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HomeMy WebLinkAboutAPPLICATION & DOCS - 02-00032 - 355 W 2nd S - Triplex RemodelJun.14. 2002 11:56AM APPLICATION FOR CONDITIONAL USE PERMIT CITY OF REXBURG APPLICANT: Name Z.- 1 Address, c2. City j (J. rTh. State . OWNER: (Complete ilowner not applicant) Name ki Address City .1.••■■•••■•••■■■...... PROPERTY COVERED BY PERMIT: , - Address Will this have an impact on schools7 Legal Description (Lot, Block, Addition, Division Number) NATURE OF REQUEST: Briefly explain the proposed use: /, Existing use of property: - P Y1 I l.. 1 No.4126 P. I B4r7 Phone co..) , 0 zonoZa t''? 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 FROM 0un.14, IF:30AM REQUIREMENTS FOR GRANTING CONDITIONAL USE PERMIT: 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 month? Are the existing mains adequate to provide fre protection? (,C.) CC, f?'/...4 � - 2. What is the estimated sewer usage per month? Will pretreatment be necessary? / (.51(Aderts- 3. What is the estimated daily traffic to be generated? Will the traffic be primarily private vehicles or commercial trucks? r 4. If commercial, i trial, or a home occupation, what will be the hours of operation? 4, 4 FAX NO. :1- 435 - 635 -9457 5. Will storm water drain be retained on site? Is an existing storm drain available? Is it at capacity? If so, will new facilities be onstructed? f ui r7 Jun. 14 2002 04:00PM P3 No.4126 P. 2 6. If proposed use is residential, describe number and type of dwelling units. Will this be student housing: multi - ammily for young families, singles and couples, or lderly? 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_ Liow much parking is being provided on -site? Do the aisle widths and access points comply with the ordinanc ' requirements? Has landscaping been provided in accordance with the ordinance? / i r 9 Where will solid waste generated be stored? Is access adequate for the City collection? yes C. FROM :` Ju11.14. 1UU2 1I:56AM 10, What is the type of n generation? 12. What are the surrouttdi g land uses? Has ordinance? .5 - h' y - - fj O FAX NO. :1- 435 - 635 -9457 Jun. 14 2002 04:01PM P4 No.4126 P, 3 se that will be generated b the use? What are the hours of noise 11 What type of equipment will be s d in the conduct of the business? bufferin been pro vided as rc b the a 11 Are an air quality permits required? Is dirt or other dust creating materials moved by open trucks or box cats? i 14- Will the parking lots or other outdoor areas have lighting? 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? 16. If a commercial, multi - family, or public assembly use, where 's the nearest collector street? Artet'iaL4treet? J ry � , (,' . _ /,‘ 17_ What, if any, signage is anticipated in connection with the proposed usage? rr) The Commission or Council may address other points than those discussed above, but a narrative addressing at least those applicable points will assist itt ; . processing your application. ATTACH A PLOT PLAN AS QLJBS'1'kia BY SECTION 6.9„ /1 Signat of Applicant ,Date FOR OFFICK USE ONLY: Fee: Date Paid Paid By: Cbeck C Date of Notice: Other Nearing', PdZ Council . . • " FROM : QUICKSAND AND CACTUS B&B PHONE NO. : 801 674 1739 10. 22 8:32AM IDAHO eUKFUKAlt JtKV1LE3 0 15 ou-HiD A bi TBI SliZT= IS MAnE SOT. FOR rdE PURPO= CV ASSIST/NG IN LOCATING TEE PREMISRS AND TIM CalimANT .45SamEs NO LIAniLrrY FoR VARIATIONS 1.7- ANY., WITH AN .ACTLW.A...SURVEL Finer amERICAN TITLZ:CatpANY ' Idly I. I_ • •:;` • 7.1 " 95 P02. FROM FAX NO. :1-435-635-9457 Jun. 14 2002 0401PM P5 tr SCA LC 3/(0Y pAkgliv --aPncEs 6 ARE cti)(le' <- isc• 4 PAkKliv4 SP/h4." 7• fit AAd6 ' FuLL si ziE. 10 -roi U. .16 9 (A PA-xkim6 Pic/10 /-too( C9 tif % c 0 UeoteD gy Buioutic, c* Mv//J L t NOTICE IS HEREBY GIVEN that Glen Jeppesen and Peggy Jeppesen, husband and wife, of 349 W. 2nd S., Rexburg, Idaho 83440, as "Sellers," are selling on written Contract of Sale of this same date to Larin E. Cox and Dowanna Kay Cox, husband and wife, of 200 South 1430 West, Hurricane, Utah 84737, and Alan G. Shields and Becky Shields, husband and wife, of 350 South 760 West, Hurricane, Utah 84737, as "Buyers", the property known as 349 W. 2nd S., Rexburg, Idaho, to -wit: Commencing at the Northeast corner of Lot 2, Block 6, Southend Addition to the City of Rexburg, as per the recorded plat thereof, and running thence South 90 feet; thence West 100 Feet; thence North 90 Feet; thence East 100 feet to the point of beginning. TOGETHER WITH any and all improvements and appurtenances, thereon, and with rents, issues and profits thereof, and reversions and remainders. For a purchase price and on terms specified in the Contract of Sale to which reference is hereby made. Buyers will be granted full possession of the premises on closing which is scheduled to be at least 90 days in the future and it may be extended. However, Buyers are granted immediate possession of the East 35 feet of the property, solely for the purpose of using the same as access to adjoining property on the south and with the right to improve the access by graveling or paving. "SELLERS" ppese DATED This - 7 day of August, 2002. Glen Jeppes n Larin E. Cox Notice of Contract of Sale — Page 1 of 2 Sbields.NCS NOTICE OF CONTRACT OF SALE "BUYERS" owanna Kay Cox Alan G. Shields Becky Shields Instrument # 297869 REXBURG, MADISON, IDAHO No. 2002 -08 -30 Recorded for : FIRST AMERICAN T MARILYN R. RASMUSSE 1 � Ex- officio Recorder Dep Pages: 2 LE Fee: 8.00 + STATE OF IDAHO ) ss. County of Madison ) On this o 27 day of August, 2002, before me, the undersigned, a Notary Pub personally appeared Glen Jeppesen and Peggy Jeppesen, husband and wife, AcrtN S'EK ui P$ persons whose names are subscribed to the within Notice of Contract of Sale acknowledged to me that they executed the same. Notary Public for Idaho Residing at Rexburg </ Commission Expires: d'-1/— .991)- N 0 s o Lie �� 0 ,, �� i NO, • 0 Cn 9 i ia= STATE OF UTAH ) s� • G A t r I y SS . 0 � `',...... County of Washington ) ��i�/47 ,. F 'DAIrk° 0 ���`�� ` On thisJ 'day of August, 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared Larin E. Cox and Dowanna Kay Cox, husband and wife, and4410n-G. Otte ls. and Becky Shields, husband and wife, known to me to be the persons whose names are subscribed to the within Contract of Sale as Buyers and acknowledged to me that they executed the same. NOTARY PUBLIC SUSAN C KELSEY 181 NORTH 160 EAST 646.3 HURRICANE, UT 84737 MY COMMISSION EXPIRES JULY 15TH 2003 STATE OF UTAH Notice of Contract of Sale — Page 2 of 2 Sldelds.NCS Acknowledgments Acknowledgment Notary Public for Utah Residing at Commission Expires: lie in and for said State, known to me to be the as Sellers and NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Planning & Zoning Commission of the City of Rexburg, Idaho, Thursday, September 05, 2002, at 7:20 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a Conditional Use Permit for student housing for fourteen students zoned MDR. The said property is located at 355 1 /2 West 2n' South in Rexburg, Madison County, Idaho, and more particularly described as follows: Parcel 1:Commencing at a point that is South 210 feet from the NE corner of Lot 2, Block 6 of the South End Addition to the City of Rexburg, as shown on the recorded plat thereof, Madison County, Idaho, and running thence South 120 feet; thence West 95 feet; thence North 70 feet; thence West 5 feet; thence North 50 feet; thence East 100 feet to the point of beginning. Parcel 2: Right of way easement for egress and ingress commencing 100 feet West and 90 feet South of the NE corner of said Lot 2, Block 6 of the South End Addition to the City of Rexburg , as shown on the recorded plat thereof, Madison County, Idaho, to the Point of Beginning; and running thence West 20 feet; thence South 150 feet; thence West 210 feet; thence South 30 feet; thence East 105 feet; thence North 10 feet; thence East 125 feet; thence North 170 feet to the Point of Beginning. At such hearing the Rexburg Planning and Zoning Commission will hear all persons and all objections and recommendations relative to such proposed approval. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on September 04, 2002. This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and all amendments thereof DATED this 16t day of August, 2002. Published: August 16, 2002 September 02, 2002 CITY OF REXBURG BY —� 1") (SEAL) Blair D. Kay, City Clerk August 15, 2003 Larin and Dowanna Cox 200 S. 1430 W. Hurricane, UT 84737 Subject: Cox Apartments CUP Dear Larin and Dowanna, This letter is to document our meeting this morning and to communicate the items agreed upon. We met today for a follow up site inspection to verify compliance with the terms of the conditions required for issuance of a Conditional Use Permit. You have complied with the conditions as follows: • Existing access from 4 West has been vacated for use by the tenants of the units. The managers will continue to use the existing access off of 4 West. The tenants will not use this access. • Property has not been fenced on the parking lot bordering the Wilson Property. It was agreed that the 20 foot access easement (greenspace) could serve as the required buffer with the agreement of the Wilsons. If Wilsons are not in agreement with this solution then a fence would be required. In any case the parking lot will be developed so as to preclude access from the tenant parking lot onto the Wilson property (Concrete Parking Barriers and /or an earthen berm). The parking lot has been striped for occupancy of 13 students with the 2 Managers parking in the front driveway. • Property has been fenced along the south property line bordering the Calder Property and meets the buffering requirements. The existing northern parking lot access onto 2nd South has not been paved as is required by ordinance. It was agreed that this access will be paved at the time -of development of the Cox property to the South or by September 1, 2005 which ever comes first. With the Wilson agreement to the discussed buffer you may be issued your Occupancy and Conditional Use Permit. If you have any questions please do not hesitate to call. Sincerely, STATE OF IDAHO Kurt Hibbert City of Rexburg / Planning and Zoning Administrator P.O. Box 280 12 North Center Street Rexburg, Idaho 83440 PHONE (208) 359 -3020 Fnx (208) 359 -3022 E-MAIL cityhall@ci.rexburg.id.us Monday, July 28, 2003 Dowanna Cox/Alan Shields 200 South 1430 West Hurricane, Utah 84737 Ref: 355 1 /2 West 2n South Rexburg, Idaho 83440 Dear Dowanna & Alan, Cll STATE OF IDAHO P.O. Box 280 12 North Center Street Rexburg, Idaho 83440 Phone (208) 359 -3020 Fax (208) 359 -3022 e -mail rexburg @srv.net It has been brought to our attention that the requirements for a site plan and Conditional Use Permit for three apartments at 355 West 2n South have not been met. This is in violation of Ordinance 725 which defines the Zoning requirements for multiple family housing in Rexburg. The Planning Commission reviewed the requests on July 10, 2002 and August 01, 2002 requiring completion of the following 6 items before a Conditional Use Permit could be issued. The attached Memorandum indicates that the Planning Commission Office and Building Department reviewed the requirements on June 18, 2003 fording several deficiencies. 1) Require a hard surface with drainage approved by City Staff 2) Adequate lighting from Wall pack lighting (Bank Lighting) for the parking areas 3) Abandon the 4 west access to the units 4) Provide access from 2n south as the primary access to the units 5) Obtain legal access to 2n South 6) Paragraph B -4 and B -6 on Page 53 of the Planning and Zoning Ordinance Book (B-4) Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibration, improperly directed glare or heat, electrical interference, odors, dust or air pollutants, solid waste generation and storage, hazardous materials or waste, excessive traffic generation, or interference with pedestrian traffic. (B -6) Not generate traffic in excess of the capacity of public streets or access points serving the proposed use and will assure adequate visibility at traffic access points. 1 The Occupancy Permit has never been issued to the property owner. Therefore, in the event the applicant wants to continue `Dormitory Style' housing in the three units, the applicant is required to Re - apply for a Conditional Use Permit with the City of Rexburg. The home can be used as a single family residence with current approvals. The units must be vacated immediately as `Dormitory style' housing pending approval of a valid Conditional Use Permit and an Occupancy Permit for Dormitory style housing. If you have any questions please contact me at City Hall or call me at 359 -3020 Ext. 313. Respectfully, CI OF REXBURG Blair D. Kay City Clerk 2 MAY -30 -02 11:45 AM VALLEYPROPERTIES May 30, 2002 Larin and Dowanna Cox 355 V2 West 2' South Rexburg, Idaho 83440 Re Shirley Property on 4' West Dear Mr. & Mrs, Cox, erely, ohn W. lllaillar 'tthlic Works Director City oi 2extur STATE OF IDAHO 3591424 P,p. Box 280 12 North Center Street Rexburg, Idaho 83440 Phone (208) 359.3020 Fax (208) 359 -3022 e -mah rexburgasrv.net Vale It is our understanding that you are in the process of acquiring portions of the Shirley Property on south 4' west and will be expanding the use in the future by possibly adding an additional 4 -plea. Because the site is already used for numerous rental properties the uses as exist are grand fathered or are in compliance with city ordinances, If, in the future, the additional 4 -plex is constructed a paved access road into the site and to the new 4 -plea must be constructed. The city will not issue a Certificate of Occupancy on any new structures on the property until the paved access has been constructed. The modification of existing structures will not require the access to be constructed unless the number of living units increases by more than one (1) unit, I f one of the existing houses in modified from a single living unit into a duplex the construction ofthe road would not be required at that time. If you have any questions please contact my office of thc planning and zoning office. P.01 August 15, 2002 Do wanna Cox 355 West 2n South Rexburg, ID 83440 Dear Ms. Cox: STATE OF IDAHO Family. One or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit, provided that a group of five or more persons who are not within the second degree of kinship shall not be deemed to constitute a family unless such five or more persons are handicapped persons as defined by the Idaho Code 67 -6531 or as defined in Title VII of the Civil Rights Act of 1968, as amended by the Fair Housing Act Amendments of 1988. P.O. Box 280 12 North Center Street Rexburg, Idaho 83440 ` -• Phone (208) 359 - 3020. Fax (208) 359 -3022 e -mail rexburg@srv.net We have allowed a building permit for 355 1/2 West 2n South for three units under the zone of MDR (Medium Density Residential). The Planning and Zoning guidelines for Rexburg indicate that MDR zoning may have by right the following: 1) Two, three, and four family dwellings 2) Limited home occupations 3) Child car centers and nurseries We have allowed a building permit at this location for three units. These units are allowed up to four individuals that are meet the following definition: Your request for a Conditional Use Permit to allow additional students at these units is scheduled for Public Hearing before the Planning and Zoning Commission on September 5 2002. The following items will have to be resolved before an Occupancy Permit will'be issued from the City of Rexburg for either family housing or student housing per the minutes for the Planning and Zoning meetings on July 10, 2002 and August 1, 2002. REXBURG PLANNING & ZONING July 10, 2002 7:00 p.m. Conditions for Occupancy Permit for 355 V2 West r South. 1)Stephen Zollinger Discussed the need for an engineered site plan drawn to scale. There is no right of way indicated on the site plan. Parking and driveway are required to be on a solid surface. Discussion on the neighbors using the same private driveway as the students. Lighting, fencing and parking lot drainage was discussed. Steve McGary made a motion to accept the site plan with conditions: 1) Require a hard surface with drainage approved by City Staff 2) Adequate lighting from Wall pack lighting (Bank Lighting) for the parking areas 3) Abandon the 4 west access to the units 4) Provide access from 2nd south as the primary access to the units DaVawn Beattie seconded the motion, all voted aye, none opposed. The motion carried. REXBURG PLANNING & ZONING August 01, 2002 7:00 p.m. Old Business: Request for Conditional Use Permit - 355.5 W 2n S -Do wanna Cox Kurt Hibbert - Reviewed the location on the overhead screen. The application is for a triplex. Kurt reviewed the Conditional Use Permit request that was not addressed at the July 10, 2002 P &Z meeting. The Commission discussed the site plan request at that meeting. The request for a three unit site plan was approved with conditions outlined in the July 10, 2002 meeting as follows: 1) Require a hard surface with drainage approved by City Staff 2) Adequate lighting from Wall pack lighting (Bank Lighting) for the parking areas 3) Abandon the 4 west access to the units 4) Provide access from 2 south as the primary access to the units Discussion on the applicants need to meet conditions on page 53 of the Planning and Zoning Ordinance Book. Paragraph B -4 and B -6 were mentioned. The applicant needs to gain legal access to 2n South. Discussion on the number of units approved and the number of unrelated family members allowed per unit. Winston Dyer — Indicated that this request should be remanded to a public hearing. Steve. McGary made a motion to send the request to Public Hearing before the Planning and Zoning Commission for a conditional use permit at 355.5 West 2n South contingent upon meeting the following conditions: DaVawn Beattie seconded the motion. The motion carried. The forgoing conditions are copies of the minutes from the Planning and Zoning meetings. The City recommends strict compliance to these conditions before requesting a Occupancy Permit. Please contact me at my office or call 359 -3020 Ext 313 as soon as possible. Yours truly, CITY OF REXBURG Blair D. Kay City Clerk 1) Require a hard surface with drainage approved by City Staff 2) Adequate lighting from Wall pack lighting (Bank Lighting) for the parking areas 3) Abandon the 4 west access to the units 4) Provide access from 2nd south as the primary access to the units 5) Obtain legal access to 2' South 6) Paragraph B -4 and B -6 on Page 53 of the Planning and Zoning Ordinance Book (B -4) Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibration, improperly directed glare or heat, electrical interference, odors, dust or air pollutants, solid waste generation and storage, hazardous materials or waste, excessive traffic generation, or interference with pedestrian traffic. (B -6) Not generate traffic in excess of the capacity of public streets or access points serving the proposed use and will assure adequate visibility at traffic access points. Those voting aye Ted Whyte DaVawn Beattie Mike Ricks Steve McGary Jerry Hastings Mary Haley Jacob Fullmer Those who abstained Robert Schwartz Doug Smith Those who opposed None FROM : FAX NO. :1- 435 - 635 -9457 Jun. 14 2002 04:00PM P2 Dear Rexburg City Planning and Zoning, We are changing the home at 3551/2 W. T S. into a duplex to be used for BYU -I student housing. We will be finishing the basement and garage and rent to fourteen students. We have plenty of space for parking etc. See enclosed site plan. Val has been to the home to let us know what needs to be completed. Sincerely, �� ... e-e° Larin and Dowanna Cox June 14, 2002 Chairman: Members: P.F.C. P & Z Administrator City Attorney City Clerk REXBURG PLANNING & ZONING July 10, 2002 7:00 p.m. Winston Dyer - Excused Robert Schwartz - Excused Ted Whyte DaVawn Beattie Glenn Walker Mike Ricks Steve McGary Doug Smith Jerry Hastings Mary Haley - Excused Jacob Fullmer John Millar Kurt Hibbert Stephen Zollinger Blair D. Kay Ted Whyte Conducted the meeting. Council Member Shawn Larsen was welcomed to the meeting. Approval of the Minutes: DaVawn Beattie made a motion to approve the minutes of June 26, 2002. Mike Ricks seconded the motion, all voted aye, none opposed. The motion carried. New Business: • Site Plan Review - Valinda Plat for Townhouses Kurt Hibbert - Reviewed the site plan on the overhead screen. Staff has approved the plat with parking and fire hydrants. The private drive will be maintained by the Valinda Townhouse Association. Larry Hudson - Mountain River Engineering reviewed the project with the Commission. Discussion on the plat concerning parking and snow storage. The private drive is designated as a fire lane and cars can be ticketed. Lighting was discussed at the intersection of the private drive and 6 South. Kurt Hibbert - Appreciated the electronic drawings. 1 Larry Hudson - He discussed the project concerning street dead ends. The hammer head street endings were approved by the Fire Department. The storm drain goes into an existing inlet box on 6 South. DaVawn Beattie - Reviewed the Fire Department issues and asked about the fire hydrants. Jacob Fullmer made a motion to accept the Valinda Plat with conditions: 1) Wall pack lighting (Bank Lighting) will be added to the Apartments 2) Street lighting will be added at the entry on the corner DaVawn Beattie seconded the motion, all voted aye, none opposed. The motion carried. • Conditional Use Permit - 355.5 W 2" S - Dowanna Cox • Site Plan Review (355.5 W. 2° S.) Kurt Hibbert - Reviewed the request on the overhead screen. The request is for three units, one manager and two apartments. The ingress /egress at the railroad track was denied due to the clearance issues with the Rail Road Track. If the access is developed on 2n south Staff will approve the request. The parking and set backs are adequate for a triplex. Discussion on the type of request the applicants is seeking. The request should be for a site plan review. Shawn Larsen - Requested information on the type of housing the applicant is seeking. The applicant intends to put College students in the units. The units would be BYU -Idaho approved housing. Ted Whyte - Discussion on the parking stalls. DaVawn Beattie - Reviewed the site plan and discussed the need for additional information. Stephen Zollinger - Discussed the need for an engineered site plan drawn to scale. There is no right of way indicated on the site plan. Parking and driveway are required to be on a solid surface. Discussion on the neighbors using the same private driveway as the students. Lighting, fencing and parking lot drainage was discussed. Steve McGary made a motion to accept the site plan with conditions: 1) Require a hard surface with drainage approved by City Staff 2) Adequate lighting from Wall pack lighting (Bank Lighting) for the parking areas 3) Abandon the 4 west access to the units 4) Provide access from 2' south as the primary access to the units DaVawn Beattie seconded the motion, all voted aye, none opposed. The motion carried. 2 Chairman: Members: P.F.C. P & Z Administrator City Attorney City Clerk REXBURG PLANNING & ZONING July 18, 2002 7:00 p.m. Winston Dyer Robert Schwartz - Excused Ted Whyte DaVawn Beattie Glenn Walker Mike Ricks Steve McGary Doug Smith - Excused Jerry Hastings Mary Haley Jacob Fullmer - Excused John Millar Kurt Hibbert Stephen Zollinger Blair D. Kay Winston Dyer welcomed Council Member Shawn Larsen and new P &Z Commission member Mary Haley to the meeting. Approval of the Minutes: The minutes of July 10, 2002 were reviewed and the Conditional Use Permit at 355.5 W. 2n S. for Dowanna Cox was discussed. Winston Dyer discussed the Commissions approval of the Site Plan without addressing the Conditional Use Permit. The applicant intends to house 16 individuals in three units. The discussion from the Commission Members indicated their concerns on the site plan. The applicant had worked with City Staff to resolve other issues. No further action was requested by the Commission Stephen Zollinger - Reviewed the Commissions desire to clarify the application. There was some confusion on the application's intent. The discussion shifted to Site Plan issues. DaVawn Beattie made a motion to approve the minutes of July 10, 2002. Mike Ricks seconded the motion, Winston Dyer abstained, all voted aye, none opposed. The motion carried. Noncontroversial Items added to the agenda DaVawn Beattie - Discussed sidewalk locations and safety issues with curb side locations. 1 Chairman: Members: P.F.C. P & Z Administrator City Attorney City Clerk REXBURG PLANNING & ZONING August 01, 2002 7:00 p.m. Winston Dyer Robert Schwartz Ted Whyte DaVawn Beattie Mike Ricks Steve McGary Doug Smith Jerry Hastings Mary Haley Jacob Fullmer John Millar Kurt Hibbert Stephen Zollinger Blair D. Kay Winston Dyer welcomed the public to the meeting. Approval of the Minutes: DaVawn Beattie made a motion to approve the minutes for July 18, 2002 with a spelling correction for Paul Lafollette. Steve McGary seconded the motion, all voted aye, none opposed. The motion carried. Noncontroversial Items added to the agenda Winston Dyer announced that Commissioner Glenn Walker resigned his Planning and Zoning position with a letter of resignation. Winston thanked Glenn for his service and said his great input will be missed by the P &Z Commission. A replacement candidate will be sought from the City Impact Zone. The Chair exercised Executive Privilege and read a statement concerning BYU- Idaho's announcement to begin building 156 units of married student housing. The statement is on file with the minutes. Old Business: Request for Conditional Use Permit - 355.5 W 2' S - Dowanna Cox Kurt Hibbert - Reviewed the location on the overhead screen. The application is for a t iplex. Kurt reviewed the Conditional Use Permit request that was not addressed at the July 10, 2002 P &Z meeting. The Commission discussed the site plan request at that meeting. The request for a three unit site plan was approved with conditions outlined in the July 10, 2002 meeting as follows: 1) Require a hard surface with drainage approved by City Staff 2) Adequate lighting from Wall pack lighting (Bank Lighting) for the parking areas 3) Abandon the 4 west access to the units 4) Provide access from 2° south as the primary access to the units 1 1 . Discussion on the applicants need to meet conditions on page 53 of the Planning and Zoning Ordinance Book. Paragraph B -4 and B -6 were mentioned. The applic ne t ain legal access to 2n South. Discussion on the number of units approved and the number of unrelated family members allowed per unit. Winston Dyer — Indicated that this request should be remanded to a public hearing. Steve McGary made a motion to send the request to Public Hearing before the Planning and Zoning Commission for a conditional use permit at 355.5 West 2' South contingent upon meeting the following conditions: 1) Require a hard surface with drainage approved by City Staff 2) Adequate lighting from Wall pack lighting (Bank Lighting) for the parking areas 3) Abandon the 4 west access to the units 4) Provide access from 2n south as the primary access to the units 5) Obtain legal access to 2' South 6) Paragraph B-4 and B -6 on Page 53 of the Planning and Zoning Ordinance Book (B-4) Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibration, improperly directed glare or heat, electrical interference, odors, dust or air pollutants, solid waste generation and storage, hazardous materials or waste, excessive traffic generation, or interference with pedestrian traffic. (B -6) Not generate traffic in excess of the capacity of public streets or access points serving the proposed use and will assure adequate visibility at traffic access points. DaVawn Beattie seconded the motion. Those voting aye Those who abstained Those who opposed Ted Whyte Robert Schwartz None DaVawn Beattie Doug Smith Mike Ricks Steve McGary Jerry Hastings Mary Haley Jacob Fullmer The motion carried. New Business: Public Hearings 7:05 pm Conditional Use Permit - 272 - 276 W. 3r S. - Blake Loveland Winston reviewed the process for public testimony in a public hearing. Kurt Hibbert — Reviewed the request on the overhead screen. It is a Conditional Use permit for a triplex. 2 Chairman: Members: P.F.C. P & Z Administrator City Attorney City Clerk REXBURG PLANNING & ZONING August 15, 2002 7:00 p.m. Winston Dyer Robert Schwartz - Excused Ted Whyte DaVawn Beattie - Excused Mike Ricks Steve McGary - Excused Doug Smith - Excused Jerry Hastings Mary Haley - Excused Jacob Fullmer John Millar Kurt Hibbert Stephen Zollinger Blair D. Kay Winston Dyer welcomed the public to the meeting. This is an official meeting, however there is not a voting quorum. This meeting will conduct business and hear testimony. The Clerk will make careful note of the proceedings for review by Commissioners who are not present at this meeting. Winston apologized for the inconvenience to those with requests on the agenda. Approval of the Minutes: The minutes will be approved at the work meeting on the 29 of August for the Planning and Zoning meeting that was held on August lit 2002. Mike Ricks asked for a change to the minutes on page 6. The road width he is recommending is 30 feet for private driveways in subdivisions. Noncontroversial Items added to the agenda Ted Whyte - Asked about the meeting scheduled in the near future. The work meeting is scheduled forth 29t of August. Winston Dyer - Clarified with Stephen Zollinger the issue of continuing these public hearings to the work meeting on the 29th of August. These items can be added to the work meeting 48 hours in advance of the meeting. Therefore, necessary agenda items from the 15t of August will be placed on the next scheduled meeting on the 29t of August. That meeting will be used to conclude the actions pending on the 15 of August agenda. Steve McGary - Concurred with the recommendation to conclude these hearings on the 29 of August. 7:05 pm Zone Change Request - 221 W. 4`'' S. - Wade Webster HBD to HDR Kurt Hibbert - Reviewed the request for a zone change on the overhead screen. The property is the old Erickson Pontiac property. Rockland Apartments are to the West of this property. Ted Whyte - Declared a conflict and stepped down from the table. 1 Winston Dyer - Explained that good planning will allow continuity for planning the use of City Services. Transportation corridors and City back bone public work systems can be planned more efficiently if all the potential properties are included in the planning process. Mike Ricks - Only annexed property can obtain City Services. Stephen Zollinger - Discussed rational uses - Significant public discussion will be required to annex the Widison Addition. Discussion on different neighborhoods and their willingness to be annexed. The City has a number of conditions that would trigger the annexation process. A majority of property owners would be needed to bring additional properties into this request for annexation. Forced annexation can be used if there is less than a 150 properties involved. Discussion on future property annexations and the islands that could be created without bringing geographic units into the City at the same time. Ted Whyte - Suggested reviewing properties down to the South Rexburg exit. The location of the future sewer lift stations was reviewed. Discussion on the location of the water and sewer lines that are crossing Highway 20 to serve properties on the West side of Highway 20. Dowanna Cox - Came to the meeting to see how the Public Hearing process was conducted. She arrived after the Public Hearing discussions were concluded. She wanted to meet the members of the Planning and Zoning Commission. Stephen Zollinger - Indicated that City Staff does not have any restrictions on Dowanna's ability to build a triplex at 355 V2 West 2nd South at the present time because it is allowed under the current Zoning Ordinance If she still wants the Conditional Use to go forward, she will need to work out the conditions for the Conditional Use Permit and the access issues with Mr. Wilson. As far as the City Staff is concerned, she is free to move forward on whatever she has proposed to do at this point that is allowed in the Zoning Code. The Staff does not have a problem with the proposed tripex. Dowanna Cox - She came to see how the Planning and Zoning Commission meetings were run so when her request comes before the commission on September 5t she will understand the process. Winston Dyer - Explained that normally 10 Commissioners are present to conduct business. The meeting may last until midnight. Tonight some personal issues took some members away from the meeting. Winston introduced the members to Dowanna. Discussion on the house to apartments process. August 29t the Commission will review the conversion of private homes into apartments. Winston Dyer - Wants to poll the Commission on the feelings of the Commission where private development money has been pulled due to the announcement of the University to build married housing. Winston is aware of about $6,000,000 that has been pulled from the table since the Universities' announcement. The multifamily housing develops have been stifled which will add fuel to the requests to convert homes into apartments. In doing so it will change the make up of the neighborhoods. Owner occupied units would maintain some semblance of a family neighborhoods. Discussion on green space for these new developments. Mike Ricks - Requested a 30 foot driveway for private drives to be added to the Zoning Ordinance. Meeting adjourned 9 P.F.C. P & Z Administrator City Attorney City Clerk REXBURG PLANNING & ZONING September 05, 2002 7:00 p.m. Chairman: Members: Winston Dyer Robert Schwartz Ted Whyte DaVawn Beattie Mike Ricks — Excused Steve McGary Doug Smith - Excused Jerry Hastings Mary Haley Jordon Dyer John Millar Kurt Hibbert Stephen Zollinger Blair D. Kay Approval of the Minutes: August 29th Minutes will be approved at the next meeting. Winston Dyer welcomed the public and Commissioners. Noncontroversial Items added to the agenda Winston Dyer - Announced a new member of the Commission - Jordon Dyer New Business Public Hearings 7:10 pm City of Rexburg proposed Annexation of seven Parcels. The proposed properties are: Parcel #1 - Lamoreaux Annexation including US 20 - (990 West 7th South) Proposed Rexburg City Zone - Medium Density Residential (MDR) Parcel #2 - North portion of Madison County Golf Course including US 20 Annexation (Approximately 950 North 12th West) Proposed Rexburg City Zone - Open Space Zone Parcel #3 - Valley Wide CO -OP Annexation - (Approximately 12th West Highway 33) Proposed Rexburg City Zone - Highway Business District (HBD) 1 Discussion on the current zoning of the properties within the Erikson Subdivision. Parcel #5 - Cedar Point Trucking, Inc. Annexation — (Approximately 449 Airport Road) Proposed Rexburg City Zone - Industrial Zone (I) Parcel #6 - D. R. Barney Trucking, Inc. Annexation — (Approximately 499 Airport Road) Proposed Rexburg City Zone - Industrial Zone (I) Parcel #7 - Madison County Shop and Sheds Annexation — (Approximately 549 Airport Road) Proposed Rexburg City Zone - Industrial Zone (I) Steve McGary made a motion to send these 7 parcels of property to the City Council for a Public Hearing on October 02, 2002 with the respective zones changes as previously noted. Jerry Hastings seconded the motion; all voted aye, Winston Dyer and Ted Whyte abstained, none opposed. The motion carried. 7:20 pm Conditional Use Permit - 355.5 W 2nd S - Dowanna Cox Kurt Hibbert - Reviewed the request on the overhead screen. They are planning to house 14 students. They have remodeled a home into a 3 unit complex. There will be a duplex for 14 students and a converted garage for the managers. They own the property adjacent to the South and they are purchasing the property to the North. The North property will be used for the primary access for the students onto 2n South. Kurt reviewed the properties on the overhead screen. The zoning is MDR for this property. There is adequate property for parking and street access with the purchase of the property to the North of the remodeled unit. The Commissioners reviewed the access that was previously used on the West side of this property. There is a railroad crossing that would require the requestors abandon that access and use an alternative access onto 2n South. Discussion on the dormitory style housing and the need for a manager. Kurt Hibbert — Staff has reviewed a preliminary site plan for parking and setbacks. There was no concerns form Staff that could not be resolved with some attention from the developers. The parking area was reviewed and the need for a hard surface. Each occupant needs an individual parking space and a separate contract for each student. The Fire Department access must be 20 feet wide. Kurt passed out a Memo from an adjacent property owner. The Memo discussed the encroachment of people onto his property. It is his desire to have a fence installed as a buffer to his property. George Wilson — 227 South 4 West — They are owners of adjacent property to this newly converted home. George indicated that the residents of this development do not have access onto 2 South through his property. He has written letters to them indicating his refusal to provide access for the owners, managers or their renters to 2n South for their complex. As far as George 4 and his wife are concerned, the managers or renters do not have access onto 4 West through the Wilson's property. These letters were submitted to the Attorneys. Kurt Hibbert — Reviewed the proposed access through to newly acquired property to the North that will be used as access for the renters and possibly for the managers. Kurt discussed the problems and safety hazards of the 4 West access which is in the middle of a railroad signal crossing position. The City required the developers to abandon the 4 West access for safety issues. Winston Dyer — Clarified that there are legal issues that exist between the owners that they need to continue working on to resolve. The issues could be stated in the Conditional Use Permit if it is granted. George Wilson — Indicated that they are still using his property for access. Until they have access through the property to the North, George does not want the Conditional Use Permit granted. Discussion on the number of people that are allowed in a unit under the definition of a family. The Planning and Zoning Ordinance currently allows a maximum number of four people per unit in family housing units. There are currently 10 students at this location. DaVawn Beattie - Reviewed the access that was denied on 4th West by the railroad tracks. Winston Dyer opened the Public Hearing Those in favor of the request: DoWanna Cox — She represents the Cox, Shield, and Nelson property owners at 355 lf2 West 2nd South — They are in favor of the proposal and are excited to have the property. They feel this property blends in very well with the neighborhood. They feel that they have met all of the conditions required from the Planning and Zoning Commission in the August meeting. There are duplexes, four- plexes, and multiple units in the neighborhood. They feel that they are providing a beautiful home for young ladies. Allan Hackworth - 241 Steiner - Adjoining property owner on the North side - Discussed the surplus of apartments in the city. He is in favor of the Conditional Use Permit. The thing that matters is if the residents are comfortable. There is an abundance of single housing that allows the students to shop for a rental that is comfortable for them. Peggy Jeppesen - 349 West 2nd South — Glen and Peggy are in favor of granting the Conditional Use Permit. They have had apartments on all sides of them for fourteen years without incident. Allan Shields - 355.5 West 2nd South — One of the owners - They have opened the access to 2 South. He is in favor of granting the Conditional Use Permit. Allan Hackworth — Reviewed the number of students allowed in the three units. 5 (B -4) Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibration, improperly directed glare or heat, electrical interference, odors, dust or air pollutants, solid waste generation and storage, hazardous materials or waste, excessive traffic generation, or interference with pedestrian traffic. (B -6) Not generate traffic in excess of the capacity of public streets or access points serving the proposed use and will assure adequate visibility at traffic access points. 5) Amend the 5th condition to require proof on legal ownership of the lot on the North side of 355 %2 West 2n South which is the planned access to 2nd South for this Conditional Use Permit. 7) Require a fence on the South Property line that would buffer the entire South boundary Between the Cox and Calder properties. 8) Site Plan (Development Plan) be approved by the City Staff. DaVawn Beattie seconded the motion to grant a Conditional Use Permit with the eight conditions, all voted aye, none opposed. The motion carried. Jordon Dyer was welcomed to the Commission. New Business: Request for Conditional Use Permit - 328 South 3rd West - Craig Condie Kurt Hibbert - Reviewed the request on the overhead screen. Mary Haley — Reviewed the property and discussed the appearance of the property. The Commissioners reviewed the request and the site plan for parking and the future uses possible for the property. There will be an access to the back of the home for parking and future development. The zoning is MDR. Winston Dyer - Expressed his concern for the conversion of single family units to rental units. Jerry Hastings - Reviewed the proposal for meeting the requirement of the zoning in MDR. DaVawn Beattie made a motion to send this request to a Public Hearing before the Planning and Zoning Commission, Robert Schwartz seconded the motion, all voted aye, none opposed. The motion carried. Site Plan Review - Stone Brook Apts. - Subdivision #1 - Lot 2, Block 1- 600 Pioneer Rd - Westates Companies - (Stan Rowland) Kurt Hibbert reviewed the site plan on the overhead screen. It is located at 600 Pioneer Road. Staff has 8 FINDINGS OF FACT FOR CONDITIONAL USE PERMIT 1. On , June 14, 2002, Larin and Dowanna Cox presented to the Rexburg City Clerk a Request and Application for a Conditional Use Permit to change from a single family residential to student housing on property located on 355 1/2 West 2nd South in the City of Rexburg. 2. On August 1, 2002, the request went before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit of said property from a single family to student housing. It was recommended that this request should go to public hearing. 3. On August 15, 2002, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on August 16, 2002 and September 2, 2002. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 4. On September 5, 2002, DoWanna Cox appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit from single family residential to student housing on property located at 355 1 /2 West 2' South. There was a complaint on access to the property. The Conditional Use Permit was granted if the following eight conditions were met: 1) Require a hard surface with drainage approved by City Staff 2) Adequate lighting from wall pack lighting (Bank Lighting) for the parking areas 3) Abandon the 4t west access to the units 4) Provide access from 2n south as the primary access to the units 5) Obtain legal access to Tu South 6) Paragraph B -4 and B -6 on Page 53 of the Planning and Zoning Ordinance Book (B -4) Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibration, improperly directed glare or heat, electrical interference, odors, dust or air pollutants, solid waste generation and storage, hazardous materials or waste, excessive traffic generation, or interference with pedestrian traffic. (B -6) Not generate traffic in excess of the capacity of public streets or access points serving the proposed use and will assure adequate visibility at traffic access points. 7) Require a fence on the South Property line that would buffer the entire South boundary Between the Cox and Calder properties. 8) Site Plan (Development Plan) be approved by the City Staff. / Stephe Zollinger, City rney FINDINGS OF FACT FOR CONDITIONAL USE PERMIT 1. On , June 14, 2002, Larin and Dowanna Cox presented to the Rexburg City Clerk a Request and Application for a Conditional Use Permit to change from a single family residential to student housing on property located on 355 1 /2 West 2n South in the City of Rexburg. 2. On August 1, 2002, the request went before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit of said property from a single family to student housing. It was recommended that this request should go to public hearing. 3. On August 15, 2002, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on August 16, 2002 and September 2, 2002. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 4. On September 5, 2002, DoWanna Cox appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit from single family residential to student housing on property located at 355 1/2 West 2n South. There was a complaint on access to the property. The Conditional Use Permit was granted if the following eight conditions were met: 1) Require a hard surface with drainage approved by City Staff •J) Adequate lighting from wall pack lighting (Bank Lighting) for the parking areas 3) Abandon the 4 west access to the units 4) Provide access from 2n south as the primary access to the units 5) Obtain legal access to 2nd South 6) Paragraph B -4 and B -6 on Page 53 of the Planning and Zoning Ordinance Book (B -4) Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibration, improperly directed glare or heat, electrical interference, odors, dust or air pollutants, solid waste generation and storage, hazardous materials or waste, excessive traffic generation, or interference with pedestrian traffic. (B -6) Not generate traffic in excess of the capacity of public streets or access points serving the proposed use and will assure adequate visibility at traffic access points. 7) Require a fence on the South Property line that would buffer the entire South boundary Between the Cox and Calder properties. 8) Site Plan (Development Plan) be approved by the City Staff. Stephe Zollinger, City ° orney To: FILE From: Kurt Hibbert, P & Z Administrator Val Christiensen, Building Official Date: June 18, 2003 Subject: Cox Apartments CUP MEMORANDUM Follow up site inspection to verify compliance with the terms of the conditions required for issuance of a Conditional Use Permit revealed that property owner has not complied with the conditions set forth by the City for said permit as follows: • Existing northern parking lot access onto 2 South has not been paved as is required by City Ordinance and the Building Code. • Existing access from 4 West has not been vacated as recorded in the minutes of the meeting. • Property has not been fenced on the parking lot bordering the Wilson Property as required by Ordinance 725. • Parking lot has not been properly striped according to code and your submitted site plan. • Property has not been fenced along the south property line bordering the Calder Property as required by the planning and zoning commission. • There has not been an Occupancy Permit issued and the units were occupied illegally during the 2002 -2003 school year. Property owner will need to reapply for a conditional use permit allowing for the desired use as over 6 months has passed without compliance with conditions set forth in the previous application. To: FILE From: Kurt Hibbert, P & Z Administrator Date: Thursday, June 20, 2002 Subject: Cox Apartments MEMORANDUM • Site inspection revealed that identified easements runs through another property owners backyard. • Existing western access route onto 4 West is severely compromised as it enters the roadway in the rail grade crossing safety zone. • Maintenance of an access at this point would preclude the installation of active warning devices for this railroad crossing as they would necessarily be located within the roadway at the proposed access point. Planning and Zoning does not recommend that this access be maintained for health and safety reasons. • Current access does not meet minimum fire department requirements for width. Access narrows to 14 feet and is inadequate for fire truck access. • No legal easement has been provided for approval of access at an acceptable point. • Property owners will need to negotiate and sign a legal access easement to the City Street at Second South before further consideration of the site plan Kurt Hibbert City of Rexburg / Planning and Zoning Administrator MEMO TO THE FILE Mr. Fred Caulder, 244 Steiner Ave. called and will not be able to attend the Public Hearing on the Cox CUP. He wanted to register his concerns and see if they could be addressed by the commission. He wanted to state that he is very concerned about the level of trespassing through his property that is going on with the current apartments in the area. His truck is broken into regularly and he would like to petition the commission for some mitigation measures to be attached to the Cox CUP. He would like the commission to require the Cox project to completely fence their property so that their renters cannot physically trespass through his property as it is the fastest way to get to campus. The only way they can access Steiner Ave. is through his property. He does not want this and without the fence he feels it cannot be controlled. He would appreciate a sound reflecting solid wall to cut down on the noise. He is currently being overrun with apartments in the neighborhood and these mitigation measures would help minimize the impact on his property. He hopes the commission will do all they can to assure the existing property owners are not run over by these high density developments. klh 1. Approval of minutes 2. Noncontroversial Items Added to Agenda 3. New Business 5. Conditional Use Permit - 355.5 W 2 °d S - Dowanna Cox tit / • Request for a Zone Change - Highway Business District (HBD) To High Density Residential (HDR) i OD f 221 West 4 South - Wade Webster 4 L por • Re -zone and HDR Requests • New Sub Division Ordinance Adjourn CITY OF REXBURG PLANNING AND ZONING AGENDA Wednesday - July 10, 2002 7:00 p.m. Site Plan Review - Valinda Plat for Townhouses 0-00)L5r � 6 l THE ABOVE SCHED ' : ' ' • RESENT A BEST EFFORT AT SCHEDULING. IT MAY BE NECESSARY FROM TIME TO TIME TO ADJUST THESE TIMES TO ACCOMMODATE UNFORESEEN CIRCUMSTANCES. * ** Please contact City Hall three days prior to any City Meeting if there is any special assistance needed for disabled people planning to attend the meeting. MEMO: TO: FROM: DATE: RE: TO WHOM IT MAY CONCERN CHRIS HUSKINSON, FIRE MARSHAL June 20, 2002 DOWANNA COX APARTMENTS TO WHOM IT MAY CONCERN: Upon review of the site plan drawings submitted the following items need to be addressed: 1. The access indicated on the drawing does not match the actual site or property boundaries. Plan has been forwarded to Planning and Zoning office for further review. If there are any questions please feel free to contact me. Chris Huskinson Co I IL�rvcitiw� or CTS') --- 6 3 1 / S 7 Fire Marshal MEMO: TO: FROM: DATE: RE: TO WHOM IT MAY CONCERN: Upon review of the site plan drawings submitted the following items need to be addressed: 1. Site map incomplete. Plan does not show road width or access point to public roadway. 2. Is entire roadway going to be paved? Will there be access from the north to this property? 3. If scale is correct, roadway in front of house measures 18 feet, minimum requirements are 20 feet. If there are any questions please feel free to contact me. Chris Huskinson Fire Marshal TO WHOM IT MAY CONCERN CHRIS HUSKINSON, FIRE MARSHAL June 17, 2002 DOWANNA COX APARTMENT it ROM : Juu.ii 4UU4 II - kV/ / 0& FAX NO. :1 435 - 635 - 9457 i Jun. 14 2002 03:59PM P1 No,4126 P. 4 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 consulted if you have questions about 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 request that the City Clerk put you on the Planning Commission agenda one week prior to the meetin Meetings are held on the 2° and 4' Wednesday of every month t 00 Planning & Zoning The City Clerk will then mail to the PIanning 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 1 3' prior to any advertising for the hearing. Prior to granting a conditional use, at least one Public gearing 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 r a copy to all the property owners within 300 feet and post a notice the p to each hearing, mail po on Planning Board holds their �°1�n3'• After the hearing they will make a recommendation to the City Council. The City Council will take the Planning Board recommendation into consideration. If a healing is required before the City Council they will the take into consideration oral and written testimony as well as the recommendation from the Pt the City Council within the time frame allowed by Section 6 bS 1, daholCode. ill be made by FROM : QUICKSAND AND CACTUS BBB �un.18 20U2 12:58PM CEuis }luskinsan Fire Marshal s PHONE NO. : 901 674 1739 MEMO: TO TO WHOM IT MAY CONCERN FROM: CURS HIJS,K1NSON, FIRE MARSHAL DATE: June 17, 2002 RE. DOWANNA COX APARTMENT TO WHOM IT MAY CONCERN - Upon tcview of the site plan drawings submitted the following items need to be addressed' i .. Site map incomplete. Plan does not show road width or access point to public roadway. ) t 6 F4a1 PLAN 2 Is entire roadway going to be paved Will there be access from the north to this property? y6 3 If Scale is coiTect, roadway in front of house measures 18 feet minimum requirements are 20 feet ( CAA wily 15 a Lf there are any questions please feel free to contact me No 4219 P, 1 5(3S- 63S - -3o7r Cdt_&.(3,5-- 43a )-1 gS Va., A4(00 P01 To: FILE From: Kurt Hibbert, P & Z Administrator Date: Thursday, June 20, 2002 Subject: Cox Apartments MEMORANDUM • Site inspection revealed that identified easements runs through another property owners backyard. • Existing western access route onto 4 West is severely compromised as it enters the roadway in the rail grade crossing safety zone. • Maintenance of an access at this point would preclude the installation of active warning devices for this railroad crossing as they would necessarily be located within the roadway at the proposed access point. Planning and Zoning does not recommend that this access be maintained for health and safety reasons. • Current access does not meet minimum fire department requirements for width. Access narrows to 14 feet and is inadequate for fire truck access. • No legal easement has been provided for approval of access at an acceptable point. • Property owners will need to negotiate and sign a legal access easement to the City Street at Second South before further consideration of the site plan. Kurt Hibbert City of Rexburg / Planning and Zoning Administrator i i ll JUL 02 2002 11:56 AM FR CONSTRUCTION IDAHO TRANSPORTATION DEPARTMENT P.O. BOX 7129 BOISE, ID 83707 -1129 FAX: (208) 334 -4440 RAIL- HIGHWAY SAFETY FAX COVER SHEET To: Kert Hibbert Fax No.: 208/359 -3022 From: Lee Wilson Subject: Rail - Highway Sight Triangle 208 334 4440 TO 912083593022 P.01 Organization: City of Rexburg Date Sent: 01/10/02 No. Pages (including cover): 6 If I can be of further assistance, please give me a call at any time. Lee Phone: 208/334 -8561 Fax: 208/334 -4440 JUL 02 2002 11:56 AM FR CONSTRUCTION APPENDIX B 208 334 4440 TO 912083593022 P.02 Appendix B - Sight Distance Study Procedure SIGI-HT DISTANCE STUDY PROCEDURE 10/96 69 JUL 02 2002 11:58 AM FR CONSTRUCTION 70 Appendix B - Sight Distance Study Procedure 208 334 4440 TO 912083593022 P.03 APPENDIX B SIGHT DISTANCE STUDY PROCEDURE Track Sight Distance Approach Sight Triangle Figure B -1. Sight Distance Study Triangle 10/96 JUL 02 2002 11:58 AM FR CONSTRUCTION Estimation of Approach Sight Distance Approach sight distance is measured from the right -hand lane (driving lane) of both highway approaches. The distance is measured from the critical point on the roadway at a distance du from the stop bar or 15 feet from the nearest rail, This distance is a function of highway approach speed and is given in Table B -1. 'fable B -1. Determination of Approach Sight Distance Vehicle Speed (mph) Estimation of Quadrant Sight Distance 15 100 25 175 35 280 45 415 55 575 65 765 75 975 Required Distance Along Highway Crossing, d (feet) Note: All calculated distances are rounded up to the next 5 -foot increment. Source: Reference (1) 208 334 4440 TO 912083593022 P.04 Appendix B - Sight Distance Study Procedure If the rail - highway intersection and the warning device(s) at the intersection can be seen from or beyond the distance dH at a drivers eye height of 3.5 feet, then the available approach sight distance is greater than or equal to the required approach sight distance, and should be so indicated on the data collection form. If the rail- highway intersection and warning device(s) at the intersection can not be seen from or beyond the distance d at a driver eye height of 3.5 feet, then the distance at which they can be seen is determined and recorded. In this case, the available approach sight distance is less than the required sight distance, and should be so indicated on the data collection form_ The critical point on the highway at a distance d from the stop bar or 15 feet from the nearest rail is determined in Estimation of Approach Sight Distance. The critical point along the tracks at a distance d from the highway centerline is determined. This distance is a function of highway approach speed and maximum train operating speed, and is determined from Table B- 2. 10/96 71 JUL 02 2002 11:56 AM FR CONSTRUCTION 208 334 4440 TO 912083593022 P.05 Appendix B - Sight Distance Study Procedure Table B -2. Determination of Quadrant Sight Distance, dr Vehicle speed (mph) Train Speed 15 25 35 45 55 65 75 (mph) 10 145 100 100 110 120 130 140 20 230 200 205 220 235 260 280 30 350 300 305 325 355 390 420 40 465 400 405 435 475 520 560 50 580 505 510 545 590 650 700 60 700 605 610 655 710 775 840 70 810 705 710 765 825 905 980 80 930 805 815 870 945 1,035 1115 90 1045 905 915 980 1,065 1,165 1255 Note; All calculated distances rounded up to the next 5 -foot increment. Source: Reference (fl If the critical point along the tracks from the highway centerline (dr), can be seen from the critical point along the highway d then the available quadrant sight distance is equal to or greater than the required quadrant sight distance, and should be so recorded on the data collection form. If the critical point along the tracks from the highway centerline (dr), cannot be seen from the critical point along the highway (dH), then the distance along the highway at which dr is just visible should be determined and recorded. In this case the available quadrant sight distance is less than the required quadrant sight distance, and should be so indicated on the data collection form. Estimation of Track Sight Distance The sight distance down the track from a stopped vehicle at the crossing, the track sight distance, is measured for each direction down the track on both highway approaches. The distance (dr) to the critical point on the track is determined from Table B -3. Note that the vehicle speed is zero miles per hour for all cases, since the vehicle is stopped at the crossing. 72 10/96 JUL 02 2002 11:56 AM FR CONSTRUCTION 208 334 4440 TO 912083593022 Appendix B - Sight Distance Study Procedure Table B - 3. Determination of Track sight Distance, dr Train Speed (mPh) Distance Along Railroad From Crossing, dT (feet) 10 20 30 40 50 60 70 80 90 240 480 720 960 1,200 1,440 1,680 1,920 2,160 Note: All calculated distances rounded up to the next 5 -foot increment. Source: Reference (1) If an individual standing at the stop bar, or 15 feet from the crossing if a stop bar is not marked, can be seen from the critical point on the tracks (dT), then the available track sight distance equals or exceeds the required track sight distance, and should be so recorded on the data collection form_ If however, the individual cannot be seen from the critical point, then the available track sight distance is determined by locating the point along the tracks from which an individual at the stop bar can be seen. This available track sight distance is then recorded. 10/96 73 P.06 ** TOTAL PAGE.06 ** N: 90 °00'00" E 105.00' RIGHT -OF -WAY ACCESS 67.30' s 90•00'013" w S 90 W 125.00' Sg0°00'00"w 330.00' 2nd SOUTH STREET t i& 18.40 120IT _rte t PROPERTY DESCRIPTION BEGINNING AT A POINT S 0 °00'00' E 90.00 FEET FROM THE IVRTHEAST CORNER OF LOT 2, 'BLOCK 6, OF THE SOUTH END ADDITON TO THE CITY OF REXBURG, AND RUNNING THENCE S 0 E 120.00 FEET; THENCE S 90 °00`00' W 100.00 FEET; THENCE N 0 °00'00" W 120.00 FEET; THENCE N 90 °00'00" E 100.00 FEET TO THE POINT OF BEGINNING. CONTAINING 12000 S.F. OR 0.275 ACRE. HOUSE PAVING PARKING AREA - 60L!!I a ! . 50.55% LANDSCAPING & SNOW STORAGE - 3846 S.F 32.05% TOTAL., . - 12000 S.F. 100.00% APPLICANT: COX SHIELDS, NELSON 200 S. 1430111. HURRICANE, UTAH 84737 435 -635 -9457 FIRST AMERICAN TITLE COMPANY �ecd? Irtc� RX29862 For Value Received Gil Jon Shirley, a single man on the date of acquiring title Hereinafter caIlec Latin E. Cox and Dowanna K. Cox, husband and wife, and Merrill Nelson and Karen G. Nelson, husband and wife, and Alan G. Shields and Becky Shields, husband and wife whose address is: , Hereinafter called the Grantee, the following described premises situated in Madison County, Idaho, to-wit: Parecl 1 Commencing at a point that is South 210 feet from the NE comer of Lot 2, Block 6 of the South End Addition to the City of Rexburg, as shown on the recorded plat thereof, Madison County, Idaho, and running thence South 120 feet; thence West 95 feet; thence North 70 feet; thence West 5 feet; thence North 50 feet; thence East 100 feet to the point of beginning. Parcel 2 Right of Way easement for egress and ingress commencing 100 feet West and 90 feet South of the NE comer of said Lot 2, Block 6 of the South End Addition to the City of Rexburg, as shown on the recorded plat thereof, Madison County, Idaho, to the Point of Beginning; and running thence West 20 feet; thence South 150 feet; thence West 210 feet; thence South 30 feet; thence East 105 feet; thence North 10 feet; thence East 125 feet; thence North 170 feet to the Point of Beginning. CONTINUED... SUBJECT TO all easements, right of ways, covenants, restrictions, reservations, applicable building and zoning ordinances and use regulations and restrictions of record, and payment of accruing present year taxes and assessments as agreed to by parties above. TO HAVE AND TO HOLD the saki premises, with their appurtenances unto the said Grantee and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U. S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all daims whatsoever. Dated: May 30, 2002 STATE OF IDAHO blic of Idaho Residing at Madison County, Idaho Commission Expires: 02/16/07 (THIS IS BEING RE— RECORDED TO CORRECT LEGAL DESCRIPTION) WARRANTY DEED The Granfr, hereby granfs, bargains, sells and conveys unto LORNA - LEIGH STATE OF IDAHO NOTARY -- • -- PUBLIC Instrum nt # 296 •1 REXBURG, M •ISON, IDAHO 2002 -06 -06 02:52:00 o. of Pages: 1 Recorded for : Fl • ST A E ERICAN ITL MARILYN R. RAS SEN \_ Ex- Officio Recorder •e )ss. COUNTY OF MADISON On this °-' day y, 2002, before me Lorna - Leigh, personally appeared Gil Jon Shirley, known or identified to me (or proved to me on the oath of), to be the person(s) whose name(s) is subscribed to the within instrument, and - - - ged to me that he executed the same. Fee: 3.00 CONTINUED... PARCEL 3 A RIGHT OF WAY EASEMENT FOR EGRESS AND INGRESS OVER THE FOLLOWING DESCRIBED PROPERTY: COMMENCING AT A POINT 210 FEET SOUTH OF THE NORTHEAST CORNER OF LOT 2, BLOCK 6, OF THE SOUTH END ADDITION TO THE CITY OF REXBURG, MADISON COUNTY, IDAHO AND RUNNING THENCE SOUTH 120 FEET; THENCE WEST 330 FEET; THENCE NORTH 195 FEET TO THE WEST LINE OF THE UNION PACIFIC RAILROAD RIGHT —OF —WAY; THENCE NORTHEASTERLY ALONG SAID RAILROAD RIGHT —OF —WAY A DISTANCE of 158 FEET; THENCE EAST 143.7 FEET;THENCE SOUTH 90 FEET; THENCE EAST 20 FEET; THENCE SOUTH 120 FEET; THENCE EAST 80 FEET TO THE POINT OF BEGINNING. STATE OF IDAHO COUNTY OF MADISON On this !; 111j day ; of July, in the year of 2002, before me, the undersigned, personally appeared GIL JON SHIRLEY, known 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. Notar Public Residing at: Commission Expires: /—? / 6 )ss. T1 cJoc / t1 � Cox / PS cou /c- u5e. t4Q, tut �u /f cc 5S ;40 1" 1Ae k � ttl s Iota 4-4 .-1 l s ' (This is being re— recorded to correct legal description.) Instrument # 296751 REXBURG, MADISON, IDAHO 0 No. of Pages: 2 2002 -07 -02 Recorded for : FIRST AMERICAN TI LE ee: 6.00 MARILYN R. RASMUSSEN Ex- Officio Recorder Dep MRY— i0 2']02 15 3s� FIRST AMERICAN TTTL.E COMPANY RX29720 For value Received Gil Jon Shirley, a single man on the date of acquiring title Hereinafter ailed the Grantor, hereby grants, bargahs, sells and conveys unto Latin E Cox and Dowanna Kay Cox, husband and wife, and Merrill F. Nelson and Karen 0. Nelson husband and wife and Alan G. Shields and Becky Shields, husband and wife whose address is: Hereinafter called the Grantee, the following deserted premises situated in Madison County, Idaho, to-wit Petrel 1: Cetrenencing 90 fret South of the NE Caner of Lot 2, Block 6 of the South Erd Addition to the City of Rexburg, as shown on the reed plat thereof, Madison County, Idaho, and running thence South 120 fleet; thence West 100 feet; thence Noah 120 feet; thence East 100 feet to the Place of Begn ning Parcel 2: Right of way easecnett for egress and ingress commencing 100 feet West and 90 feet South of the NE come of said Lot 2, Block 6 of the South End Addition to the City of Rexburg, as shown on the recorded plat thereof, Madison County, Idaho, to the Point of Beginning; and mmning thence West 20 feed time South 150 feet; tonne West 210 feet; thence South 30 feet thence East 105 feet; thence North 10 feet; thence Fast 125 feet; thence North 170 feet to the Point of Berg. SUBJECT TO all easements, right of ways, covenants, restrictions, reservations, applicable building and zoning ordinances and use regulations and restrictions of record, and payment of accruing present year taxes and assessments as agreed to by parties above. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee and to the Grantee's he and assigns forever. And the said Grantor does hereby covenant 10 and with the saki Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U. 5, Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that GranborwiI warrant and defend the same from al daims whoever, Dated: May 30, 2002 GI Jon Shirley STATE OF IDAHO COUNTY OF MADISON Notary Public of Idaho Residing at Madison County, Idaho Cor rrr ission Expires: 02/1&07 F IRS I WEIR ICRN- RXBRG. 208 356 3669 F.18 WARRANTY DEED On this day of May, 2002, before me Loma-Leigh, personally appeared GI Jon Shirley, 'mown or identified to me to be the person whose name is subscribed to the wilhh instrument, and acknowledged to me that he executed the same. -t7c Title: Scale: 1 inch = 26 feet Date: 08 -14 -2002 File: Tract 1: 0.199 Acres: 8650 Sq Feet: Closure = n00.0000e 0.00 Feet: Precision >1/999999: Perimeter = 820 Feet 001 =n90w 20 002=s0e 150 003 =s9Ow 210 004 =s0w 30 005=n90e 105 006 =nOw 10 007=n90e 125 008=n0e 170