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HomeMy WebLinkAboutRFD - 24-00663 - Taylor Corp - 360 Stationery Rd - Annex(208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Reason for Decision 24-00663 – Taylor Corp – 360 Stationery Rd – Annexation 1. July 30, 2024, An application was created to annex property located at 360 Stationery Rd. 2. August 13, 2024, Staff reviews were assigned. 3. August 20, 2024, Staff reviews were approved. 4. August 20, 2024, Staff Report was completed. 5. August 22, 2024, Notice was sent to the newspaper to be published August 27, 2024, September 17, 2024, and September 13, 2024, and October 4, 2024. 6. August 28, 2024, Notice was mailed to surrounding property owners within 350’ for the Planning & Zoning hearing. 7. September 9, 2024, Notice was mailed to surrounding property owners within 350’ for the City Council hearing. 8. September 24, 2024, Notice was posted on the property for both hearings. 9. October 3, 2024, the application was presented to the Planning & Zoning Commission. Public Hearing – (24-00663) Taylor Corp – Annexation – Located at approximately 360 Stationery Rd, the application is to annex the property into the City of Rexburg. – City of Rexburg (Action) Presentation: Natalie presented application, sharing that the business currently receives city services, and showing the location on the screen. She stated that neither the Comprehensive Plan Map nor the Zoning Map would be changed if the annexation was approved. Sally reiterated that the property was receiving city services and asked if there was a response from the property owner. Natalie confirmed that they had been receiving city services for quite some time and that despite reaching out several times, there was no response. Brian asked for clarification on the current city limits. Natalie showed the city limits on the screen and explained the border. Jim asked to see the area to be annexed on the map. Rob inquired about why this property was not previously annexed. Natalie responded that the property owner didn’t request the annexation. McKay asked about bringing the adjacent industrial properties into the city and Randall commented on this creating an island of property. The group predicted it may be a future agenda item. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Brian asked if annexing this property would make them subject to Rexburg City Ordinances, property tax, etc. Natalie confirmed. Rob asked about the tax impact. Sally indicated it is typically 25% higher. Brian verified that the property owner was notified of the annexation but has not responded. Natalie confirmed that there have been no recent communications with the property owner, but that previous conversations with the property owners had made them aware that the property would eventually be annexed into the city. Attorney Rammell clarified that there are notices required by the statute and that those have been met. (video index 00:10:55) Chairperson Smith opened the public input portion of the hearing at 6:43 pm. Favor: none Neutral: none Opposed: none Written Correspondence: none Rebuttal: none Chairperson Smith closed the public input portion of the hearing at 6:44 pm. Conflict of Interest/Ex parte Conversation: Chairperson Smith asked the Commissioners to disclose any conflicts of interest or conversations held outside of this meeting relative to this particular subject. Commissioner Discussion: Sally stated that city services have been provided to the business for a long time and feels it is time to annex them. Rob asked Attorney Rammell if the property owners could come back against the city at all, even though the city was exhaustive in trying to notify them. Attorney Rammell answered that anybody could try to come back against the city for land use applications, but Attorney Rammell, Attorney Zollinger, and staff have been involved in reviewing and processing this application and he doesn’t believe there is a legal basis to challenge the annexation, since they are receiving city services. Randall explained he doesn’t see a reason to not annex the property since they are receiving city services and staff has done their due diligence. Jim agreed. MOTION: Motion to recommend City Council the approval of the annexation of the Taylor Corp property as discussed because they have been receiving city services and they are an island. Action: Approve, Moved by Randall Kempton, Seconded by Jim Lawrence. Commissioner Discussion on the Motion: During the first vote, Rob abstained from voting on the motion. Fellow commissioners asked Attorney Rammell for clarification on abstaining from voting as it had not been allowed in the past. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org While Attorney Rammell was confirming his answer, Natalie revisited the presentation of the application for Vanessa, who had arrived a few minutes late. Bruce discussed the location of the property relative to city limits. (video index 00:19:48) Rob asked if creating an island of not annexed property would cause any issues. Natalie replied that there are other islands currently in Rexburg, and that as they want to use city services, they would have to be annexed. Attorney Rammell clarified that unless there is a legal basis such as being absent, not understanding the process, or having a conflict of interest, a sitting member cannot abstain from voting. For clarity, Sally called again for the vote. The motion was passed unanimously. VOTE: Motion carried. (Summary: Yes= 8, No= 0, Abstain = 0). Yes: Randall Kempton, Sally Smith (Chairperson), Jim Lawrence, Bruce Casper, McKay Francis, Vanessa Johnson, Rob Woodall, Brian Thackeray No: Abstain: 10. October 16, 2024, the application was presented to the City Council for a public hearing and to be considered first read. Public Hearing 6:30 P.M. – Annexation of approximately 360 Stationery Rd into the City of Rexburg #24-00663. Designated as Ordinance No 1322 and consider first read if motion passes – Alan Parkinson (00:16:40) ORDINANCE NO. 1322 Annexing 360 Stationery Rd in the Impact Area for the City of Rexburg into the City of Rexburg, Madison, Idaho AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF REXBURG, IDAHO; DESCRIBING SAID LANDS AND DECLARING SAME A PART OF THE CITY OF REXBURG, IDAHO; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Mayor Merrill opened the public hearing. Public Testimony in favor of the proposal (5-minute limit): None Public Testimony neutral to the proposal (5-minute limit): None Public Testimony opposed to the proposal (5-minute limit): None Mayor Merrill closed the public hearing. Council Member E. Erickson asked if the city received a response from the Taylor Corporation regarding the annexation letter the city sent to their representative. City Attorney Zollinger explained the inquiries from the Taylor Corporation were the costs of public works services such as sewer, water, garbage and snow plowing. He said a representative from the Taylor Corporation is meeting with city Public Works Director Davidson to review those costs. The Taylor Corporation building is surrounded by quite a bit of empty property that is being annexed into the city. He suggested the Taylor Corporation representative also meet with Economic Development Director Johnson to discuss the potential development of the surrounding property. Council Member E. Erickson asked why the Valley Wide Cooperative Energy property was not included in this annexation? Planning and Zoning Administrator Parkinson explained that the Valley Wide Cooperative property owner was contacted about participating in this annexation; however, they denied participating in the annexation. He said with the annexation of the Tayor Corporation property, the Valley Wide Cooperative property will form an enclave; therefore, the city would have the power to force the annexation of that property. City Attorney Zollinger further explained the Tayor Corporation has been receiving city services for a number of years, so they were annexable at any time. The city simply had not annexed them; however, the city has grown past them, and it is apparent that they are going to be capsulated within developed property. The city does not have that option for Valley Wide because they don’t receive city services and they are not an island; however, with the approval of the annexation of the Tayor Corporation the Valley Wide Cooperative becomes an enclave. Council Member E. Erickson asked if Valley Wide Cooperative becomes an enclave, would the city then be able to annex them into the city? City Attorney Zollinger said because the city did not create the enclave circumstance for Valley Wide until after July 1s then it would be harder for a forced annexation. The city is not as concerned about annexing Valley Wide Cooperative into the city because they are not prohibiting city growth. The city limits of Sugar City are directly across the street from the Valley Wide property. Council Member Chambers moved to approve Ordinance No 1322 the Annexation of approximately 360 Stationery Road into the City of Rexburg and consider first read; Council President Walker seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member C. Erickson Council Member E. Erickson (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Council Member Reeser Council President Walker The motion carried. 11. November 6, 2024, the application was presented to the City Council for a second read. Ordinance No 1322 Annexation of approximately 360 Stationery Rd into the City of Rexburg #24-00663 – Alan Parkinson Discussion: ORDINANCE NO. 1322 Annexing 360 Stationery Rd in the Impact Area for the City of Rexburg into the City of Rexburg, Madison, Idaho AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF REXBURG, IDAHO; DESCRIBING SAID LANDS AND DECLARING SAME A PART OF THE CITY OF REXBURG, IDAHO; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Council Member Reeser moved to approve Ordinance No 1322 the Annexation of approximately 360 Stationery Road into the City of Rexburg and consider second read; Council Member Chambers seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Chambers (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Council Member E. Erickson Council Member Reeser The motion carried. 12. November 20, 2024, the application was presented to the City Council for a third and final read. Ordinance No 1322 Annexation of approximately 360 Stationery Rd into the City of Rexburg #24-00663 – Alan Parkinson ORDINANCE NO. 1322 Annexing 360 Stationery Rd in the Impact Area for the City of Rexburg into the City of Rexburg, Madison, Idaho AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF REXBURG, IDAHO; DESCRIBING SAID LANDS AND DECLARING SAME A PART OF THE CITY OF REXBURG, IDAHO; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Council Member Johnson moved to approve Ordinance No 1322 the Annexation of approximately 360 Stationery Road into the City of Rexburg and consider third read; Council Member E. Erickson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member E. Erickson Council Member C. Erickson Council Member Reeser Council President Walker The motion carried.