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HomeMy WebLinkAboutAPPLICATION & DOCS - 05-00134 - Parkview Apartments - CUP for Dorm Housing in MDR~. API'I,ICATI~~ FOR CONI~ITIO~AL vS~ PPRVIIT CITY OF REXBURG APPLICA'}NT: Name ~ ~ (~.~ Y ~~ Address City ~c~ ~ ~ ~.-~'~ V State / ~ I~' ~S~~y Phone 7 7 S ~/ 13 ` OWNER: (Complete if owner not a licant ~ ' ~ 0 3 "" ~~ Pp ) ~~ o? Name ~ ~~ ` ~~~ Address City State Phone PROPERTY COVERED BY PERMIT: Address ~ (Q ~ ~ ~,~ Zone Legal Description (Lot, Block, Addition; Division Number) RPRoo ~.~~ ~~~,~ NATURE OF REQUEST: Briefly explain the proposed use: ^9 s Will this have an impact on schools: Formal notice will be sent to applicant after approval of a Conditional Use Permit. Notice will state the conditions of the permit. If conditions are violated or not met there will be a 90 day period to cure the problem. Failure to comply with the terms may result in revocation of the Conditional Use Permit ~ ~ ~C Existing use of property: ~ ~ v~ `~ i Y~G ~p ~~c r I` ~~ ~F' ~ r.-3 .,~ ~ I p< J ~Qr.~r~r~rs ~a~ G~~TIN~ C~~~~~o~A~ i~s~ PE~1~r: The following information will assist the Commission and/or City Council to determine if your proposal will meet the requirements under the zoning ordinance. 1. What is the estimated water usage per mohth? Are the existing mains adequate to provide fire protection? N (~ / l a;~,D~ 2. What is the estimated sewer usage per month? Will pretreatment be necessary?~_ 3. What is the estimated daily traff c to be generated? Will the traffic be primarily private vehicles or commercial trucks? r1 ~ . ~~. ; ~ ,.,o 4. If commercial, industrial, or a home occupation, what will be the hours of operation? ~(g_ 5. Will storm water drainage be retained on site? Is an existing storm drain available? Is it at capacity? If so, will new facilities be constructed? 'y~,~ „P ~ ~~ r 6. If proposed use is residential, describe number and type of dwelling units. Will this be ~- ~ ~E'~ student /Ihousing: multi-family for young families, singles and couples, or elderly? - ~ ~,,,,~ 6• w ill ~ ~ ~ py~ 7. What provision has been made for fire protection? Where is the nearest fire hydrant? Is any point of the building further than 150 feet from access sufficient in width for fire fighting equipment? ~ -~ 8. How much parking is being provided on-site? Do the aisle widths and access points comply with the. ordinance requirements? Has landscaping been provided in accordance with the ordinance t ~ ~ i . ~~ -2 ~ ` <. 9. Where will solid waste generated be stored? Is access adequate for the City collection?~~ 3 v/!~f i~~ /7 ~ ~ t n.~ /~ ! ~i? ti./ ~ , • 10. What is the type of noise that will be generarted by the use? What are the hours of noise generation? GL.,ir ~-~c~ ~- 'sT l l c°c~-.v ~.~(~ 11. What type of equipment will be use in the conduct of the business? ,~ ~v C ~ ~- 12. What are the surrounding land uses? Ha buffering een provided as required by the ordinance? ~ .~,. ,.. l a ~- ~_ . ~ -- - ~ ~ - - - - ~ / 13. Are any air quality permits ret~uired? Is dirt or other dust creating materials moved by open trucks or box cars? ~ ~<1 - 14. Will the parking lots or other outdoor areas have lighting? ~/ E j -v-- 15. Are passenger loading zones for such uses as daycare centers and schools provided? How is busing routed? For commercial uses, where are the loading docks? Is there sufficient space for truck parking? ~ ~ ~ 1 b. If a commercial, multi-family, or public assembly use, where is the nearest collector street? Arterial street? A 1 ~ A- 17. What, if any, signageu~is anticipated innconnLection-with th pro$,osed ups-age? ' ~ ~ --•`Li-C.~' ~/.~--1 ~~ ~11.~ 1 Y ~I 1 Yl ~'1 l~rA L~ 1 ~ ~ l , f~ r w J ~~ ,~`~- C ~:....- r ~ _ ~. ~' The Commission or Council may address other points than those discussed above, but a/ narrative addressing at least those applicable points will assist in processing your application: ATTAC'T T T T AS K r',QUESTED BY SECTION 6-9. ~ r Signature of Applicant Date XxXXXXXXXXXXYYYYYYYYVVYI*YXxYX~~ F'OR OFFICE USE O'~tI.Y: Fee: Date Paid: Paid By; Check _ Cash Other Date of Notice: Hearing:. P&Z Council v~ • . _. C~~~'I'I~~AL ~(JS~ P~~+I~IIT P~~~~I~~S The City of Rexburg Zoning Ordinance designates certain Land uses in each Zoning District which are allowed. These are listed in the Zoning Ordinance for each zone. The City Clerk or City engineer should be consulters if you have questions about whether your proposal will need a Conditional Use Permit. If a C.U.P.. is needed, you will need to get an application from the City. Clerk and fill it out for a C.U.P.. You will then need to return the application and rerluest that the City Clerk put you on the Planning Commission agenda one week prior to the meeting. The Planning & Zoning Meetings are held on the 2nd and 4~' Wednesday of every month at 7:00 p.m. The City Glerk will then mail to the Planning Commission the application for them to review prior to the meeting. At the meeting the board will discuss your request with you and set it for Public Hearing. You will need to pay $200.00 to the City Clerk prior to any advertising for the hearing. Prior to granting a conditional use, at least one Public Hearing shall be held to give persons an opportunity to be heard. The City Clerk will put the notice for the hearing in the paper 15 days prior to each hearing, mail a copy to all the property owners within 300 feet and post a notice on the property: After the Planning Board holds their hearing they will make a recommendation to the City Council. The City Council will take the Planning Board recommendation into consideration. If a hearing is required before the City Council they will then take into consideration oral and written testimony as well as the recommendation from the Planning Board. A decision will be made by the City Council w-i`~hin the time frame allowed by Section 67-b5 i i, Idaho Code. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Planning and Zoning Commission of the City of Rexburg, Idaho, Thursday, July 21St, 2005, at 7:05 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a Conditional Use Permit (CUP) for Dormitory Housing for afour-plea and a duplex. The location is zoned as (MDR) Medium Density Residential. There are five parcels in this proposal. The said properties are located between South 3rd West and the Railroad property in Rexburg, Madison County, Idaho, and more particularly described as follows: Parcel 1: Commencing at a point S rods North of the Southeast corner of Lot 1 in Block 3 of the Southend Addition of the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence North S rods; thence West 10 rods; thence South S rods; thence East 10 rods to the point of beginning. Parcel 2: Beginning at a point 66.00 feet South of the Northeast corner of Lot 4, Block 45 of the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence West 167.00 feet, thence South 99.00 feet; thence East 167.00 feet; thence North 99.00 feet to the point of beginning. Parcel 3: Beginning at a point 165.00 feet South of the Northeast corner of Lot 3, Block 45, of the Original Rexburg Townsite, Madison County, Idaho, as per the recorded plat thereof, and running thence West 33.00 feet to the Oregon Shortline Railroad East right- of-way; thence North 30°30'00" East 65.34 feet along the right of way; thence South 56.02 feet to the point of beginning. Parcel 4: Tract I- Commencing 146.7 feet West of the Northeast corner of Lot 4, Block 45, of the Original Rexburg Townsite, as per the recorded plat thereof, Madison County, Idaho, and running thence west 120 feet; thence South 30°20' West 76.47 feet; thence East 159 feet; thence North 66 feet to the point of beginning. Tract II- Commencing at a point 66 feet South of the Northeast corner and 175 feet West of Lot 4, Block 4S, City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence South 99 feet; thence West 1 SS feet; thence North 99 feet; thence East 1 SS feet to the point of beginning. Less railroad right-of--way. Parcel S: Commencing at a point that is 6 rods West of the Northeast corner of Lot 10, Block 8 of the Rigby Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence West S rods, thence South 8 rods, thence East S rods, thence North 8 rods to the point of beginning. At such hearing the Planning and Zoning Commission will hear all persons and all objections and recommendations relative to such proposed permit. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on July 20, 2005. This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and all amendments thereof. DATED this Olst day of July, 2005. CITY OF REXBURG By ~~ ~. ~ Blair D. Kay, City Clerk , _/ Published: July 5th, 2005 July 16th, 2005 ALLIANCE TITLE g ESCROW P.O. BOX 732 WARRANTY DEED RDCBURG, l0 1330 Order No.:3040312608-E FOR VALUE RECEIVED Keven Snell and Diane Snell, Husband and Wife the grantor(s), do(es) hereby grant, bargain, sell and convey unto Roger D. Sorenson and Elaine C. Sorenson, Husband and Wife whose current address is ; L~p~W ~„~ 7~pJn-~t~L1ls .m 8 S~-1bZ.. the grantee(s), the following described premises, in Madison County, Idaho, TO WIT: Commencing at a point 5 rods North of the Southeast corner of Lot 1 in131ock 3 of the Southend Addition of the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence North 5 rods; thence West 10 rods; thence South 5 rods; thence East 10 rods to the point of beginning. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is/are the owner(s) in fee simple of said premises; that they are free from all encumbrances Except: Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. Dated: 3 - "" ~ Ke n Snell~f Dr ,11 ~- State of Idaho } County of trlFedieer- Se T- Y' ~ this 1 ~~ ~Q' 7 "fit ~Q~C ~r ~ ~ ~efore me, a Notary Public in and for said state, personally appeared Keven Snell~Diane Snell lrnown or identified to me to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged to me that he/she/they executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and y st above written. Nner4 's Notary P is for the State of Fdaho ~OTAq'y ~ Residing at: ~ i ~ = 1 - - - ~ L Commission Expires: ~lJBi"IG ~ _ Of . tD_a~~ Commission bcpires;1-31-04 Instrument # 302111 REXBURG, MADISON, IDAHO 2003-03-10 04:28:00 Na P : t Recorded for : ALLIANC ITLE AN E OW MARtLYN R. RASMUSSE oe:'.1.00 Ex-0filclo Recorder Depu V WARRANTY DEED Order No.:30405147ti2-H FOR VALUE RECEIVED ~~oS ~~z ~ ~_ ~ ALLIANCE TITLE & ESCROW P.O. BOX 732 REXBURG, ID 83440 Danny McGavin Hebdon, an unmarried person , husband and wife the grantor(s), do(es) hereby grant, bazgain, sell and convey unto Cory Sorenson and Mandy Sorensot whose current address is ,~~ ~• ~JY~ W Rt,~fA•t"lj~ -~ Oc'~7TV the grantee(s), the fo]lowing described premises, in Madison County, Idaho, TO WIT: Begirming at a paint 66.00 feet South of the Northeast corner of Lot 4, Block 4.5 of the City of Rexburg, Madison Couuty, Idaho, as per the recorded plat thereof, and running thence West 167.00 feet, thence South 99.00 feet; thence East ].67.00 feet; Ehence North 99.00 feet to the point of beginning. Together with a right of way easement for ingress and egress described as follows: Commencing at a point 1(iS feet South of the Northeast corner of Lot 4,in Block 45 of the City of Rexburg, as per the recorded pla# thereof; and running thence ~i'est 1.75 feet, thence North 10 feet, thence East ] 75 t'eet, thence South 10 feet to the point of beginning. TO HAVE AND TO HOLD the said premises, with their appurtenances utno the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is/are the owner(s) in fee simple of said premises; that they are free from all encumbrances Except: Current Yeaz Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, appazent or of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. Dated: 3/Ol/2005 Danny McGavin Hebdon Instrument # 318019 REXBURG, MADISON, IDAHO 2005-03-01 07:52:00 No. of P State of Idaho } Recorded fa :ALLIANCE tTLE AN E OW }ss. MARILYN R. RASMUSSE ee: S.DO County of Madison } Ex-0fikio RseoMer De On this day of rC , in the year 2005 before me, a Notary Public in and for said state, personally appeared Danny McGavin Hebdon ]mown or identified to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IAI WITNESS WHEREOF 1 have hereunto set my hand and affixed my official seal the day and year first above written. Not ry Public for he a e Idah g ,,f ' `~ Residing at\ .rJry ~CiF F It/p ' %';• • ,4;~~ ••• °•••• ,'~/~'~;. .Commission Expires: ~'~`•• GARY ": OI-0~ 0~ ,k.. PUBL~ .=o,' `~TaTF. U~~~C:. unt;:,.., ,. G ALUII~'rr'f1TLE & ES{:RQ1N ~. 3pX 732 Q ~~fi`~, I~,1~ ORDER NO.: 3040212356-V FOR VALUE RECEIVED, AUSTIN W. MUIR QUITCLAIM DEED do(es) hereby convey, release, remise and forever quit claim unto CINDY B. MUIR whose current address is: 160 South 3rd West Rexburg ID 83440 the following described premises: Beginning at a point 165.00 feet South of the Northeast corner of Lot 3, Block 45, of the Original Rexburg Townsite, MadisoD County, Idaho, as per the recorded plat thereof, and running khence West 33.00 feet to the Oregon Shortline Railroad East right-of--way; thence North 30°30'00" East 65.34 feet along the right of way; thence South 56.02 feet to the point of beginning. TO HAVE AND TO HOLD the said premises, unto the said grantees, heirs and assigns forever. November ~ , 2002 ~1~liVLGe~t/ ~ yy L LL!/~ Austin W. Muir State of Idaho } County of Madison } On this ~ ~ay of November, 2002, a Notary Public in and for said state, personally appeazed ~+U~Tt w W ~ 1`1~L~ t rte. _- known or identified to me to be the persons whose names are subscribed to the within Instrument and acknowledged to me that they executed same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz in this certificate fast above written. ~ry'Public ~or the State of Idaho estding at: r2,Ft...xrj~.J (_~ ~t'7 l ~~ Commission E pines: (O - S 1 - .aC-F• ~ \ 1 N 111 I I t 1 f/ l// l ,'i ~~ •~,,.wN•,••• ~17~ ~ ~~ ~ b d~rn_ .~ b U `: d O N r` • ~ 1115trUf11@/lt # 248$ ly •'•••....•••° ~~i ```\ ','' REXBURG, MADISON, IDAHO 4i' ' ~~`, ,//~~~ 3 Rao '~ ' t fll rdedior:ALLIANQETITL,EESC Ow MARIL.YN R. RASMU EN t Fee: 3.00 Ex-0ftlclo Recorder c~ G WARRANTY DEED y ,,For Vdae Readnd ALC1ARDidt STVART, dealing with MU Iola sad asperses ptwpart) lM gnnbr . de as har-Ip graaL 6argaht, aeR sad esaR) Mb AtlSTiR W. "tlIR i CIRD7 6. lRIIR, hueMed and vita tM anntee ^ . when oenrrt eddse.. f., lSi'1 Soot4 700 Peat. gexburg, Id. R7At,0 the fdhnrlnR dtrerihed p,emMre. Mwit: TRACT Ie Coaaeneing U6.7 feet Ynt of tM Rertheaat corner of Lot i, gleek t3, of the Original Rexburg Tovaaita, as per the recorded plat tMreof, IYdiaoo Counq, Idaho, end running thence riot 120 Gett thence South 70'IO' Wrt 76.<,7 fati tMnee Gat 159 teat; cheats MortA 66 feet to tM potat of Mgiwlag. Tract IIe Coaartseing at a pelnt 66 feet Sontb of tM Rertbeut corwr sad ' 17S fat Wet of Lot 4, Rloek 15, C!t) of Rexburg, MedUOe Ceuat), idabo, o paz the naozded plat thereof, and rrmaing thence Sont6 99 tntt eMsue Wet 1S5 feet; tMnce RortA 99 fntt thence Fast ISS Get to tM point of Mgtrming. Uaa railrwd right of w). Together with a right of w) enasant for ingreae and agrees dncrlMd u followas Cos:exeiag at • point 16S feet South of eM RortMut eoraar of Lot ~ !a Block L5 of tM Cit) o[ Rexburg, as per eM reeordW pLt tMreof, and rsamiag tbena Vnt 175 feat; tMnca Rortb 10 fret; thevee past 17! fort thence South 10 feet to ebe point o[ Mginalag. l 'tti) HAVE AND T'O llO1.D the said premMra, with their appurteeees onto tM asN Cnateag, TRLIR heirs and aealges farerer. Aed the said Greater do hand, enamsnt to sad with the std Cruster .that M•a tM owner In fa daipM of said tasadna: that asid premise asv free from aR isseemtvaaeea sad flat M w01 warsaat and defend tM same Cram aA Mwfd ebdsw wlatateear. ads Na) is. 1991 ~, _ ~~ ~p~fs C641tiTr OpMadisoo ~0-.~IA~ • SS ~ b rt tlh to 91 ~,: esl~ to eed Gr eve awe, pweerty 0 ~ }c.~pt ir: ~runrs i . dp. r'gg STOART Aerew N ew b M eu aware wM arer rre,eetA.e b tM wtede YMtseel. V reaerelNaea M .. dre h~ef~~ ,~, ,~ ~~-~v-~~y~)~-rs•erYd tM ~.- _1'~~IJ~e~ssy~ / ~r _~ r' ~dpr. 7/ZSHd ^~- ar aw ..t r .... v. .. RrAta or mAao, tooerr or`7'Y~ qd! Sr-„ ; 4..6t eetih erg ei t~ a R1.d Gr nawd et eR ••vw •~ Flr3t Amerieul Tt'Je Cm~jtay .t 60 .;..tr. a.at 9 .ttwk/1..,, ew tNr s I ~ d,,.t Is V ro .RIeS eae as reaw++ Y w 7 ,f tire` et peas _. `-le~.L~~s _ .. ~l $-0satlel~-R.wwir ., ~..~ae~.. rr.. g 3t'a RR au pnt ARlMlegr 1llg CMNiq : . , __ arrrrararara~wea.rsar 1 F~t~erican Title Company QUITCLAIM DEED Value Received, Van D. Christman and Eleanor L. Christman, Husband and wife and G. Olfo and Estber E. Larson, Husband and Wife hereby convey, release, remise and forever quit claim unto Van D. Christman and Eleanor L. Husband and Wife current address is 262 East 1" South Rexburg, ID 83440 following described premises together with their appurtenances: ~mmencing at a point that is 6 rods West of the Northeast corner of Lot 10, Block 8 of the Rigby Idition to the City of Rexburg, Madison Connty, Idaho, as per the recorded plat thereof, and nning thence West 5 rods, thence South 8 rods, thence East 5 rods, thence North 8 rods to the point beginning. May 14, 2003 i _f h ~/~/ L. >TATE OF IDAHO, COUNTY OF MADISON Jn this 14'" day of Mav. 2003, before me, a notary public in and for said State, >ersonally appeared Jan D. Christman and Eleanor L. Christman :. Olof Larson end Esther E. Larson own to me to be the person(s) who name(s) subscribed the within instrument, and acknowledged to me that lshe/they executed the same. Comm. ~ O o La~r'~n •C~GLG SOtii Fsther E. Larson `' S1511i::f<:ilfi ~~ ~ S, .1 ~ . K ~~'4. r•s Instrument # 303764 REXtiIURG, MADISON, IDAHO 200S-0S-18 04:22:00 No. P es: t Recorded for : FiRS7 gA4LRl~ MARILYN R. RASMU EN Foe: 3.00 Ex-0Hklo Rocorcler '~ ~ ~• _ .. ~ i .. ~ - y, i i --~ - 19 E. Main (PO Box 280) Phone: 208-359-3020 x326 - - -'- - "- Rexburg, Idaho 83440 Fax: 208-359-3024 -~ ~ www.rexburg.oro comdev@rexburg.org July 21, 2005 Commissioners Attending: Thaine Robinson -Acting Chairman Rex Erickson -Council Member Mary Haley Ted Hill Randall Porter Mary Ann Mount Joseph Laird Charles Andersen Mike Ricks Cit~Staff: Irma Andersen -Council Member Steven Zollinger -City Attorney Kurt Hibbert - P&Z Director Bethany Caufield -Secretary Chairman Robinson opened the meeting at 7:OOpm Roll Call Chairman Robinson welcomed Charles Andersen to the Commission. 1. Minutes: July 7, 2005 Mike Ricks motioned to approve the minutes. Ted Hill seconded the motion. None opposed. Motion carried. Mary Ann Mounts was there for most of the meeting on July 7, 2005, but had to leave. She was in favor of the part she was there for, and abstained for the rest. Mary Haley & Randall Porter abstained. 2. Public Hearings: A. Sorensen Parkview Apts. -- CUP Kurt Hibbert reported that the property is Medium Density Residential and requires a Conditional Use Permit because Mr. Sorensen wants dormitory style housing, which was formerly Single Family Residence. On the site plan, his density was indicated as well as the parking. There is a complete horseshoe loop coming in from 3rd W, where that interior parking is and loops around where it says "emergency access drive". Joe Laird arrived. Applicant arrived for Sorensen Parkview Apts. Cory Sorensen - 150 1't S 3rd W. This was a project he, his wife and father-in-law started. There will be grass surrounding the log cabin. In the future, he would like to get rid of the manufactured home, where he and his wife are currently living. The only thing he would tear down is a fence. All of the parking spaces do fit code. The way it will be set up will provide enough space for parking. • Charles Andersen asked if there was future development if they would be required to have a more accurate site plan. Kurt Hibbert replied that in the event that development comes along, they would. If there is more development, more structures, it would have to be entered into a whole new review process. Chairman Robinson: opened the public input portion. For: None Neutral: None Against: None Chairman Robinson closed the public input portion. Chairman Robinson commented that he noticed there are a lot of overgrown weeds on the property, especially near the four-plex. Cory Sorensen replied that he had been working on the weeds until it began to rain, then he started working on redoing the sidewalks himself. There are a lot of weeds on the property that will be taken care of as soon as the sidewalks are finished. Charles Andersen asked what Mr. Sorensen was planning to do with the property pending for purchase. Cory Sorensen reported that they plan to purchase the property in the future. They would like to build another four plex and have the parking in the back. Mary Haley asked about having room enough to move the trash bins in the back of the home. C r Sorensen said that they could place the trash bins in the back since they have extra parking that can be taken out to provide the necessary space. Chairman Robinson expressed concern with the bone yard appearance, and being able to maneuver a big car around in the parking area. Cory Sorensen replied that it will be a loop. The minimum requirement is twenty-two (22) feet when having two-way traffic. Mike Ricks asked about the parking when two or three visitors come. Cory Sorensen explained that they are actually making the access better for vehicles to get back there. It used to be ten (10) feet; it will become twenty-two (22) feet. It will be a fire lane, painted red. If there is a car parked there, they can legally tow them. Joe Laird was concerned with the access for the fire trucks and fire hydrants. Cory Sorensen explained that he spoke with Chris Huskinson. The fire hydrant is fifty-four (5~) feet to the single family that is pending purchase, and one hundred and twenty (120) feet to the log cabin. Mr. Sorensen said that he is still maintaining the emergency access. Steven Zollinger commented that the Fire Department will require the minimum number of fire hydrants according to construction. If the Fire Inspector feels that it is a new use, he can require them to bring it up to code. Mary Ann Mounts motioned that they grant the Conditional Use Permit and add the condition that he relocate the dumpster, if possible, to where it cannot be seen on the road, but check and make sure it can be picked up by the city. She did not see any other conditions that could be imposed upon him and he is meeting the minimums, as long as the fire department has approval. Charles Andersen seconded the motion. 2 ~ ~ None opposed. Motion carried. B. Madison School District -Rezone Varr Snedaker works for the school district - 148 S Sri W. The property in question is immediately south of the School District Office at 232 N ls` E. The previous owner passed away and the family came and asked if the School District would like to have it. They are planning to buy the property and turn it into offices. The requested zone change is from LDR2 to PO (Professional Office). They don't plan to tear the building down or change the outside at all, but they plan to remodel the inside to accommodate the techs and their equipment. The techs are currently living in a trailer where it gets really hot. He didn't feel parking would be an issue since there is plenty of parking next to the property and they don't see a lot of traffic. There won't be a lot of noise because there will only be techs in there working on computers. Randall Porter declared a potential conflict. He owns a piece of property across from the property in question. Mary Ann Mounts also declared a perceived conflict because she works for the School District. Commissioners had no complaints. Both remained on the Commission to participate in deliberation. Mary Haley asked about the maintenance of the yard. Varr Snedaker replied that they will maintain the yard. They plan to also clean up the property adjacent to the home as well. Chairman Robinson opened the public input portion. Favor: None Neutral: None Against: None Chairman Robinson closed the public input portion. Chairman Robinson asked if Kurt Hibbert if he had heard of any comments from the neighbors or the reaction to them. Kurt Hibbert replied that he hadn't. Joe Laird asked what the plan is for the parking. Varr Snedaker replied that he believes the current driveway will provide plenty of parking. They have not gone through and made any plans to change the parking. It looks nice and they want to keep it that way. Just north of that, there is bare ground that could be turned into parking in the future. Chairman Robinson asked about staff review. Kurt Hibbert reported that there were no concerns. It is an existing structure as long as they don't change the use or the structure itself. When they change to offices, they will have to turn in plans and have the City Engineer review and approve a parking plan. When the home is transitioned into offices, they would no longer be able to park in the driveway. Chairman Robinson commented that it would be nice to see a barrier or a nice fence, or some type of barrier between the house and the neighborhood. Randall Porter motioned to recommend to City Council that they grant the rezone as asked for by the applicant subject to the staff review and consideration to the concerns the Commission discussed about the lots and weeds. Mary Ann Mounts seconded the motion. None opposed. Motion carr~. 3. New Business: A. Ferguson & Co. Site Plan Kurt Hibbert passed around an additional document that had just come in with modifications based on staff review. The original site plan did not have the landscape strip between the sidewalk and the curb. They also made the sidewalks go somewhere and connect. There were several other reconfigurations for parking to make it more accessible, they also put in handicap stalls and located the fire hydrant. The property is behind the Sonic and the Nature's Nook bread place, next to the canal. The building location will need to stay exactly the same, but the footprints of the drawing will need to be altered a little bit because of Commercial Design Standards, rectangular boxes are not allowed. The Staff will review the revised site plan, Randall Porter commented that calling the place "Park Place" might be a little difficult to find the place because there are many things with the name "Park" in it. Kurt Hibbert said he would make that comment back to the developer. Randall Porter asked if there was a lighting plan. Kurt Hibbert reported that will also be done as part of the design review. That is required along with that in the new ordinance. Charles Andersen motioned to approve it as a preliminary site plan pending design standards review board completing their work. Mary Ann Mounts seconded the motion. None opposed. Motion carried. B. Henderson Addition Division #2 -Preliminary Plat Kurt Rowland with Schiess & Associates - 310 N 2"`' E, Suite 125. He represented Bill Henderson, for the Henderson Addition Division #2. They know they have to put a park in, ten (10) percent, if it is over 100 lots or more and that is offered to the City at their market values. That will be planned in Division 3. Chairman Robinson asked if they were putting duplexes on certain lots. Kurt Rowland stated that they will all be residential houses. Kurt Hibbert clarified that it is a property right within the zone that they can have an apartment if they meet the land area requirements and the requirements in the building code to have a separate building unit. That can still happen with all of the lots except six (6) of them. Kurt Hibbert reported that staff had no concerns with this Preliminary Plat. Kurt Rowland explained that in Westates Subdivision, where they are going to cross the canal with the road, they are going to put an LDS church right on the corner. So there will be a road with a sidewalk going across for pedestrians to walk to church. Mary Ann Mounts motioned to recommend to City Council approval of the Preliminary Plat. Randall Porter seconded the motion. None opposed. Motion carried. 4 ~~ 4. Enforcement Report: Kurt Hibbert reported that quite a bit of time has been spent on the issues about weeds on the lots. Appreciate Bill's efforts in working with the prosecutor and the Building Department on many of these issues. Chairman Robinson commented that the Commission appreciates his work and the effort he has gone through. 5. Items Added to the Agenda: A. Two letters Chairman Robinson made the Commissioners aware that there was a preliminary letter that needs to be read before the next meeting regarding the Rexburg Heights Annexation. There was also a letter from the East Main Neighborhood Association concerning one (1) property. B. CUP for the Hospital Steven Zollinger presented to the Commission a document of eleven (11) points he wrote up to clarify the Conditions that were put on the Hospital in order for them to receive their Conditional Use Permit. He asked for input from the Commission to make sure that those points property portray the motion that was made on July 7, 2005. Commissioners made no changes to the document. Meeting adjourned at 9:lOpm ~„ ~: _ _ ~a s. V ~ ~ C r,~ ~ ,.. `- -- c~ ,ti ~ --s ;; ~; ,~ 1 ~ - , _~. _ ~, t a C~ S i ~G wAC~t