HomeMy WebLinkAboutRFD - 20-00661 - Dev. Code Amend - Remove TOZ
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#20 00661
Ordinance Amendment – Development Code
Technology Office Zone (TOZ)
1. August 25, 2020, An application was received for an Ordinance Amendment to the city’s
Development Code for the Technology Office Zone. The City of Rexburg is sponsoring
this change.
2. October 19, 2020, The staff reviews were completed.
3. October 26, 2020, Notice was sent to the newspaper to be published on November 3rd and
November 18th.
4. November 19, 2020, Alan Parkinson presented the application to the Planning & Zoning
Commission.
6:40PM - (20-00661) – Development Code Ordinance Amendment - Remove
Technology Office Zone (TOZ) from the Development Code. No parcels in the city are
zoned TOZ. (action)
Applicant Presentation – Alan Parkinson – City of Rexburg – This is a request for an
amendment to the Development Code. All of the parcels that were previously zoned
Technology Office Zone (TOZ) have been rezoned to Community Business Center (CBC).
There are no parcels within the city designated as TOZ. The scope of the TOZ rezoning
was to remove this section from the Development Code. The uses that were previously
permitted uses in TOZ can be handled in other zones. Staff is recommending Planning &
Zoning recommend to City Council to remove TOZ from the Development Code.
Commissioner Questions: Chairperson Kristi Anderson asked about the specific
technology uses of TOZ moving to the commercial zones. She has not seen any changes in
the Development Code specifically. Alan answered, the computer uses are covered under
general descriptions in commercial uses. The manufacturing uses would be allowed in Light
Industrial area. The uses are not specifically listed. He reviewed the uses and identified the
uses formerly in TOZ would not be restricted in the commercial or industrial zones. When
TOZ was designed, internet access was limited and a technology park was enabled. So many
changes have developed from that point forward, some uses don’t even exist anymore other
than a commercial application. Todd Marx asked about the numbering in his printed copy
does not match the numbering identified for TOZ. Tawnya answered, the numbering has
been changed as modifications are made, including the transition to Municode. Alan further
explained, when rewriting, the numbering is nonsubstantive, the language is the substantive
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020
Fax: 208.359.3022
www.rexburg.org
Reason for Decision
City of Rexburg
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changes we consider. Vince asked if the form-based code would have removed TOZ
anyway. Alan said form based code will not affect a lot of this. Even minor assembly can
be done in a form-based area. Form-based code will come before the Commissioners the
first of 2021. Vince said a lot of the heights and regulated measurements are very similar to
CBC.
Staff Report: Planning & Zoning – Alan Parkinson – Staff has never seen a Staff Report
for an ordinance change. Staff has reviewed the proposal. Staff does recommend this
change for approval.
Commissioner Questions for Staff: None
Conflict of Interest? – Chairperson Kristi Anderson 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.
Chairperson Kristi Anderson reviewed the public hearing procedures.
Favor: None
Neutral: None
Opposed: None
Written Correspondence: None
Rebuttal: None
Chairperson Kristi Anderson asked if anyone else would like to speak. She closed the
public input portion of the hearing at 6:47p.m.
Commissioners Discussion: David Pulsipher says, given the Commissions’ previous
actions, this proposal makes perfect sense to clean up the Development Code.
MOTION: Motion to recommend to City Council to approve the proposal to remove
Technology Office Zone (TOZ) from the city’s Development Code, because no
parcels in the city are zoned TOZ, Action: Approve, Moved by Sally Smith, Seconded
by David Pulsipher.
Commission Discusses the Motion: None
VOTE: Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Aaron Richards, David Pulsipher, Greg Blacker, Jim Lawrence, Kristi Anderson,
Randall Kempton, Sally Smith, Todd Marx, Vince Haley.
5. December 2, 2020, the application was presented to City Council.
Ordinance No 1244 Amend Development Code Ordinance 1200 to Repeal Technology
and Office Zone (TOZ) #20-00661 and other substantive and non-substantive items – Alan
Parkinson
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Planning and Zoning Administrator Parkinson explained the request to repeal Technology and
Office Zone (TOZ) and other substantive and non-substantive items. All of the parcels that were
previously zoned Technology Office Zone (TOZ) have been rezoned to Community Business
Center (CBC). There are no parcels within the city designated as TOZ. He is recommending the
removal of the TOZ from the city’s Development Code.
Council Member Flora moved to approve Ordinance No 1244 Amend Development Code
Ordinance 1200 to Repeal Technology and Office Zone (TOZ) #20-00661 and other substantive
and non-substantive items and consider first read; Council President Busby seconded the motion;
Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
6. December 16, 2020, City Council 2nd Read the Application.
Ordinance No 1244 Amend Development Code Ordinance 1200 to Repeal Technology and
Office Zone (TOZ) #20-00661 and other substantive and non-substantive items – Alan
Parkinson
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Council Member Johnson moved to approve Ordinance No 1244 Amend Development Code
Ordinance 1200 to Repeal Technology and Office Zone (TOZ) and other substantive and non-substantive
items and consider second read; Council Member Wolfe seconded the motion; Mayor Merrill asked for a
vote:
Those voting aye Those voting nay
Council Member Flora None
Council Member Johnson
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried
7. January 6, 2020, City Council 3rd Read the Application
Ordinance No 1244 Amend Development Code Ordinance 1200 to Repeal Technology and
Office Zone (TOZ) #20-00661 and other substantive and non-substantive items – Alan
Parkinson
Council Member Johnson moved to approve Ordinance No 1244 Amend Development
Code Ordinance 1200 to Repeal Technology and Office Zone (TOZ) and other substantive and
non-substantive items and consider third read; Council Member Flora seconded the motion;
Mayor Merrill asked for a vote:
Those voting aye those voting nay
Council Member Flora None
Council Member Johnson
Council Member Mann
Council Member Walker
Council Member Wolfe
Council President Busby
The motion carried