removed for the approved chart and the more recent changes will have to be evaluated to determine if they are in the correct designation with those changes. We will visit with the boards and the landowners for those parcels we have questions on. Tisha Flora asked if we need any HDR designation on the east side of the University. I know there are some nice neighborhoods on the east side. Rory Kunz said there is a need for high-density near the university. Vince Haley identified Abri in the commercial designation. Alan answered Abri is zoned Mixed Use, which is included in the commercial designation zones. The Commission has recommended to City Council the new PED boundaries; would you like me to keep the PED boundary medium to high-density? Vince says this makes sense. Randall Kempton confirmed the changes to the PED on the east side of the city. City Council was shown the proposed boundaries for PED. The reason for this change is the current PED overlay is almost completely developed. City Staff is receiving requests for college housing west of the University on the west side of 2nd W. The Infill/Redevelopment Overlay is also being removed. This presentation will be included in more detail next week when this proposal is on the agenda for City Council. All of the Public Facilities will also be identified in blue on the map. Vince Haley talked about 2nd E and the Adams Elementary. Adams Elementary is one of the properties that will be Public Facilities. Kristi Andersen says if we do not think this land will change in the next 5 to 10 years, we should leave it residential. The difference between drawing a line in the middle of large pieces of agriculture land vs. downtown parcels was discussed. 4 Randall Kempton has been reading the handbook. He talked about reading case law where cities denied zoning requests based on the principles of the city’s comprehensive plan. For us, the principles would be keeping the commercial along 2nd E and the high-density in the center of the town. He says use vision, not specific parcels. The zoning is where the law happens. The city justified their decision on the principles of the Comprehensive Plan. Rory Kunz agreed, but there are two different things. When you are making a consideration as a Commissioner, it is easy to say, case law says…because this is what keeps you out of legal trouble. Then there is the situation we had a couple of weeks ago when the applicant wanted to extend their zoning to their property line. Legally, we could have approved this request and backed up our decision. This does not mean it was the right thing to do. Spencer Rammell said the Comprehensive Plan is not controlling law, but guiding law. These decisions are based on a matter of fact based on the principles presented to the group. The court will look at the case. The cases that they are citing are based on disagreement. Disagreements and lawsuits cost the city money. We put time and effort into creating a clean Comprehensive Plan that accurately reflects our goals. Staff brings Comprehensive Plan changes to the groups to determine if the proposal is correct. The Low to Medium on the west side. Highway 33 and 12th W were identified. Summerfield area. Valleywide and the airport border this area to the north. Vince Haley talked about moving the commercial boundary south, so the boundary is on the north side of Rexburg Motor Sports. Tisha Flora talked about the Willowbrook subdivision again and the farm ground in this area. Farming is happening east of the temple too. Some people are going to want these areas to stay the same forever. Rory Kunz said the question then becomes, where are you going to put all the people? Kristi Anderson said you could always develop less dense for the zone. Within the zones, the minimum acreage is listed per lot; you can have larger lots. Tisha knows of someone who wants to develop his or her Rural Residential land into ½-acre lots. Rural Residential 2 would allow ½-acre lots. She is worried the person would have to pay extra money because the group is changing the Comprehensive Plan map designations right now. Willowbrook was discussed and is a platted subdivision. The plat would have to be amended to change lot sizes. With a PUD, the density could be increased. Spencer Rammell said to Rory’s point, in land planning we take into account the highest growth rate. Jim Lawerence said this is not changing the zoning. Alan said when I look at LDR1 & LDR2, I am looking at neighborhoods like Harvest Heights or Hidden Valley. ½ - 1/3 acre lots. You have room to put playground equipment for your kids. You can put in a fence and a small garden. Larger than ½ acre on city water, you cannot afford to water. Wells only let you water ½ an acre due to water rights. Larger lots then become weed patches. These lots are generally Rural Residential or Transitional Agriculture lots. David Pulsipher wanted to see the Main Street area. The stretch by the highway is an area we are questioning. Some commercial is here, but it is not. Homestead is kind of commercial, but it is not; it is also residential. There is a strong residential presence going west. Then, Maverick. Staff believed this was an area we didn’t think commercial would take hold in the next 5-10 years. Vince Haley said change to commercial would probably not change in the next 5-10 years. The existing school also supports the residential. Main Street is currently at its full width. Out at Mitch Neibaur’s, the road needed to be widened to match the current width of Main Street. Alan answered more discussion has been about shrinking the width of Main Street; it is a challenge to cross Main Street walking in the time allotted for the crosswalk. This is a State Highway and it makes it harder for us to make any adjustments. Vince Haley said the commercial designated on the map at Rexburg Motorsports; he would like to see it stop at the farming lot. Alan said a fuel station has been put on 5 hold. He talked about several parcels recently purchased for a commercial purpose along S 12th W. Vince Haley said the Meadows is highly populated. The zoning of the neighborhoods is Rural Residential at Willow Brook. He feels there needs to be a buffer between the commercial and residential. The commercial up next to the residential doesn’t seem to be a good fit. Alan stated this is a good point, where do you drawn the line? Eventually, there will be a meeting of the two uses. When CBC is next to a residential, setbacks increase. Mixed Use and Commercial are included in the Commercial designation. Mikel Walker and Mayor Merrill talked about the overpass at W 7th S, which would change the look of the area causing the area to be more commercial. Poleline could be an alternate. An overpass would create a 100’ roadway. A lot of homes and a church land would have to be purchased. This will probably not be built in Alan’s lifetime. Alan asked is everyone comfortable with the low to medium residential on the east side or do we need to shift the commercial as Vince has suggested? Sally Smith talked about the frustration about determining where we want things, but we do have to make sure we have enough high-density. Do we have enough industrial? Where would a good industrial park be? The industrial that has changed recently is out by Valleywide. Alan said we are short on industrial. The Rexburg Business Park is almost full. Airport Road is filling up. We have had a little bit of change on the south end of town, but one business is affected. Heavy Industrial is governed by rules about proximity with Yellowstone National Park. Light Industrial is what we are going to see. Vince Haley talked about the land south of the Stake Center and north of University Blvd. Alan’s personal feeling is access is not good in this area. A stoplight is not possible between the highway and S Yellowstone; the distance is too close. The diverging diamond will also affect this area. Industry requires trucks and high traffic. Randall Kempton said we could extend the industrial on the north of Walmart. If the airport moves, the current airport area could be an area for some Light Industrial. This is not a good place for residential. Right now environmental studies are happening for the new airport. East area of Low to Medium was approved by the group. Commercial will stay the same adjacent on the south. A frontage road on the west side of the highway was identified as a county project. The road in front of the lake to connect into Thornton. Potentially, with the COVID money, the state may move up the project for one of the overpasses. There are no definites. Do you see any challenges on the south end? Commercial area on the south border. Valley Ag was recently changed to Light Industrial. A large portion of this land was recently sold to a commercial entity. Thomson Paving land is seeking Industrial. The group determined industrial and commercial will remain as it is. Siddoway’s Seed Packing will stay commercial. Medium to High Density and the commercial corridor. This area includes the old East Idaho Credit Union in the old TOZ zone and Bodify, G’s Dairy, and Paul Mitchell. Are we good with the commercial within the High Density area? Savoye and Cantamere were discussed. ManuFab talked about potentially moving. David Pulsipher said on Yellowstone as you turn on to 4th S, is this where the old Frontier Pies is showing medium to high density behind Frontier Pies. Frontier Pies is commercial, but behind Frontier Pies the land is residential. The Mechanic Shop. Melaleuca is in an industrial zone. Storage Units are in industrial, but this is more commercial; there is no manufacturing there. In general, Vince Haley says this area looks good and only a few properties need to be adjusted. Providence Square is already build out. This area would have the potential to build out in high-density. Windsor Manor is in mixed-use. The Cove was Mixed-Use. Hemming, 6 Cedars and Willows are in the Hemming Pro zone. No anticipated proposals for mixed-use are anticipated in the new future. There are so many layers to this zoning. The airport and Basic American are industrial. Johnson pre-cast is an area the group proposed to be changed to industrial. Industrial growth would more likely be on the south side of town. We need the input of industrialists at what they look at and what they need. At a later date, we should decide on an industrial park based on driving forces defined by industrial companies. Basic American did not bring in as many jobs as anticipated due to automation in Basic American’s processes. PLANNING & ZONING MEETING: Chairman Rory Kunz opened the meeting at 6: 30 p.m. Roll Call of Planning and Zoning Commissioners: Present: Chairman Rory Kunz, Greg Blacker, Vince Haley, David Pulsipher, Randall Kempton, Sally Smith, Aaron Richards, Jim Lawrence. Absent: John Bowen, Kristi Anderson, Todd Marx. Minutes: Planning & Zoning Meeting September 17, 2020 (action) Motion: Motion to approve the September 17, 2020, minutes as recorded, Action: Approve, Moved by David Pulsipher, Seconded by Vince Haley. Vote: Motion passed (summary: Yes = 7, No = 0, Abstain = 1). Yes: Aaron Richards, Chairman Rory Kunz, David Pulsipher, Greg Blacker, Randall Kempton, Steve Oakey, Vince Haley. Abstain: Sally Smith. Vince Haley asked about the next work meeting. Alan answered not at this time. The map was completed today and the map will come back to the group for final approval. The Comprehensive Plan may be postponed to the first of the year to finish up the Comprehensive Plan sections. Heads up was discussed for a Development Code adjustments on October 15th. Public Hearings: 1. 6:35 p.m. – (20-00660) – Comprehensive Plan Map Change from Commercial to Medium to High Density Residential for S 4th W & W 4th S. The housing in this area supports a residential use rather than a commercial use. (action) – City of Rexburg Applicant Presentation – City of Rexburg – Alan Parkinson – This is a project we look at when we were rewriting the PED zone. Two people in this area have requested putting residential there. Because of the zoning and the Comprehensive Plan, they could not. The way the city is moving and the PED changes, we felt this area should be residential instead of commercial. The corner to the east where the Christensen Auto Body is has been purchased by the 7 church. Potentially, there could be another church house in this area. Staff felt the best thing to do would be to put this land into a position to be medium to high density residential. The piece across the road fit better as medium to high-density and would become an island if not changed with the parcels north of W 4th S. Staff is recommending the Commission recommend this proposal to City Council. Commissioner Questions: Chairman Rory Kunz asked about the location of the care center. The care center is thought to be an assisted living facility. Vince Haley identified storage units that would be grandfathered. He asked if there would be future repercussions based on this change. Alan answered no. David Pulsipher asked about uses on the west; is it mostly commercial? State Farm insurance prior used to be on the south west corner. The building is currently sitting empty. A new owner has inquired about a residential use. Apartments are on the west side. A property manager company. The taco bus is on the southeast corner. The permanent building is more of a storage shed. The taco bus business would not be affected. A vendor ordinance will be coming for food vendors. Christensen is moving allowing for a more residential use. Staff is seeing a reduction of commercial uses in this area. Aaron Richards confirmed this is a Comprehensive Plan change, not a zone change. David Pulsipher identified on the map discussed in the work meeting this was a commercial area. Alan said with this change, this area will change from medium to high density residential. Conflict of Interest? - Chairman Rory Kunz asked the Commissioners if they have a conflict of interest or if they have 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, otherwise at this time please indicate the nature of your conversation or contact. None. Chairman Rory Kunz reviewed the public hearing procedures. Written Correspondence: None Favor: None Neutral: None Opposed: None Rebuttal: None Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input portion of the hearing at 6:44p.m. Commissioners Discussion: Randall Kempton is surprised there are no commercial entities interested in this area. It makes sense to have a medium to high density residential area at this location due to the proximity to the university. MOTION: Move to recommend City Council approve the amendment for the Comprehensive Plan Map to change the area of S 4th W and W 4th S from commercial to medium to high density residential as proposed by the city because it fits the city’s Comprehensive Plan as discussed., Action: Approve, Moved by Randall Kempton, Seconded by Aaron Richards. Commission Discusses the Motion: None VOTE: Motion carried by unanimous roll call vote (summary: Yes = 8). 8 Yes: Aaron Richards, Chairman Rory Kunz, David Pulsipher, Greg Blacker, Randall Kempton, Sally Smith, Jim Lawrence, Vince Haley. 2. 6:40 p.m. - (20-00689) – Rezone from Low-Density Residential 1 (LDR1) to Community Business Center (CBC) - Professional Plaza St & 242 E Main. The Commission requested this proposal come back in a separate hearing. (action) – City of Rexburg Applicant Presentation – City of Rexburg – Alan Parkinson – We had this discussion a little while ago, when the city brought a request before the Commission for a combined rezone of three areas. The Commission requested the proposals be brought back before the Commission separately. Staff has completed this request. The Professional Plaza was originally in the Professional Office Overlay. The city at some point chose to remove the Professional Office Overlay from the Development Code. When they did, the area was reverted back to its original designation of LDR1. In this area, there are mostly professional offices. There are a couple of residences on the southern end that are rentals. The proposal is to zone this area as a Community Business Center commercial zoning. Mixed Use is to the west. There is no residential in this area and it would not meet the residential requirement. Infrastructure is already in place; it is existing. Most of these buildings will stay the way they are long-term. Staff recommends Planning & Zoning recommend to City Council this rezone. Commissioner Questions: Sally Smith asked about when the Professional Office Overlay was removed. The change was ten to fifteen years ago. Did you find any other areas that had a similar problem? Most of the other properties had been changed. The Madison Women’s clinic is another area and some adjacent apartments did not change. Staff has not figured out what to zone Madison Women’s clinic, yet. Community Business Center does not fit in the middle of a neighborhood. Alan believed there were seven areas and these are the remaining areas that did not go to a correct designation. These two areas are believed to have been missed. Sally found it interesting this problem was not caught during the Seasons remodel work. David Pulsipher asked about including the two residential place. The residential homes are part of this same subdivision. The whole subdivision is being included in this request. Greg Blacker asked about what is at 242 East. The property at 242 East was part of the original Professional Office Overlay area, but it is not part of the subdivision. Conflict of Interest? - Chairman Rory Kunz asked the Commissioners if they have a conflict of interest or if they have 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, otherwise at this time please indicate the nature of your conversation or contact. None. Chairman Rory Kunz reviewed the public hearing procedures. Written Correspondence: None Favor: None Neutral: None Opposed: None Rebuttal: None 9 Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input portion of the hearing at 6:54p.m. Commissioners Discussion: Vince Haley understands the city wanting to change this area and clear up the problem. He feels the new zoning falls short of a buffer. The zone allows 65’ maximum building height and 0’ setback. There is residential single-family to the east of this proposal. He is against these zones adjacent to each other. Chairman Rory Kunz asked Vince if the setbacks change for commercial when adjacent to commercial. Vince Haley said the side setback is 10’ when adjacent to residential. Vince thinks the rule addresses uses across a street. Alan answered that Vince was correct to a point. A rear yard setback would have to step back the commercial adjacent to residential; he would have to find the specific code. There are requirements for 65’ tall building in someone’s backyard. Vince is guessing this only applies to the rear setback and not the building height. “Transitional Development Standards. Where a lot in any business, commercial, manufacturing, industrial, or public facilities zone borders a residential zone or use, the standards of the residential zone shall apply in regards to setbacks and building heights (3.02.080) .” David Pulsipher has some concerns about this and he compared this area to the Madison Women’s Clinic. He knows this is closer to town and it makes sense to change the area into Community Business Center. He is concerned this opens up the area for more development adjacent to the residential area at a higher level. He wish he had a zoning designation between the two uses, so we didn’t have a Kentucky Fried Chicken or Wendy’s going into this areas. He realized this is not likely, but it would be a permitted use under this zone. If we don’t know what to do with Madison Women’s clinic, this area is very similar to him and should stay as a grandfathered use. The nonconforming zone would protect the neighborhood. Randall Kempton also wants the Residential Business District to stay. He supports David’s previous comment. Sally Smith asked about the regulations for the Professional Office Overlay. Do we know? There has not been any complaints. A Professional Plaza is a good neighbor due to their hours. The people who backed up to these businesses haven’t had a problem with the development. The hours are daytime and business hours. Alan doesn’t know. Chairman Rory Kunz asked Spencer if we could restrict building heights in this area. Attorney Spencer Rammel answered the Commission cannot because building heights are a part of the zone. Aaron Richards asked if there is a 65’ building in Rexburg. Alan said when you exceed 5 stories, you have to use concrete and steel, so your cost of production goes up. Aaron said the construction requirements cause a restriction. David Pulsipher asked would it be possible that someone purchase the road and the lots in the Professional Office Overlay. The properties on the west of this proposal have been built within the last 3-5 years. It is possible, but not probable. Greg Blacker doesn’t have a problem with it; he doesn’t see the property changing right now. He doesn’t see a 65’ building being built. MOTION: Motion to recommend City Council rezone the Professional Plaza and 242 E Main from Low-Density Residential 1 (LDR1) to Community Business Center (CBC) to be more compliant with the city zoning., Action: Approve, Moved by Sally Smith, Seconded by Aaron Richards. Commission Discusses the Motion: Vince Haley reminded the Commission they are voting on the possibility and probability of the highest build out for this zone. Chairman Rory Kunz reflected about one to two individuals showing up and talking about the two lots that are excluded from this application. They were not as concerned about this professional plaza area changing. Jim Lawrence does feel like this is the right zone as a buffer. He agrees there is a possibility. A Residential Business District may be better. Chairman Rory Kunz said the problem with a Residential Business District is 10 there is no Comprehensive Plan Map designation that includes an allowed zone change to Residential Business District. David Pulispher said we have a Residential Business District. Alan was asked to clarify. He said these business do not meet the form of a Residential Business District. David said in a Residential Business District the businesses have to have the look and feel of a home. These businesses do not. Given the Madison Women’s Clinic and this Professional Plaza; we either have to go all one way or leave it in a noncompliant form; he wishes there was a medium step. Vince Haley wanted to read the objectives of the Residential Business District: 1. “A single structure that will function as a part of a greater neighborhood. 2. The architectural design and character will be compatible with that of the surrounding residential environment. 3. Attractive and well-maintained landscaping will also be characteristic of this zone.” Vince Haley said he can see the current buildings don’t meet this. Spencer Rammell said no one is changing to this zone because the buildings have to meet the requirements of the A.D.A. Chairman Rory Kunz reminded the motion has been stated and seconded. The discussion should be focused on this particular motion. David Pulsipher stated Community Business Center is too permissive of a zone for this part of town. He would be opposed to the motion. VOTE: Motion passed (summary: Yes = 5, No = 3, Abstain = 0). Yes: Aaron Richards, Chairman Rory Kunz, Greg Blacker, Randall Kempton, Sally Smith. No: David Pulsipher, Vince Haley, Jim Lawrence. The application will be presented to City Council at their next meeting. Chairman Rory Kunz said if you feel passionate about this proposal, you should show up to the City Council meeting to clarify your statements. 3. 6:45 p.m. - (20-00690) – Rezone from Technology Office Zone (TOZ) to Community Business Center (CBC) - Grand Loop. The Commission requested this proposal come back in a separate hearing. (action) – City of Rexburg Applicant Presentation – City of Rexburg – Alan Parkinson – This is another part of a previous hearing with three areas that were recommended to come back as individual proposals. This is the only area in the city that is in the Technology Office Zone (TOZ) located out by the old East Idaho Credit Union. The functions of the TOZ were specifically laid out for high-end computers for bringing in internet. Computer manufacturing, computer storage, server farms. With today’s technology and the internet and the ability to move all of those functions into the current commercial zones, Staff does not see a need to keep a specific computer zone. None of the businesses in this area have TOZ only uses. Most of these lots are sitting idle. Doctors and dentists are building offices in this area. Staff is requesting the Commission recommend to City Council to change this area from Technology Office Zone (TOZ) to Community Business Center (CBC). Commissioner Questions: Greg Blacker asked if this is a zone Staff is expecting to remove from the Development Code. Alan answered this is a zone we will look at removing, simply because we can 11 move that into any commercial zone. The limitations that existed, when the TOZ zone was created, no longer exist. Greg asked are there any other Technology Office Zoned parcels anywhere in the city? Alan answered no other lots are zoned Technology Office Zone in the city. None of the lots are being used as computer based and most of the lots are sitting idle due to the current zoning. Vince Haley asked about eliminating the two lots zoned Community Business Center in the center of the business park. Alan replied the two lots are already Community Business Center. The TOZ zone lots are adjacent to Community Business Center and Industrial. East Idaho Credit Union is not currently being used, it is empty and their services have moved to 2nd E. Conflict of Interest? - Chairman Rory Kunz asked the Commissioners if they have a conflict of interest or if they have 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, otherwise at this time please indicate the nature of your conversation or contact. None. Chairman Rory Kunz reviewed the public hearing procedures. Written Correspondence: None Favor: None Neutral: None Opposed: None Rebuttal: None Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input portion of the hearing at 7:18p.m. Commissioners Discussion: Randall Kempton says this request fits well with the area. Expanding the Community Business Center seems to make sense; this is a good use for this land. MOTION: Motion to recommend City Council approve the rezone of the Grand Loop parcels that are currently Technology Office Zone (TOZ) to Community Business Center (CBC) because it meets the needs of the area and our ideas in the Comprehensive Plan, Action: Approve, Moved by Randall Kempton, Seconded by Greg Blacker. Commission Discusses the Motion: Sally Smith talked about this backing up to low-density residential to the Henderson subdivision. There is no one here to oppose the zone change. You are looking at the same potential in this area. The building height is also up against low-density residential. This area does face some of the same things. Chairman Rory Kunz confirmed there is a canal between them, but this is a good point. David Pulsipher sees this as a different situation due to the high density residential and light industrial to the east. This one is adjacent to a low density and not nestled within a neighborhood. Greg Blacker says this is a no-brainer, the Technology Office Zone is so limiting; this is not what we want in Rexburg anymore. He is good with CBC in there. Vince Haley is concerned about the LDR2, but the canal provides a large enough buffer and the CBC already exists here, which is different from the previous request. Jim Lawrence said with the current zoning, there is already no rear yard requirement and a building could be built to 55’. There is not much of a change being made here. VOTE: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Aaron Richards, Chairman Rory Kunz, David Pulsipher, Greg Blacker, Randall Kempton, Sally Smith, Jim Lawrence, Vince Haley. 12 Item for Consideration: Urban Renewal Plan for the North Central Urban Renewal Project. Pass Resolution that Urban Renewal Plan complies with city’s Comprehensive Plan. (action) – Richard Horner Richard Horner – You have seen this before as part of a larger area. This map represents a rural area where we would like to create an urban renewal district. You previously reviewed the Eligibility Report. You approved it by saying this area is not in conflict with the Comprehensive Plan Map. The area has shrunk a little bit. The farming properties have to agree to be in the district. There are a couple of properties we did not end up getting soon enough, so we deleted them. This is basically the same area as before with a little less property. The intent for the most part is to repurpose and rebuild roads. The first part will be to purchase property for right of way for roads that will be surfaced later on. One of the major roads will be 5th W going around the county fairgrounds and north across the river and curve. In the east, right of way needs to be purchased for the East Parkway Corridor. 2nd E will be improved. The first thing is to get the 7th N and Basic American Foods corner approved with a stoplight and turning angles to help trucks get in and out of there. Dozens of trucks will be coming through this intersection a day. The Urban Renewal Agency is already working with the city on the construction. The Urban Renewal agency is more of a funding agency. The city or the county usually does the construction. This is a 20-year project. It is funded basically, by the increase in property taxes in this area. The property taxes currently go to the city, county and school district as normal. The tax increase from the current value goes to the Urban Renewal. The top triangle piece on W Moody Rd is included. 5th W will be a stringer to reach W Moody. The long-term goal is an overpass over the freeway. We want to get the right of way set up to make that possible. Some areas on the north side of the parkway corridor north of E 7th N were left out because farmers did not want to agree to it right now. It can be added later if the need and money are there. Possibly we will connect in to the Hidden Valley church and University Blvd. Vince Haley asked why some pockets are included. The pockets are already developed. The state doesn’t like you to have too much value. The parcels included are areas for potential growth. The urban renewal project will be effective from January 2020. There are a lot of projects to a total of $30 million over the next 20 years. Aaron Richards confirmed the property drops back to the other taxing districts at the end of the 20 years or sooner. A resolution needs to be voted on that said this request does not conflict with the Comprehensive Plan. Richard Horner read: “A RESOLUTION OF THE PLANNING AND ZONING COMMISSION FOR THE CITY OF REXBURG, IDAHO, VALIDATING CONFORMITY OF THE URBAN RENEWAL PLAN FOR THE NORTH CENTRAL URBAN RENEWAL PROJECT WITH THE CITY OF REXBURG 2020 COMPREHENSIVE PLAN … Section 1. That the North Central Plan, submitted by the Agency and referred to this Commission by the Mayor and City Council for review, is in all respects in conformity with the Comprehensive Plan. Section 2. That Exhibit A, outlining the findings supporting the determination that the North Central Plan is in conformity with the Comprehensive Plan, is hereby adopted and incorporated as part of this Resolution. 13 Section 3. That the Chair of the City’s Planning and Zoning Commission is hereby authorized and directed to provide the Mayor and Rexburg City Council with a signed copy of this Resolution relating to said North Central Plan. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval.” Commissioners Discussion: Vince Haley asked in what ways we have to make sure “in all aspects this conforms to the Comprehensive Plan.” Chairman Rory Kunz said we have to make sure that any development they say is happening does not conflict with our visions of the next ten years of Rexburg looks like. Richard Horner said Urban Renewal has made this easy for the Commissioners. Urban Renewal has not designated any development at this time. If we were saying we want to put a coal plant on the north side of town, the Commission would want to look at that. 90% of this will go to roads and the purchase of land from the County for the Madison County fairgrounds to help them out. MOTION: Motion to recommend to City Council this resolution as it is written. , Action: Approve, Moved by Randall Kempton, Seconded by Sally Smith. Commission Discusses the Motion: None VOTE: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Aaron Richards, Chairman Rory Kunz, David Pulsipher, Greg Blacker, Randall Kempton, Sally Smith, Jim Lawrence, Vince Haley. Heads Up: October 15, 2020 Hearings: 1. (20-00715) – Development Code Amendment – Subdivision Process, Lot Line Adjustments and associated sections to align with these amendments Adjournment: Commissioner Rory Kunz adjourned the meeting at 7:38PM.