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HomeMy WebLinkAboutP&Z MINUTES MAY 18, 2006 Planning & Zoning Minutes May 18, 2006 12 North Center Phone: 208.359.3020 www.rexburg.org Rexburg, ID 83440 Fax: 208.359.3022 Commissioners Attending: City Staff and Others: Rex Erickson – Council Member Kurt Hibbert – P&Z Administrator Winston Dyer– Chairman Stephen Zollinger – City Attorney Mike Ricks Mary Haley Emily Abe – Secretary Joe Laird David Stein Ted Hill Mary Ann Mounts Dan Hanna Chairman Dyer opened the meeting at 7:03 pm. Roll Call of Planning and Zoning Commissioners Ted Hill, Mike Ricks, Mary Haley, Joe Laird, Dan Hanna, Winston Dyer, David Stein, Mary Ann Mounts Charles Andersen, Thaine Robinson, and Randall Porter were excused. Minutes: A. Planning and Zoning meeting – May 4, 2006 Corrections: -P. 4 – Under Thaine Robinson’s comments, change “annexation” to “development.” Mike Ricks motioned to approve the minutes for May 4, 2006 as amended. Dan Hanna seconded the motion. Mary Ann Mounts, Mary Haley, and David Stein abstained for not having been present. None opposed. Motion carried. Public Hearings: A. Annexation/Rezone Request at 2540 West 1000 South (Kartchner Homes) Chairman Dyer asked the commissioners how they would like to proceed with the proposal. They decided to discuss the areas one at a time. Area #1 Brad Stauffer: 6255 East Partridge Ct. Ammon, ID. He represented Kartchner Homes. They are looking at purchasing the Weimer property, and only half of the property is in the City Impact Area. None of it is currently 1 annexed into the City. They have the difficulty of trying to address the whole property at once, instead of in portions. They have asked for the annexation of the whole piece. David Stein asked if there are development plans for this area. Brad Stauffer said there are, but it is a ten (10) or twelve (12) year project. They are in the process of land planning the area. They see it being a multi-type mixed use community. They want a mixture of different types of housing. They are looking to use some creativity to really make a nice community. Chairman Dyer said this represents the potential for 800 homes, and a population of 3000, which exceeds some nearby communities by quite a bit. He asked if there has been any impact study on the development. Brad Stauffer said they haven’t, but it is not something that is going to happen over night. They need to plan where this is going to be in the future, but they don’t need to know today since it is a ten (10) or twelve (12) year project. Joe Laird asked what uses would be in the area; if it would all be residential, or if there would be some commercial. Brad Stauffer said they are open to what the City would like to see. Currently he thinks Highway 33 is an area that could use some commercial. Joe Laird asked if they are considering multi family housing. Brad Stauffer said they would anticipate some multi-family housing in the area. They could expect some 20 or 30 acre parcels with each area having their own parks and facilities. Ted Hill asked if either of the access points off 3000 West were 60 feet. Brad Stauffer said they were 40 feet. They would have to work something out there. Chairman Dyer said the question before the Planning & Zoning Commission is whether this area should be annexed into the City of Rexburg and be changed to an LDR2 zone. Chairman Dyer opened the public input portion. In favor: None Neutral: Brent McFadden: 5335 North 6000 West. He is the Planning & Zoning Administrator for the County. As the County is trying to force development closer to the City Impact Area, his only concern is that with the current undeveloped areas in the City, this seems like a developer driven development. However, as a County, they will support whatever decision the Planning & Zoning Commission makes. Lane Hemming: representing the School District. If this development takes place, it will affect our schools. They hope acreage could be set aside for a school if they need one. Debbie Thompson: She lives in the area. They have dealt with some safety issues on Highway 33. She wonders if the State Highway would be willing to work with this development to do whatever needs to be done. They have seen some deaths on that highway, and she has been close to several accidents. Also, when they moved to the area, the whole area was platted for one acre lots. She would like consideration to be taken to the density of the area. She also would like to look at maybe forming neighborhood associations in the area. This way they could have a voice in the development of their community. She would like to see the development go only to the area of impact, and not beyond. They need to look at the Comprehensive Plan and where we are headed. Derek Wadsworth: 180 South 3000 West. He agreed with Brent McFadden’s comments. This may be a piecemeal type of annexation. He would rather see a Comprehensive Plan study on the entire area. It appears to be development driven. He was concerned with a couple comments from the developer, when he said “I would anticipate this… I would anticipate that…” The impact on the City depends on what is planned, and they don’t have an obvious plan for this area. He would like to see some sort of plan from the developer. He pointed out that 2 within 300 feet of this area, there is a dairy and a cattle ranch. He wonders if they are considering transition from this sort of agricultural application to low density residential housing. Opposed: Dan Owen: 300 South 3000 West. He asked if he would be forced to put a curb and gutter on the back of his property if there was a street there. He has a concern that when it was resurveyed, the survey markers were changed. Kirk Powell: 421 South 3000 West. He lives on the diary that was mentioned. He is concerned with the access in the area with that size of development and the number of people proposed to come in. With the potential schools, he is concerned with the roads in and out of there and how this would be handled. He reiterated that this seems like a piecemeal annexation. Rebuttal: Troy Kartchner said he likes the idea of a Citizen’s Advisory Board. He thinks if this is done, you end up with a better community that fits not only the citizens in the surrounding area, but the City of Rexburg as well. Development across the nation is headed that direction, and it is a good idea. He agrees with low density around sensitive areas like the dairy and school. They have discussed the possibility of setting aside some ground for an elementary school and for parks. The reason Brad is so hesitant with the zoning at this point is that it doesn’t need to be changed tonight. They will know more after they lay out the master plan of the community. They brought their land planners up from Denver earlier this week. They want to involve the Citizens Advisory. Chairman Dyer closed the public input portion. Mary Ann Mounts said she has a problem annexing land outside the Impact Area. This is a little premature. Mary Haley asked if area #4 is next to the school district property. Kurt Hibbert said area #4 is the school district property. Joe Laird said the fact that the area in question is outside the impact area is both a good thing and a bad thing. The area is large enough to lay out a good plan. With the area being completely drawn out, it can be shown with a system of streets and lots. They can present an overall plan and see what is best for the area. We have had so many small areas of individual ownership brought before the Commission that it is almost impossible to develop some of them in a reasonable manner because they are so isolated. He likes this idea, and he knows they will have to have many other meetings to develop the road layouts, land use, etc. He would like to see more of this done around the City so they can develop more of an overall plan. Mike Ricks said this is a great idea, because now they know this area will be on city services and they won’t have to come back to address this issue. David Stein agreed with Joe Laird. This is a huge area. As they plan, they are looking out ten (10) to fifteen (15) years. Highway 20 is actually closer to this area than it is to the center part of town. When we look at growth patterns over the years, this would be the logical spot for the development. Do we want to plan it out well so there are services, or do we want just homes on septic? This is a natural area for the City to grow, but he didn’t expect it to happen so soon. Chairman Dyer said it is inevitable that this area will grow and develop. The question is whether it is consistent with the Comprehensive Plan. In the Comprehensive Plan they have said they recognize that this area will transition to some other use in the foreseeable future. It does fit into the Comprehensive Plan as far as it goes. He has questions about the impact of this development. It is hard to single out a large development compared to all 3 the others we see. There are all kinds of questions about transportation, traffic, utilities, social impacts, schools, churches, emergency services, parks, etc. County input needs to be sought. Chairman Dyer said he is in favor of the proposal because it brings development into the edge of town. What we are seeing is a proliferation of rural subdivisions out in the County area that are difficult to bring under control for zoning and health issues. Anything that can be encouraged to come closer to town that could eventually be served on the wastewater system would be beneficial to the greater community. Developments closer to the edge of town preclude those developments further out that cause the leapfrogging and sprawl tendency. It could set precedent and standards for what would happen in the area if it is carefully planned and done in a manner to be consistent with neighborhoods and protective of existing uses and recognized community identity in the area. It does give us the opportunity to plan it correctly. It is also difficult for large tract developers to find a piece of ground that makes it worth their while to come in and do a development right. The only places we have available for this are out on the edges of our Impact Area. Chairman Dyer said he also has some hesitation about the proposal. He doesn’t believe it is appropriate for us to make a decision that would encroach upon another governmental entity’s jurisdiction and domain. There is a procedure and policy in effect so these things can be appropriately discussed. In the westerly part of this proposal, we have the cart ahead of the horse. This proposal could also encourage sprawl by going that far out and demanding the utilities be extended from the City an extra mile from where they are at present. This would be a new city with a major impact. It is a concern to have it out there in advance of our Impact Area. We have in the past suffered from developer driven planning. We have spent the last four (4) years rewriting the Comprehensive Plan and Zoning Ordinance to get the tools in place to give us back control of the vision of the community and we would like to maintain that control. We want to make sure things are done consistent with our visions, goals, and objectives. These developers have in the past worked with local governments to make sure things are properly coordinated. He is in favor of the proposal in the area east of the Impact Area line, but he is uncomfortable with going beyond that. Dan Hanna said he is excited to have the opportunity to work with a piece of property of this potential, size, and magnitude over the next few years. He is not as concerned about the Impact Area, since to him it is just an arbitrary line that has been drawn. We need to realize that one owner and one developer coming together on the property and giving us the opportunity with the citizens to plan the development of this is a unique and wonderful opportunity for the community. He asked Troy Kartchner if he was aware of this property being split between the Impact Zone and the County. Troy Kartchner said this is why they worked with Kurt and with the County to get their blessing up to this point. Kurt Hibbert said the County is extremely supportive in trying to help the City in their plans and efforts to have planned growth. Whatever the Commission feels to recommend to City Council on this proposal, the County will support it. The Mayor and members of City Staff met with the County and explained that they didn’t like the idea of extraterritorially planning or taking action. They also didn’t like the idea of a piece of the City without an Impact Area around it. The County concurred, and in the event that this is annexed, the City would need to expand its Impact Area to create a new Impact Area around the new piece of City. Dan Hanna asked for Kurt Hibbert’s overall opinion. Kurt Hibbert said the commission just pointed out the issues very well. These issues will need to be addressed at some point in time. We made the decision to allow th development along 12 West when they put infrastructure down the road. We can support a lot of development now. The question is how far out to go. He is concerned about neighborhood. The existing neighbors need to be respected. We need the neighborhood’s input, because we are planning another whole community. Chairman Dyer said when we come to individual annexation or zoning proposals, they are largely driven case-by- case. We react to these proposals according to our plan. The impact area is not that way. We do not delineate the Impact Area on an owner by owner basis. We sit, plan, and deliberate where we think the logical extensions of the City Limits and influence will go in the future. As we feel the need to adjust it, which we recently did, we give no 4 attention to any specific parcel, availability of land, small land, large tracts, etc. This was a planning decision, philosophy and vision where the growth and the impact are going to go. It may well be that the Impact Area needs to be moved to 3000 West. He would like to see this done by a collective discourse between us and the County. Once we have done this, we have opened the door for individual proposals to come in. We should have had a hearing to expand the Impact Area, and then reviewed this application. Mary Ann Mounts said she is not opposed to this development, but she would like to do it in order. We would be out of line to start annexing beyond the Impact Area. Mary Haley said we saw this coming when the school district bought this property. As we all know, wherever a school is built, development follows. In consideration that the school has bought the property, and that the County Commissioners have talked to Kurt and the Mayor, they have put this property in our laps. We have a responsibility to help plan it. She is concerned with the area being outside the Impact Area. We need to look at what is going on all up and down the area. They should change their Impact Area before they annex this area. Chairman Dyer said according to our current state statutes, we as a Planning Commission or City Council are prohibited from going outside of our Impact Area for annexation purposes. However, if someone outside the Impact Area does desire and petitions for annexation, then it can be considered and be done. If the Commission feels that we would like to recommend this for approval, then it can be done. Joe Laird motioned to recommend to City Council to annex area #1 into the City Limits and designate it with the LDR2 zoning for this time; realizing that there will be other developmental discussions and perhaps zoning discussions in the future as this progresses. Ted Hill seconded the motion. The Commissioners discussed other zoning alternatives. David Stein said the issue they are struggling with is where the specific area of impact is. In his view, the area has already been impacted when the school bought property. Now it is time to plan it out. Chairman Dyer said he stands by his earlier concerns on the issue. Those in favor: Those opposed: Joe Laird Winston Dyer Mike Ricks Mary Ann Mounts David Stein Mary Haley Ted Hill Dan Hanna Motion carried. Area #2 Kurt Hibbert pointed out the area on the map. The parcel’s owner, Mary Ann Beck, has requested a coattail annexation so as not to make an island in the City. She has requested that if area #1 was not recommended to be annexed, that her application be withdrawn. Chairman Dyer clarified that the requested zone for this property is LDR2. Chairman Dyer said the question before the Commission is shall we recommend to City Council to annex this area into the City Limits with an LDR2 zoning. Chairman Dyer opened the public input portion. 5 In favor: None Neutral: Troy Kartchner: He said maybe the city should refrain from rezoning the properties they are annexing. The City really doesn’t know what is going to be there in the future. It might hurt the master planning of the community, unless the Planning & Zoning Commission and City Council are flexible to changing the zoning on a property in the future. If the Planning & Zoning Commission and City Council are not flexible, it might hurting the property by requiring it to come in with a specific zone. Opposed: None Chairman Dyer closed the public input portion. The Commissioners discussed various zoning possibilities. Mike Ricks said he thinks this parcel should be annexed in with the same zoning as area #1. This gives them the opportunity to make the development similar. The zoning could be changed later. He said since this is across the street from school property, it should be planned residential. Mary Haley said the three (3) new high schools outside Rigby have had major accidents with kids trying to get into town for lunch and race back for classes. This area should not be only residential. If there is going to be a high school in the area, there needs to be services for the students. However, the parcel fits in with the plans we have with the area. It is within the impact area, so she doesn’t have any problems annexing it. David Stein said the Transitional Agriculture zone is intended to anticipate expansion of the city into agricultural areas. The permitted uses are primary agricultural production activities and their accessory buildings. It does not allow for animal related businesses. He thinks it is a more appropriate zone, since we talked about master planning it and involving the community and neighbors in the process. By designating it LDR2, we are saying it is definitely residential ant it opens it up for subdivisions to go in right away. If it was zoned Transitional Agriculture, it will actually impede residential development unless there is a master plan. He thinks it needs to be master planned and have an impact study done, so this zoning is more appropriate. The Commissioners discussed the zoning issue. Mary Ann Mounts motioned to recommend to City Council to annex area #2 into the City of Rexburg with an LDR2 zoning. Dan Hanna seconded the motion. David Stein said since the Comprehensive Plan calls for Low to Moderate Residential in the area, they can’t zone the area Transitional Agriculture. This would be inconsistent. None opposed. Motion carried. Area #3 Kurt Hibbert said this is the City discouraging the creation of an island. This property owner requested a coattail annexation with area #1. They would also like their application withdrawn if area #1 was not accepted. Chairman Dyer noted we have a letter from the property owner to that affect. 6 Chairman Dyer opened the public input portion. In favor: Brad DeBow: 2238 West 1000 South. He owns parcel #3. He said since the Commission had already recommended the annexation of area #1, he doesn’t see any reason for much discussion. He has already written his request for annexation, so let it be. Neutral: None Opposed: None Chairman Dyer closed the public input portion. Dan Hanna asked how large the parcel is. Brad DeBow said it is less than an acre. Mary Haley motioned to recommend area #3 for annexation into the City of Rexburg with an LDR2 zoning designation. Mary Ann Mounts seconded the motion. None opposed. Motion carried. Area #4 Kurt Hibbert pointed out the area on the map. The proposal is to annex the area and leave the zoning as Agricultural 1. Chairman Dyer said the question before the Commission is whether area #4 should be recommended to City Council for annexation into the City of Rexburg maintaining its current zoning. Chairman Dyer opened the public input portion. In Favor: Lane Hemming: Superintendent at the school. He commended the Planning & Zoning Commission for their work and the problems they deal with. He said when the school district went to the public for a new high school a few years ago, they fought the main concern that they didn’t have property to build on. The school board then purchased the property in question. They have a board meeting in the morning with the sole purpose of looking at some new buildings and using this property as a site. They want to be part of the City. They are in the Impact Area, and they feel they are an important part of the community. The City is as important to the School District as the School District is to the City. They hope the Commission will support them with a recommendation for annexation. They want to know for their meeting the next day where the Commission stands on this issue. Neutral: Ron Ball: 1000 South. He wonders where the school is going to be built. He is also concerned with the development around the area; they want to keep it residential and not commercial. He is not opposed to the idea of having restaurants close to a high school, but they are concerned with businesses progressing to the west. They accept the fact that residential is coming to the area, but they don’t want commercial. Opposed: None 7 Chairman Dyer closed the public input portion. The Commissioners discussed the previously proposed Comprehensive Plan Amendment in the area. City Council had tabled the issue for six (6) months. The Comprehensive Plan Map remains as it was in this area. Chairman Dyer pointed out this request would conform to the current Comprehensive Plan. Mary Ann Mounts declared a perceived conflict of interest since she works for the school. The commissioners did not have an issue with this, and she remained at the table. Joe Laird said there is going to be a great deal of traffic with a school in the area. He is concerned with where the roads are going to be located and what is going to be done with the rest of the area surrounding the schools. In many cases all over the City, there has been a great deal of problems with schools next to major arterials because of pedestrian use and high volumes of traffic. If the school does not prefer to have a closed campus, they are saying these students will have to drive to some commercial area for lunch. He would rather see a closed campus, where the students will eat on the school grounds. This will reduce the danger and traffic problems. His major concern with annexing this property is that they see an overall plan from the school district that would show the schools, the residential areas, and any commercial areas. In past discussions, they have discussed that University Boulevard will be extended onto the west past tract 4. This needs to be taken into account, since this will become an area of very heavy traffic in the future. He wants to see a detailed and thought out master plan for this area before they go very far with this proposal. He agrees with keeping the existing zone on the property until they see an overall plan. Mike Ricks said he would like to see the area annexed with the existing zone. Even without the school, there is a problem with traffic in the area. This is something the City can address. Chairman Dyer agreed with Joe Laird. These issues might be addressed with subsequent zoning requests. We may have 3000 people trying to get in and out of area #4. This is a very important consideration, and the area needs to be properly planned. Mary Ann Mounts said at this point we can’t deny the annexation based upon the use. She reiterated that this area will need a lot of work and planning to make it work out. Chairman Dyer agreed that this will need to be taken up for discussion in time, but it need not enter into the annexation question. Mary Haley said the school district needs to understand that we want them to come to us before they make their final plans. Mary Haley motioned to recommend to City Council to annex area #4 and to keep the current zoning in place. Mary Ann Mounts seconded the motion. None opposed. Motion carried. Chairman Dyer commented he hopes we are always thinking about how much annexation is enough, and how much is too much. David Stein said until the county and city coordinate development, he is more inclined to annex first, so they can control the development of the property. Chairman Dyer said there are conversations going on with the County concerning this very issue. Changes are afoot, all of which will help encourage and stimulate infilling and getting things into the City. Until this is complete, annexation is the only tool we have. 8 New Business: A.Final Plat – Trejo Professional Park, Division 2 Terry Bagley: developer of the project. The project has been platted. He was given the review action items a few days ago and told they need to redraw the curvature on a couple of the corners. They can do this. Concerning the issue of vacating the street, this has been completed but has not yet been recorded. The forth action item has to do with access to the canal. He spoke with the manager of the canal company, and they will have a surveyor out there Tuesday to determine where the access is. They will obtain appropriate leases from the Canal people so their needs will be met there. He doesn’t see any reason why he can’t comply with these issues before the plat goes to City Council, so he asks the Planning & Zoning Commission to approve this plat. Chairman Dyer asked if it comes to the point that they would need to dedicate some type of easement for canal maintenance on the northerly lots, if they would be willing to show that on they plat. Terry Bagley said they would. Chairman Dyer asked if they were providing some type of North/South easement or access for the canal people to get back there. Terry Bagley said right now they ride the length of the canal. This would not be a big deal if they need North/South access. Dan Hanna asked if this land locking would deny access, impede traffic flows, or restrict development in any direction. Terry Bagley said it would not. There is no access across the canal to the Henderson subdivision. The LDS church owns the property to the west, and they are planning to build a big church there. They have two avenues of access already, so they are not looking for access through him. Chairman Dyer asked if all the conditions and concerns with the preliminary plat have been addressed. Kurt Hibbert said they have. Mary Ann Mounts motioned to approve the final plat for Trejo Professional Park, Division 2 as drawn, with the condition that the canal issues and all other staff review issues are dealt with. Mike Ricks seconded the motion. None opposed. Motion carried. Chairman Dyer asked Terry Bagley to report to Kurt Hibbert concerning the resolution of the canal concerns. B.NAI Commerce One – Access to BYU-Idaho Coal Yard and Call Property (Melvin Rudd) Melvin Rudd was not present to make a presentation. Mary Ann Mounts motioned to table the issue of access to BYU-Idaho Coal Yard and Call Property. Dan Hanna seconded the motion. None opposed. Motion carried. C.Design Review Report – Car Wash at 750 North 2ne East (Tim Kaiser) Kurt Hibbert presented the plans to the Commission for their discussion. The Commissioners discussed the plans. Mary Ann Mounts motioned to approve the plan for the car wash. Mary Haley seconded the motion. 9 None opposed. Motion carried. D.Additional Use in Central Business District (Angela Weimer) Kurt Hibbert said this issue came up because of an enforcement issue. There are two homes in Central Business st District over by 1 South and Main Street. There was a daycare started in one of the houses. Another was planned for the other home. An enforcement action went out to make sure they were in compliance. This use is not allowed in the Central Business District. The center was closed down, and the homes are both for sale now. Angela Weimer, the owner of one of the homes, came and asked that perhaps our zoning ordinance be modified to allow daycare centers in the Central Business District zone. This is common in other cities, but it is not allowed in our ordinance. The applicant wanted another use to be added to the ordinance. Chairman Dyer said having a daycare fits in a commercial area, but it brings up other problems, such as safety. He would propose it be added as a conditional use so it could be reviewed at a case by case basis. Mike Ricks said he does not see a need for this in our community right now, since we don’t have any large scale employers. Mary Ann Mounts said she would not oppose to this proposal. Kurt Hibbert said the question is has it, is it, or could it be considered an oversight that we don’t allow this use in this zone. Chairman Dyer noted there may be support for making a recommendation to add this use to the zone, as a conditional use. Mary Haley motioned to recommend to City Council to amend Ordinance 926 to include child care as a conditional use in the Central Business District zone. David Stein seconded the motion. Stephen Zollinger said they need to be careful with the parking requirements in this zone. Mary Haley amended her motion that the parking exemptions in Central Business District not follow this use. David Stein seconded. Joe Laird asked what the requirements are for a child drop off and pick up area. Stephen Zollinger said the state requires that there be an area of drop off that is not on street. In the past, the Planning & Zoning Commission has put applicants through a very rigorous conditional use assessment. The applicants were required to come up with parking and drop off areas. None opposed. Motion carried. E.Impact Area Expansion Kurt Hibbert reported that he was invited to the County Planning & Zoning Commission meeting. They expressed a strong desire to initiate meetings with the City Planning & Zoning Commission again. They would like to do this on a regular basis. They reacted much the same way to the Impact Area Expansion map as this Commission did. They were very surprised. They concurred with Thaine Robinson’s comment that the County should encourage development inside the Impact Area. They are very supportive of the concept of expanding with proper commitment on the part of the County and City to infill within. We should be able to develop within the larger 10 area. If it constricted options for development in this area, the contiguous parcel issue becomes more and more of an issue. He let them know the map was in no way to offend; it is a discussion map. They appreciated the heads up about some of things the City is up against with this annexation request. They realize that the City was given deference to the Mayoral negotiations going on right now to try to resolve things on the north side. He explained to them very specifically that this was not the City’s preferred request. It was a cut-down, scale-down in deference to that process so that could work its way through before those areas were addressed. Overall, they do want to support the City in what is needed for long range planning. They are very concerned with large developments in the County; they would like to bring them into the Impact Area. Chairman Dyer asked if the County Commission had any specific comments that the expansion was too big. Kurt Hibbert said it is better to go larger with the coordination that is going to go inside that. They felt good about that. However, without the coordination, there is no reason to expand the Impact Area. The County felt the same way. Chairman Dyer asked the Commissioners for questions and granted the interested citizens the time to comment. Dan Hanna asked if the adjustments follow section lines. Kurt Hibbert said the way the ordinance is written, if there is a road along the section line, the expansion also includes another 300 feet beyond the designated line. This way, both sides of the road can access services. Joe Allen: 602 Cook Avenue. He would like to talk about a piece of property on 3000 West 2000 South. His clients are doing due diligence to secure this property and develop it as 80 acre lots. The development they want to do would be best hooked into City services. They want to see what is going to happen out there. Chairman Dyer said they will move the impact line when there is a vision of the community that it is going to go out and fill all of it, not just a particular parcel. Dan Hanna asked if this area would be included in the proposed expansion. Chairman Dyer said it would be included if they went to 3000 West. Joe Allen commented that the market is driving development outside City Limits. It is tough to get some people into nice houses that they can afford because of the prices of land inside the Impact Area and City Limits. A lot of people end up in Jefferson County that would rather stay here. The Commissioners discussed this issue. Kurt Hibbert said the County will not take any action on any Impact Area expansion until the issue on the North interchange has been resolved. County Commissioner Roger Muir said short-term, they are waiting to see what Judge Moss does. After that, they will not do anything north of Rexburg and west of Sugar City. Council Member Rex Erickson said the County would consider expanding the Impact Area to the west of Rexburg, just not north. Kurt Hibbert said everything has been done that needs to be done by the Planning & Zoning Commission. This issue is working its course. The Commission needs to remain flexible and collaborative. Unfinished/Old Business Compliance: Non controversial Items Added to the Agenda: 11 Mary Ann Mounts asked Council Member Rex Erickson why the City Council did not approve the Comprehensive Plan Amendments for areas 1 and 2 to go to commercial preferred land use. Council Member Rex Erickson said the School Board disputed what was presented. There was confusion on ( ! who had requested the Comprehensive Plan Amendment. The Commissioners discussed this issue. David Stein reported on a Walmart in Northern Kentucky. He showed pictures where the front of the store had been made to look like several small stores in a row together. He said it is interesting because it shows that even Walmart is moving more toward our design standards in some of their latest buildings. David Stein asked if someone was monitoring Walgreens to make sure they are building what they said they were going to build. Kurt Hibbert said they are working very closely with City Hall with this project. A. Comprehensive Plan Kurt Hibbert said they have the first three (3) chapters, and he wants them to look at the format and the text of these chapters. He asked them to check the context of the property rights closely. It is required by code they go through these steps. Report on Projects: ( Tabled requests: ( ) A. Rezone request from RR to LDR2 at 1139 East 9's North — (Mark Liebel) Building Permit Application Report: None Heads Up: Chairman Dyer adjourned the meeting at 10:14 pm. 12