HomeMy WebLinkAboutALL DOCS - 12-00016 - 555 S 3rd W - Lofts Apts - CUP for lowered number of parking spaces in PED.a
Condifionql Use Permif--rr & ,'atv of Rexburg
CI?Y OF
REXBURG
Ameriol Family C*muity
Fee(s) Paid: Yes/No CUP: 9250.00
Pubfication: $200.00
$450.00
ApplicantgA6\E lRocr( Eur,r,.reER.G +
Name: Lnru SsnvB.yrr.r<. Address: 3to NloR-rq Z*A, EnrT . S'r-r l.Sa
City:Re*g.rL"State: lIb Zip:83{ao Phone:359- 1 66 5 <t{i ri t" u{{
Owner (Complete if owner not applicant)
K,ul fC{. .uuL'5Ll }' ar,'c' 5
Kv r;la *l'41) ert-er,ic1v-, ( ctv't
Lr,
Properqr to be Covered by Permit:
Address: 555 S. Sa.s \rJ- RDtBucc.-Is arAQD Zone: Htc,rr b$rsr:'l Res,\.r..r,^.
Legal Description of the prcperty poq Bloci<, Addition, Division Number)
Commencing at the SW Comer of Section 30, T6N., R40 E.B.M., Madison County, Idaho, thence S89"58'26.E
1318.10 feet; thenceN00'00'56"W 1319.18 feet to the NW Corner of the SE % of SW % of Section 30; thence
S89o58'50"E 138.00 feet to the NE Corner of Siepert-Puppos property; thence 300o00'56"8 2.65 feet to the
TRUE POINT OF BEGINNING; and running thence East 517.70 feet to the NW Comer of the Grandview
Townhouse Subdivision; thence South 420.70 feet; thence West 517.59 feet to the Siepert-Puppos East property
line; thence N00o00'56"W 420.70 feet along said property line to the true point of beginning.
SUBJECT To: 60 foot wide road easement along the west side of the property.
Nature of Request (Briefly explain the proposed use)
THL L$Frs ft,DnBSh,E$rTS- Lou€Ge sTu\QIJT blovsl^16. -TF,\\s \.lrLL lL\aLusg
hPrcrr E-^Ltr, HLtCr.lG GnILo6E. Nerp Ror.s, r\,\\ u\.".-rg.
Existing use of properr;n
/t ' e
i' I'i
CIIYOFRMURE
STill this have an impact on schools:
I
-
Requirements for Granting Conditional Use petmit
The following information will assist the commission and city council to determine if your proposal,,vill meer therequirements under the zoning ordinance.
1' lrhat is the estimated watet usage per mo1!r; Are the-existing mains adequate to provide fue protection?
F.o* Tc"r snor* B" ffi
2.$(/hatistheestimatedsewerusagepetmonth?$7illpreteatrnentbenecessary?
3' \iMhat is the estimated daily taffic to be generated? wil the traffic be pdmadly pdvate vehicles or commercialtrucks? Pr?.,rr^tr - S-uJt^r- P^'"-.:,; asr ,,-- /r- -
4' If commetcial' industrial, or. a home occupation, what will be the hours of operation? NACouuF 4 c tlsvsrxrr.
5' $rill storm v/ater drainage be retained on site? rs an existing storm drain available? Is it at capacity? If so, willnew facilities be constructed? \es . Sr 6En \d rrrh Lr.- . R- D --
6' If proposed use is residential, describe number 1ld ryp" of dwelling units. \will this be student housing: mrilti-ti*J-t:"*t"un8.famili;s,singlesandcouples,orelderlyi Sr,.rr"r.i "sr"serrrl Hs.rsr*l& - \rJruu 1$6,1-1156U rtr N
7' What provision has !11 made fot fire ptotection? $?here is the neatest fite hydrant? Is any point of thebt#lding.f:rther than 150 feet from access-sufficient in width for fire fighting eqoipm.ot?trpr l{uNEn^r*- rrer rr\ :\-oF THE
8' How much parking is being provided on-site? Do the aisle widths and access points comply with the ordinance
leguirementtl, t1': Foscg>ing been provided in accordance with the ordin".r."i
-iir-
-' *,,..u\nP'.{ - q LE{Eu YRB.grr.tr, Gn\rrce \s r}q Ngstr.rr-
9' $rhete will solid waste genetated [e stoted? rs access adequare for the Cigr collection? ol.r sr\ E -
10' srhat is the type of noise that will be generated by the use? \vhat are the hows of noise generarion?Nls' STvNea\t \\u,rsr,.ra.
15' Ate passenger loading zones for such uses as daycarc cenrers and schools provided? How is busing routed? Forcommercial uses, where ate the loading docks? Is there sufficient space for truck parking?NQ- Srrrsenrl Rs.lsr{u]
11'Whattypeofequipmentwillbeusedintheconductofthebusiness? N\ ^ Sr.rse*.r Ro,rsrnr{,
l2'\'Yhat arc the surrounding land uses? Has buffedng been provided as required by the ord.inance?
osL.rt-| GnTE - SsurHen=g r
13'^Ate ^ly nt quality petmits tequired? rs dirt or other dust creating matedals moved by open trucks ot box cats?Nb- \Ar.r T\^ L <,..1o b..... ^^.r \r r-
14. will the pa*ingiots or other outdoor areas have lighting? \s<. trs \esr'r
76' If a commetcial' mutti-family, or public assembly use, where is the nearest collector sfteet? Artedal street?SEr S.--* :. as^^ .-- , e
t t.*:,.,,tt ^T.':T"*j is anticipated .f:a:.i:n with the proposed usage? N\ q - hssr e !\
TheP&Z commission or city lguncil may addtess other points than those d.iscussed above, but a narativeaddtessing at leasr thosg _aqn_rcable points will assist in proiessing your appJication.A PLor (SITE) PLAN MUST BE ATTACHED rN onopn io pno-iess THIS AppLrcATIoN, rncludedon the plot plan please show setbacks, buildings, parking, etc.
o Please submit 18 copies 9!$e completed application and any other documents you are submitting vdth it(site plan, vicinity map, affidavit of iegal interest, etc,)
r All applications that arc complete will be processed with due d.iligence and will be scheduled, dependentupon availability, for an upcoming agenda.
r Formal notice will be s:nt-t9 the applicant after approval of a conditional use permit. Notice will state theconditions of the petmit. If conditions are violariJ o, ,rot met rhere will be " 90 d;;;;;;;;J "
ptoblem' Failwe to comply with the terms may tesult in revocation of the Conditional Use petmit.
t- 7- zarz-
Date
Affidqvlt of Legol lnferesf
Clty of Rexburg
Phone:208.359.3020
Fox:208.359.3022www,reybwg,org
State of Idaho
Countyof Madison
PeHnls$on tol
Mervmonu- fo-lg
Citr/
Anaidttutdy a,ur$Ml
ctly 0f RExB-URc"
Seing first duly swom upon oatlq depose and szy:
(IfApplicant is aleo Owner of Record, skip to B)
Thatl 1m S" tggrd ov*er 9f $e proper.ry flescribed qn the and I mv
S?e-.rlae 7 uL(u, t*ry^,_v_: .
Ad&ess K<vber !tzd gzrtrto
to submit the accompanying apptication pertaimng ro rhat property.
B. I_agee to indemni&, defend and hold Rexbug Crty and its employees haimless koma51yclaim or liability resulting ftom any dispute as io tle statements contained herein or as ro theo'rnership of thc ptoperrywhich is the subfect of the application.
Dated this day ot Ta-nut+ry ... "20-lA -J
subscribed arrd sworn to before me the @ ndyear first above written.
Residingar ilazt&+tn ( .'"14
My commission expires:oe-eL-t*
o
Unfinished/Old Business: None
New Business: None
Comoliance: None
ti,
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Non controversial Items Added to the Agenda:
l. The Lofts Apartments site plan change - South 3d West
Kurt Roland, Eagle Ro_ck Engineering, 1083 South Railroad Ave, representing Innovative StudentHousing and Westland Investors, for the Lofts Apartments.
A Conditional Use?ermit (CUP) was granted foithe Lofts Apartments n eafly 2012.The cUP was to allow a loweted tto-b.t of parking spaces through use of the pedestdan Emphasiszone QEZ) ordinance No. 1021, and there *"." .!..irul conditions.
A new site plan on hardboard was shown. Mr. Roland said the developers are in the process ofbuying the Gtandview Twinhomes just to the east of the original subjict property and. ateadding itas part of the plans.
Orig{afly there was an access onto 3'd West. Now there would be two accesses on 3d West and oneon2nd West.
The parkin g g t^ge will be moved to the south instead of on the east as was in the original site plan.The garage will be 5 stories - the same as odginally planned.
There will be 76 percentparking, which is an increaie from the original 61 percent.
Val Christensen thought it was important that the developer come to the Commission to showthese modifications.
There will be an increase in beds, acte ge, and parking; there will be increased access.
Would another CUP be necessary?
Mr. Roland said there had been 4.42 acres;now there will be 5.5 acres.Formedy there were 810 beds; with this new site plan, there would be 99g beds.Accesses have been improved.
The proiect is not undet construction yet. The existing former Teton Flouse buildings will be tornqown.
The density ratio will remain about the same.
The Commissioners were concemed with "eyes to the sfteet" and what will be visible regarding theparking gatage. The garage was not previousiy visible to the street.
Doug Sherman, of Innovative Student Housing. He said very little of the parking garlgewill bevisible ftom the sfteet' There is a drop in grade ut the location. The garage urill be wrapped with asmuch tesidential as possible.
Chairman Dyer asked_.ab_out the gatagewall that is visible facing the street - what will it look like?Is there anything for retef to break up the wall?
Doug Sherman said the parking g rig.will have a ridge. There would be a colored tint to thefacade and a typte of reaming. tt will not be puely flat.
l3
Stephen Zolhnget said the project will have to get through a design review ^s pafiof the process.
The Chait said the Commission is giving the developer the courteiy of knowing what the ioncern is
now. There is serious concem about the street view.
scott Ferguson thought the commission needs to be a little flexible.
Jedd Walket said the density is similar to the original proposal, and the overall development is
bettet' He does not see anothet CUP as being necessarry. The design review process would address
concerns. He assumes all the conditions set with the original CUP would still apply.
Mury Ann Mounts agreed.
Chairman Dyet read the conditions of the CUP that was granted at the February 75,2012 City
Council meeting:
#12 00016 CIIP Lofts Apattments
1 . A site plan reflecting all conditions of approual and incorporating a// Citlt standards, eg. landscaping
parking snow storage, drainage, etc. to include showing tbat the subjectprope@ isfenced on aA itai
except the west, sball be submitud and appmued fui tbe Ciry pnor to the issuance of a buildingperzit.
2. I-tgltting sh7ll be cutof ligbting and shall be hw (under / 5-feet in hezght) nud noi create glar{ antl as a
minimum sball adbere to the Citl's lzghting ordinance.
3. To encoilrage alternatiue trauel options, i.e. bigtcling bike racks and hard suface must be prorided.
L,ocation of racks needs to be shown on retised site plan. This requirenent ii identfied in the pEZ
Ordinance.
4. Sidewalk and pathwE maintenance lo be performed as per the PEZ Ordinance.
5. ParkingConhart: tu be approued fu the Ci4t Attorne-y.
6. Requirements of the PEZ Zone Ordinance to be @plied to this pmject. Including but not linitecl to
wider sidewalks - wtdnr sidewalks of / 0 feet in widtb will be extenfud to l%est 5'i South.
Bruce Suthedand said the parties that had issue with the CUP request were those whose p-anertv
is now being purchased by the developer.
The Chair stated the Commission was concerned about potential new impacts.
Stephen Zollinger said the factots that need to be considered are density and access to tb
Everything that has changed with the exception of how they present their parking g rage,
could be covered during design review, would be a non-substantial ch"ng.. Neigifors ha,
given the opportunitF to voice concerns at the time of the original t.qo.rt. Coniider thos
This issue does not constitute a substantial change that wouldw^ttantan addition alhean
CommissiorT can ^ctupon this issue tonight.
Mary Ann Mounts motioned that the site plan changes presented tonight for the Lofts Apartrrrerno
(555 South 3'd STest) ate ^ccepted - the changes ,r" ,ron-*bstantial .h"ig". and areseen as an
improvement. The Lofts Apattments applicants will be held to the conditions as stated undet the
terms of the initial Conditional Use Permit #12 00016 (approved by City Council on February 15,
2012). Scott Ferguson seconded the motion.
None opposed. Motion caffied.
I4
I1EXBUR.G_ -- a+.
t\ i t I c t- i a a\ i: t1 ti 1 i I\' (: 0 t ti t,1 u I i i 1 r'
COI\I}ITTONAL USE PERMIT
City of Rexburg
Department of Community Development
35 N. lst E. / Rexburg, ID. 83440
Phone (208) 359-3020 / Fax (208) 359-3022
Project Informatton
Permit Type Conditional Use Permit
Site Address 555 SOUTH 3RD WEST
Project Description
Permit #
Project Name
Parcel #
12 00016
The Lofts Apartments - CUP- for
reduced parking through use ofPEZ
Ordinance No. l02l.
RPRB&TSOOOOOlO
Numes Associated with this Proiect
Type
Applicant
Contractor
Owner
Name
Eagle Rock Engineering
Headwaters Construction
Assisted Living Concepts,Inc
Contact Phone # License #
(208) s42-866s
(208) 787-8040
(262) 2s7-899e
Exp Date
Fee Information
Project Valuation
Conditional Use Permit
Public Hearing Notice Fee
Total Fees Paid
250.00
200.00
$450.00
*'C* SEE ATTACHED CONDITIONS ***
Print Name
Signaturr
, l')
llt t'j/
Z Date Issued:
5,-,, Issued BY:
vr(-l
02/23/2012
ELAINEM...(Ls:
( il tlRr
CONDITIONAL USE PERMIT
City of Rexburg
Department of Community Development
35 N. lst E. / Rexburg, ID. 83440
Phone (208) 359-3020 i Fax (208) 359-3022 -
Project Informaiion
Permit Type Conditional Use Permit
Site Address 555 SOUTH 3RD WEST
Project Description
Permit #
Project Name
Parcel #
12 00016
The Lofts Apartments - CUP- for
reduced parking through use ofPEZ
Ordinance No. l02l .
RPRB&TSOOOOOIO
Conditions
l. A site plan reflecting all conditions of approval and incorporating all City standards, e.g. landscaping, parking, snow
storage, drainage, etc. to include showing that the subject property is fenced on all sides except the west, shall be
submitted and approved by the City prior to the issuance of a building permit.
2. Lighting shall be cut-off lighting and shall be low (under l5-feet in height) and not create glare, and as a minimum
shall adhere to the City's lighting ordinance.
3. To encourage altemative havel options, i.e. bicycling, bike racks and hard surface must be provided. Location of
racks needs to be shown on revised site plan. This requirement is identified in the PEZ Ordinance-
4. Sidewalk and pathway maintenance to be performed as per thePEZ Ordinance.
5. Parking Contracts to be approved by the City Attorney.
6. Requirements of the PEZ ZoneOrdinance to be applied to this project. Including but not limited to wider sidewalks
- wider sidewalks of l0feet in width will be extended to West 5th South.
Print Nu^"f?t ,^,"++?-Datelssued: 02/23/2012
Issued By: ELAINEMSignaturr.o"241
ci!\L/otl--I{S,XBtrTtc
Ant rir rt\ j:nn i Il' Cottttt utt t1.y
February 23,2012
Eagle Rock Engineering
Kurt Roland
310 North 2"d East, Suite 153
Rexburg, lD 83440
P.e: #12 00016 Conditional Use Permit * 555 South 3'd rJTest (Ihe Lofts Apartments)
Dear Mr. Roland:
Enclosed is the Conditional Use Perrnit document for the property located at 555 South 3'd West
(fhe Lofts Apartments). It is to allow a lowered number of parking spaces through use of the
Pedestrian Emphasis Zone QEZ), Ordinance No. 1021, per the Conditional Use Permit approval at
the February 15,2012 Rexburg City Council meeting. Please keep this document for your recotds.
Please call if you have any questions or if we can assist you further.
Thank you.
Sincereiy,
^.1,1 Y'9 t ' 1 t4 ; I/r.
L L]tf tet- i | \4 y,& l. ; e ur-_.,
Elaine McFernn
Planning & Zorung Coordinator
City of Rexburg
Planning z! Zoning
Ciy oJRtxbilU )5 North 1" East. fuxbury, ID 8)410
Phone: 208. J 5 9. )020 Fax: 208 " ) 5 9..1022
35 Norih l.t Eosf
Rexburg, ID 83440 www.rexDurg.org
Findings of Focl
City of Rexburg
Phone: 208.359.3020
Fox: 208.359.3022
The Lofts Apartments
Conditional Use Permit
555 South 3'd \7est
1. OnJanuary 9,201.2, Logan Bingham of Headwaters Construction, presented to the City of
Rexburg Planning &Zonng Cootdinator a request and application for a Conditional Use
Permit to take advantage of a lowered number of parking spaces through the use of the
Pedestrian Emphasis Zone QEZ) Ordinance No. 1021. The currentZonrngis High Density
Residential One (HDR1). The property is located nPEZ Area2.
2. OnJanuary 10,2012, the City Clerk sent the Notice of Public Hearing to be published in the
Iocal newspaper onJanuary 74 andJanuary 28,201,1,. A notice was posted on the property
and sent to all property owners within 300 feet of the above mentioned property.
3. On February 2,2012I(urt Roland of Eagle Rock Engineedng presented to the Planning &
Zonng Commission for the City of Rexburg, the request for a Conditional Use Permit to
take advantage of a loweted number of parking space through the use of the Pedestrian
Emphasis Zone QBZ) Ordinance No. 1021.
Jedd Walker motioned to recommend approval to City Council to grant a Conditional Use
Permit fot the Lofts Apartments located at 555 South 3'd !7est to allow a lowered number of
parking spaces through use of the Pedestdan Emphasrs Zone eEZ) Ordinance No. 1021, to
include the 6 proposed conditions of apptoval stated by staff in the Community Development
Department staff report, with clarification to include that regarding condition #1: the properry
will be fenced on all sides except on the west; conditton#2: lighting shall be cut-off lighting, and
#6: there shall be 10 foot wide sidewalks extended to West 5'h South. Corv Sorensen seconded
the motion.
None opposed. Motion carried.
l.
Ptoposed Conditions of Approval
#1200016 CUP Lofts Apartments
A site plan reflecting all conditions of approval and incorporating ali City standards, e.g.
landscaping, parking, snow storage, drainage, etc. to include showing that the subject
property is fenced on all sides except the west, shall be submitted and approved by the
City prior to the issuance of a building permit.
Lrghtitg shall be cut-off lighting and shall be low (under 15-feet in height) and not cre te
glare, and as a minimum shall adhere to the City's lighting ordinance.
To encourage alternative travel options, i.e. bicycling, bike racks and hard surface must be
provided. Location of racks needs to be shown on revised site plan. This requirement is
identified in the PEZ Ordtnance.
CITY OF
RHXBURGfu', .-*---- --
An t: ri cs's Fa ntily ()t m wuni ty
2.
aJ.
4. Sidewalk and pathway maintenance to be performed as per thePEZ Otdinance.
5. Parking Contracts to be approved by the City Attorney.
6. Requirements of tbePEZ Zone Ordinance to be applied to this project. Including but
not limited to wider sidewalks - wider sidewalks of 10 feet in width will be extended to
West 5'h South.
4. On Februaq o L5r20l2 aConditional Use Permit "The Lofts Apartments" at 555 South 3'd !7est
requesting lowered number of patking spaces through PEZ Otdinance 1.021* Eagle Rock
Engineering (I(urt Roland)
Kurt Roland from Eugl" Rock Engineering explained the proposaLPBz Two parking
requires:
Ordinance /021: The parkingratio within the area identfied as'Area 2" on tlte exhibit rnap
shall be a minimum of 0.5 qaces per student. Other parking (uehicle and bigtcle) is required for
guests and management as Secifed below in Sections 9, 10, and | /.
They are proposing a lower level parkinggn^ge.ThePBZ Two tequires 5070 for
students and 10o/o for visitors. There will be 482 parl<tng stalls at a .67'/o parking tatio.
Council Member Sutherland said there was no opposition in the public hearing at
Planning andZontng. It had a unanimous approval ftom Planning and Zontng.
Community Development Director Val Christensen reviewed the development and the
underground parking stfucture. This tequest is for a CUP for reduce patking n thePE,Z
Two District. It will replace the Teton House (Assisted Living Faciliry). The parkingare^
will not be visible from the street. The parking structure can have 9' by 18' size parking
stalls. Studies show 8070 of vehicles for students arc of the compact size.
Council Membet Suthedand moved to approve the Conditional Use Permit fot the
"The Lofts Apartments" at 555 South 3'o West requesting lowered number of parking
spaces through PEZ Ordinance 1.021.; Council Member Merrill seconded the mouon;
Discussion: Council President Mann asked for a standatd for parking structures similar to
the look of this development. Council Member Suthedand agreed with the design
standards proposal. Council Member Smith reviewed the 26 foot snow removal area.
Mavor Woodland asked for a vote:
Those voting aye
Council President Mann
Council Member Busby
Council Member Benfield
Councii Member Merrill
Council Member Smith
Council Member Suthedand
The motion catried.
Those votins nav
None
NOTICE IS HEREBY GIVEN, tbat a Public Hearing wili be held before the Planning & Zontng
Commission of the City of Rexburg, Idaho, Thutsday, Febtuary 02,201.2, zt7:20 p.m., at City Hall
located at 35 Noth 1.t East, Rexburg,Idaho, regarding a Conditional Use Permit #72000076 to
take advantzge of a lowered number of patking spaces thtough the use of the Pedestrian Emphasis
Zone QEZ) Ordinance No. 1021. The cunentZonngis High Density Residential One (HDR1).
The property is located wPEZ Area Two (2).
The said parcel is located at 555 South 3'd West in Rexburg, Madison County, Idaho, and more
particularly described as follows:
The Loft Apaftments
Lesal Descriotion:
Commencing at the SW Corner of Section 30, T6N., R40 E.B.M., Madison County, Idaho,
thence S89"58'26"E 1318.10 feet thence N00o00'56"W 1319.18 feet to the NW Cotnet of the
SF,\/c of SW 1/l of Section 30; thence S89o58'50"E 138.00 feet to the NE Corner of Siepert-
Puppos property; thence 500o00'56"8 2.65 to the TRUE POINT OF BEGINNING; and
running thence F;ast 517.70 feet to the N!7 Cotner of the Grandview Townhouse Subdivision;
thence South 420.70 feet; thence \X/est 517.59 feet to the Siepert-Puppos East property line;
thence N00"00'56"W 420.70 feet along said ptoperg lio" to the true point of beginning.
SUBJECT TO: 60 foot wide road easement along the west side of the property.
At such hearing the Planning & Zonng Commission will hear aIL peisons 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 February 01,2012.
This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and all
amendments thereof.
DATED this 10tr' day of January,201.2.
CITY OF REXBURG
Published: January 1,4 andJznuary 28,2012.
i,Fa;i;;**1 Blair D. I(ay, City Clerk
.bt/
r,^l '
I Zo ool b
STANDARD JOURNAL
Rexburg,Idaho
St. Anthony, Idaho
Ashton,Idaho
AFFIDAVIT OF PUBLICATION
STATE OF IDAHO
Madison and Fremont Counties
I, Jeremy Cooley, being first duly sworn, depose and say,
that I am the circulation director of the STANDARD
JOURNAL, a 3 times a week newspaper published 3 times
a week in Madison and Fremont Counties, Idaho; and I do
solemnly swear that the Notice of Public Hearing, a copy of
which notice appears attached hereto, was published in the
regular and entire issue of said newspaper, and not in any
supplement issue, once each week thereof for 2 successive
issues, the first publication having been made on January
14, Z0l2 and the last publication having been made on
January 28,2012.
Further, that said newspaper is one of general circulation in
said county; that it is a legal newspaper, conforming to
legal specifications under the Idaho Statutes; that it has at
least two hundred bona fide subscribers living within the
county of publication; and that it has been continuously and
uninterruptedly published in said county during a period of
seventy-eight consecutive weeks prior to the first
STATE OF IDAHO
COUNTY OF MADISON
On this 30th day of January in the year of 2OI2before me,
a Notary Public, personally appeared Jeremy Cooley,
known or identified to me to be the person whose name
subscribed to the within instrument, and being by me first
duly sworn, declared that the statement therein are true. and
acknowledged to me that he executed the same.
)
)
)
NOTICE OF PUBLIC HEARING
l.lO.T.ICE lS HEREBY ctVEN, that a public Hearing will be held before tre plan
ning & Zoning Commission of the Citv ofRexburg, ldaho, Thursdav, Februarv'O2.2O12, at7:20 p.m., at CitrT Hall locatbO at35 North lst Easl, Rexbdrg, ldaho. regarding a Conditional Use-permit #120O0016 to take advantiage of a lowerednumber of parking spac6s throuoh theuse of the Pedestliah EmphasisZone
[PEZ) Ordinance No. 1021. The currentIPEZ) Ordinance No. i02i. The current'dB'fi q)'.'#33ff !ilY,Ji":'l'"#fl 8PArea Two (2).
The sairl parcel is located at 555 South3rd Westin Rexburg Madison Countu.ldaho, and more particularly describeif asfollows:
The Loft Apartmentsl+oal Descrlotion:Cornmencing--the SW Comer of Sec-tion 30, TON., R40 E.B.M., MadisonCounty, ldaho, thence S89.58,26,E1318.10 feet: thence N00.00,S6"W1319.18 feet to the NW Corner of the
9F_4 Sj S!{ % of Section 30; thehceS89'58'50"E 138.00 feet to the NE Cor-
the Grandview Townhouse Subdivisionithence South 420.70 teet: thence Wesi517.59 feet to the Siepert-puppos Eastpropeny line; thence N00b00,56'W420.70 teet.algns qaiq property line tothe true point of beoinninq.SUBJECT TO: 60'loot viide road ease-ment along the west side of the proper-ty.
At such hearing the Planninq& ZoninoCommission will hear all peEons andillobjections and recommehdations relative
SE9"58'50'E 138.00 feet to the NE Cor-ner of Siepen-Puppos propertv: thences00"00'56"E Z.6S to th'e TRUE potNT
9F BEGINNING; and runninq thenceEast 517.70 feet to the NW Corner of
to such propo€edfrermit. -The CltrrClerkwill also accept written commenb-at CitvHall prior to 4:00 p.m. on February 01, '
2012.
This notice is given puFuant to the provisions of Section 67-6509 and 67-6Si 1ldaho Code, and all amendments thereof.
DATEDthis 1Oth dayof Jdnuary,2012.
CIryOF REXBURG
(SEAL)
By--@
Published:January 14 and January 28,2012.
sJ 5216
ng at Rexburg, Idaho
My commission expires: February 2,2015.
Lvnzi Nevilb
Uotary Public
State of ldaho
I' Jan 31 2OI2 1 I : 48nt't Hp FRX p.1LTRJET
Allention Eliqne Jan, 31tt 2or2
To Whom lt May Concern:
I live on 215 Grandview Dr. in Rexburg, ldaho and lam a home
owner.
I do not want peopf e using our road as they walk to school.
It is a privately owned road and I do not want the liability.
I also do not want student walking on my back yard.
It would have been helpful to have been notified of this rneet-lFrP..,,,*F
two weeks ago; for as of now, f will be attending a meeting
in Boise.
Dolores Ma rlowe t,l#"1.i
r,-,i'- --,. h
'
l\Y
<-f-)) WlllA-/
* 12 ac,a't&
Ju-f*$
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CITYOFRMUFG
35 North l.t Eosf
Rexburg, lD 83440
Cerlificqle of Moiling
City of Rexburg
Phone: 208.359.3020
Fox: 208.359.3022www.rexburg.org
File #: I ta o o lU
A rlfl-a"v oQut***-,,20 l2- mailed to the following parties:'il----
(See attached Mailing List)
ny, Uo'r.q' /YtrqfLv@
File Name: A4 - -f-ru-Lr0t" \fe"+r^ar*"
I HEREBY CERTIFY that a true and accurate copy of the foregoing Notice was this
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SNOW SLIDE PROPERTIES LLC
42338 CLUB RIVER RD
PRESTON.ID83263
STATE OF IDAHO
4O4O W GUARD STREET
BOISE .ID 83707
EVANS JASON R
225 GRANDVIEWDR
REXBURG,ID 83440
HEBDONANDREA
4637 JUNIPERAVE
REXBURG.ID 83440
SHELBOURNE APARTMENTS LLC
5644W 39TH AVE
SEATTLE. WA 98199
WHEELERGERALD
49253W
REXBURG,ID 83440
MADISON COUNTY
I34 E MAIN ST
REXBURG,ID 83440
NORTH GATE APARTMENTS LLC
601 w 1700 s
LOGAN ,UT 84321
ASSISTED LIVING CONCEPTS INC
WI4ON898I LILLYRD
MENOMONEE FALLS . WI 5305I
SWENSON SCOTTD
363 G ST
LINCOLN. CA 95648
GARDNERSTEPHENM
2I9 GRANDVIEWDR
REXBURG.ID 83440
HOKANSON BRETT N
220 GRANDVIEW
REXBURG. ID 83440
HYMAS JESSICA
288 SEAGULL DR
REXBURG.ID 83440
WRIGHT SHERMAN D
I97I NWCANYONDR
REDMOND.OR97756
MARLOWE ROGER
2I5 GRANDVIEWDR
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BOISE,ID 83706
HORIZON REALTY ADVISORS C/O
28OO ELLIOTT AVE STE A
SEATTLE, WA 98I2I
LAST OF THE DOGMEN LAND GROUP
DEVELOPMENTLLLP
610 AUTUMN DR
REXBURG.ID 83440
LUNDIN WILLIAM KENT
395 N 3000 w
REXBURG,ID 83440
NAUVOO HOUSE ID LLC
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PROVO, UT 84604
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HORIZON :TYADVISORS C/O
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NORTH GATE APARTMENTS LLC
601 w 1700 s
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2I9 GRANDVIEW DR
REXBURG,ID 83440
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220 GRANDVIEW
REXBURG.ID 83440
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288 SEAGULL DR
REXBURG.ID 83440
BOUNTIFUL PLACE LLC
80t N 500 w sTE 300
BOUNTIFUL,I'T 84010
EVANS JASON.R
225 GRANDVIEWDR
REXBURG,ID 83440
HOPEMANAGEMENTC/O
II7.5 E PARKCENTERBLVD STE IOI
BOISE.ID 83706
HORIZON REALTY ADVTSORS C/O
28OO ELLIOTTAVE STE A
SEATTLE. WA 98I2I
LAST OF THE DOGMEN LAND GROUP
DEVELOPMENTLLLP
610 AUTUMN DR
REXBURG.ID 83440
LUNDIN WILLIAM KENT
395 N 3000 w
REXBURG.ID 83440
NAUVOO HOUSE ID LLC
25I RIVERPARKDRSTE3OO
PROVO. UT 84604
SHAWBLAINE
4546 E 280 N
RIGBY,ID83442
SNOW SLIDE PROPERTIES LLC
4233 E CLUB RIVER RD
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PHILLPS KARLEEN LENZ ClO
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SHELBOURNE APARTMENTS LLC
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492S3W
REXBURG,ID 83440
SWENSON SCOTTD
363 G ST
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WRIGHT SHERMAN D
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PIN OwnerName PrimaryContactHouseNumberRPROOOPOOOROAD
RPRB&TSOOOROAD
RPRGTVNOOOCMMN
RPRMABKOOlROAD
RPRB&TS0000010 45515ITD LIVING CONCEPTS INC Y 0RPR000K0050070BOUNTIFUL PLACE LLC Y 801RPROOOKOOOROADCITY OF REXBURG Y 35RPROOCCOOOROADCITY OF REXBURG Y 497RPRMABKOO1OOO2EVANS JASON R Y 225RPRMABKOOlO2SOEVANS JASON R Y 225RPRMABKOOLO2TOGARDNER STEPHEN M Y 2L9RPR000K0044397FTqPEMANAGEMENTC/O Y Lt75RPRGVTNOOOO24OHEBDON ANDREA Y 4637RPRGVTNOOOO2lOFIUKANsON BRETT N Y 220RPR000P0123850HORTZON REALTY ADVTSORS C/O Y 2800RPR000P0124060HORTZON REALTY ADVTSORS C/O Y 280CRPRGVTNOOOO22OHYMAS JESSICA Y 288
RPR00CC0010041
LAST OF THE DOGMEN LAND GROUP
DEVELOPMENT LLLP Y 610
RPR00CC0020010
LAsI OF THE DOGMEN LAND GROUP
)EVELOPMENT LLLP Y 610RPR000K0044571-UNIJIN WlLLIAM KENT Y 395RPR000P01t4s71UNDIN WILLIAM KENT Y 395RPRMABKOO1OOOlMADISON COUNTY Y t34RPRMABKOOtO26OMARLOWE ROGER Y 215RPRMABKOO2OOlONAUVUO HOUSE ID LLC Y 257RPR000K00529s0NUK IH GATE APARTMENTS LLC Y 601RPRMABKOOlO250PHILLIPS KARLEEN LENZ C/O Y 1550RPRGVTNOOOCMMl'FIAW BLAINE Y 454eRPRGVTNOOOROADSHAW BLAINE Y 4546RPRMABKOOlO2gO)HEL6OURNE APARTMENTS LLC Y 5644RPRB&TS0000022 sNOW sLIDE PROPERTIES LLC Y 4233RPRB&T50000025 5NUW sLIDE PROPERTIES LLC Y 4233RPR000K0080400STATE OF IDAHO Y 404ARPR000P0210001SWENSON SCOTT D Y 363RPR000K0044577WHEELER GERALD Y 492RPR000P01L4577WHEELER GERALD Y 492RPRGVTNOOOO23OWRIGHT SHERMAN D Y 197L
Predir lstreetName StreetSuffix lpostOirSecUnitUnitNumberCity State
W14O N8981 LILLY RD MENOMONEE FALLS WIN50cWSTE300BOUNTIFULUTN I1ST E REXBURG IDNCAPITAL STE 1OO AVE IDAHO FALLS IDGRANDVIEWDRREXBURGIDGRANDVIEWDRREXBURGIDGRANDVIEWDRREXBURGIDEPARKCENTERBLVDSTE707BOISEID,UNIPER AVE REXBURG IDGRANDVIEWREXBURGIDELLIOTTAVESTEASEATTLEWAELLIOTTqVESTEASEATTLEWASEAGULL)R REXBURG D
AUTUMN DR REXBURG ID
AUTUMN DR IEXBURG DN3000WTEXBURGDN3000WREXBURGDEMAINSTREXBURGIDGRANDVIEWDRREXBURGIDRIVER PARK DR STE 30cPROVO UTW770CSLOGANUTNWMARJOLNMCMINNVILLEORE280NRIGBYIDE28CNRIGBYIDW3gTHAVESEATTLEWAECLUB RIVER RD PRESTON IDECLUB RIVER RD PRESTON IDWGUARD STREET BOISE IDtrSTLINCOLNCASWREXBURGIDs3WREXBURGIDNWCANYONDRREDMONDOR
zip
s3051
8401C
83440
83405
8344C
83440
83440
83706
83440
83440
9872t
9812L
83440
83440
83440
8344C
83440
83440
8344C
84604
84321
97128
83442
83442
98199
83263
83263
8370i
95648
83440
83440
97756
NOTICE IS HEREBY GrVEN , that aPublic Heanng will be held before the plannin g & Zonngcommission of the city-of Rexbug, Idaho, Thursday, nEu*ury 02,2012, at7:20p.m., at city Halllocated at 35 North,l $ East, Rexbrig, Idaho, ,.gurdi.g a conditional use permit #72 000016 totake advantage of a lowered nrrmber-of parkinglpac"r thro.rgh the use of the pedestrian Emphasiszone QEZ) ordinance No' 1021. The curenlzo^ngis Hrgh Density Residential one (HDR1).The property is located inpBZArea Two (2).
i
The said parcel is located at 555 South 3'd west in Rexburg, Madison count/, Idaho, and moreparticulady descdbed as follows:
The Loft Apartments
Legal Description:
commencing at the S\w corner of Section 30, T6N., R40 E.B.M., Madison county, Idaho,thence S89"58'26"E 1318'10 feet: thence N00o00'56"\)7 1319.1g feet to the Nw corner of thesF l/c of sv/ l/q of section 30; thence s89o58'50"E 138.00 feet to the NE corner of Siepert-Pupoos property; thence s00o00'56"8 2.65 to the TRUE poINT OF BEGINNING; andrunning thence East 577.70 feet to the NW corner of the Grandview Townhouse Subdivision;thence south 420'70 feet; thence west 517.59 feet to the Sieperapuppos East property line;thence N00o00'56"w 420.70 feet along said properry lin. to the true point of begrnning.SUBJECT To: 60 foot wide road easement along the west side of trrJ prop..ty.
At such hearing the Plannin g & zonngcommission will hear all persons and all objections andrecommendations relative to such-proposed q.:-ra The city clerk wiil ul.o u.."pt writtencomments at CLty Hall prior to 4:00 p.m. o., February 01,20i2.
This notice is given pufsuant to the provisions of Section 67-6509 and.67-651,1 ldaho code, and allamendments thereof.
CITY OF RE,XBURG
Published: January 14 andJanuaty 28,2012.
DATED this 10th day of Jan:uary,2012.
Blair D. IGy, City Clerk
y-to"*.,*g city or Rexburg
Department of Gommunltyr
I
Development
o
Receipt
35 North 1st East / Rexburg, tD. 93440
Phone (208) 359-3020 | Fax(208)3s9-3022
RPRB&TSOO(
RPRB&TSOO(
Gonditional Use Permit
Public Hearing Notice Fee
20209 $ 450.00
JAN 1 | Z01Z
CITY OF REXBURG
Total:
genpmtrreceipts Page 1 of 1
Staff Rcvicw
Conditio nal IJse Permit
The Lofts Apurtrnents
Community Development Deporfment
i..i : 'i (i :
i-) t :1..' T-i-r, -i-t) 1 '-'
i\l-y.\_LlLi r,t{*_(.\.valc@rexburg-org
www.rexburg.org
STAFF REPORT
Phone: 208.359.3020
Fox: 208.359.3022
35 Norlh I't Fost
Rexburg, lD 83440
SUBJECT:
APPLICANT:
PROPERTY OWNER:
PURPOSE:
TOPERTY LOCATION:
PROPERTY ID:
COMPREHENSIVE PLAN:
ZONING DISTRICT:
APPLICABLE CRITERIA:
AUTHORITY
I.BACKGROUND
The subject property is located on the old Teton View Assisted Living lot. The applicant isrequesting a conditional use Permit (cuP) to lower the required parking.
Conditional Use Permit, file # 12 00016
The Lofts Apartments
555 South 3'd West
Eagle Rock Engineering & Land Surveying
310 North 2nd East
Rexburg,ID 83440
Assisted Living Concepts, Inc
W 140 N 8981 Lilly Road
Menomonee Falls, WI 53051
Requesting a conditional use Permit to take advantage of a lowered
number of parking spaces through the use of the pedestrian Emphasis zone
(PEZ), Ordinance No. I 02 I
555 South 3'd Wesr
Rexburg,ID 83440
RPRB&TSOOOOOlO
Moderate-High Density Residential
High Density Residential I (HDRI)
City of Rexburg Development Code (Ordinance Code 1026) -
$ 6.12 conditional use Permits and the Pedestrian Emphasis Zone (pEZ)
(Ordinance 1021)
$ 6.12 (F) (7) "All other conditional use permits may onry be granted after
review and recommendation by the Commission and approval by the City
Council... "
Case No. 12 00016 Page 1
U. SITE DESCRIPTION
The subject property is located on the lot where the old Teton View Assisted Living existed. Theexisting building will be removed.
III. ANALYSIS
s' Be designed and constracted in o manner to be harmonious with the existing character of theneighborhood and the zone in which the property is located.
The subject property is surrounded by apartments.
b' Be in accordance with a specific or general objective of the Ciry's Comprehensive plan and theregulations of this Ordinance.
Development Code
With regards to the City's Ordinances, the adopted Development Code (Ordinance 1026)regulates development and land uses. This project is in a HDRI zone. The use requested isconsistent with the zone. The project is located in the PEZ2 Zone. Parking -ay be reduced.from one per student (100%) to as little as 6ayowith one manager space
PEZ Ordinance
The application is for 127 units with approximately 810 students. This project lies in thepEZ 2zone and therefore with Commission approval can have parking p"r""nLg"s as little as l1yominimum parking requirement for visitor parking combined with a 50% minimum for studentparking and one for the manager. Therefore, the minimum parking required is 487 parkingspaces- The current plan shows about 495 spaces or about 610/o-
ThePEZ Ordinance (#1021) requires among other things, that each property owner that utilizesthe parking reduction "shall clearly specify on all rental contracts oiugr""*"nts whether or not avehicle parking space is provided'i. Th" ordinance further requires that bicycle parking beprovided at I per each ten students and is constructed on concrete, asphalt or pavers and shall beconnected to the parking lot etc. Also, sidewalk maintenance (snow removalj is required as partof the agreement.
c. Not create a nuisance or sofety hazardfor neighboring properties in terms of excessive noiseor vibration, improperly directed glare or heat, electrical interference, odors, dust or airpollutonts, solid waste generation and storage, hazardous materials or waste, excessive trafficgeneration, or intederence with pedestrian traffic.
Regarding glare, heat, electrical interference, dust, air pollutants, noise, vibration, odors:Adherence to City standards shorild prevent these impacts from becoming a nuisance.
d- Be adequately semed by essential publicfacilities und services such as occess streets, policeandJire ptotection, drainage stractures, refuse dkposal, water and sewer service, oncl schools.If existingfacilities are not adequate, the developer shall show that suchfacilities shall be
upgroded sufJiciently to serve the proposed use.
Case No. 12 00016 Page 2
IV.
Drainage structures will be reviewed by the City Engineer.
public facilities and services; therefore, this criterion is me1.
a
The site is served by all essential
e' Not generate traftic in excess o{the capacity of pubtic streets or access points serving theproposed ase and will assure adequate visibility at traffic access points.
At the time of review, the city Engineer had not completed his review.
f' Be effectively bufferecl to screen adioining properties from adverse impacts of noise, buildingsize and resulting shadow, traftic, anA pariing.
The Planning and ZoningCommission should deliberate to determine if there is an..adverseirnpact" created by the construction of this project.
g' Be compatible with the slope of tle site snd the copacity of the soils ond will not be in an areaof nataral hozards unless suitably designed to protect itvis ana property.
Not applicable
h' Not result in the destruction, loss or damage af a historicfeature of signrJicance to thecommunitlt of Rexburg.
Not applicable
STAFF RXCOMMENDATION
Staff recommends that the commission take public testimony, and determine if the proposedconditional use permit.can be approved, denied, or approved with conditions. It should bedetermined if the location of the project, the pedestrian access to the campus and other pEZrequirements are adequate for approval. Staff has proposed some conditi,ons of approval should theCommission choose to approve with conditions.
Proposed Conditions of ApprovalA site plan reflecting all conditions of approval and incorporating all City standards, e.g. landscaping,parking, snow storage, drainage, etc. sh;ll be submitted and apprived bythe City prior to the issuanceof a building permit.
Lighting shall be low (under l5-feet in height) and not create glare, and as a minimum shall adhere tothe City's lighting ordinance.
To encourage altemative travel options, i.e. bicycling, bike racks and hard surface must be provided.Location of racks needs to be shown on revisedsite fian. This requirement is identifre dinthepEZOrdinance.
lidgwalk and pathway maintenance to be performed as per thepEZordinance.Parking Contracts to be approved by the City Attorney.
Requirernents of the PEZ zone ordinance to be applied to this project. Including but not limited towider sidewalks.
l.
2.
aJ.
4.
5.
6.
Case No. 12 00016 Page 3
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,i nir itt i l:,t;t ri it, (.on n t rt t ti t I,
o
Review Action
P"O Box 280
35 Norih 1st East
Rexburg, ldaho 83440
Phone (208) 359-3020
Fax (208) 359-3022
January 19,2012
Permit Number: 12 00016
Project Name: The Lofts Apartments _ CUp
Project Type: Conditional Use permit
ApprovedFire Department Review
Other Comments
01t17t2012
Parcel #'s RPRB&TSOOOOOIO
lf the ffoor level of the highest level in theparking structure is greater than 30,above thelowest level of fire department vehicle accessthen the fire department access on the Eastside of the parking structure will need to beincreased to at least 41,to allow for aeriatapparatus access. please see 200g IFCsection D105
i ! i ) !):-^t,41,/-Ll lTar--,j \. i- ../. _ij i. _/ lr, -r. _:
Csr-'
'\ nii t i ; tl: I tuti h I )i' tDt t t t i ; t\
P.O Box 280
35 North 1st East
Rexburg, ldaho 83440
Phone (208) 359-3020
Fax (208) 359-3022Review Action
January 19,2012
Permit Number: 12 00016
Project Name: The Lofts Apartments _ CUp
Project Type: Conditional Use permit
Review ltem
GIS Review
300' Notification List Generated.
Description Closes and described thedesired area.
Parcel#'s RPRB&TSOOOOOIO
Approved
01/12t2012
01t12t2012
r. i I ) 1_: I--t.€XB{JRG(\'
\,i1f , ii ii'! l t ! tri i\ | r!rilrt \iiI
P.O Box 280
35 North 1st East
Rexburg, ldaho 83440
Phone (208) 359-3020
Fax (208) 359-3022Review Action
January 19,2012
Permit Number: 12 00016
Project Name: The Lofts Apartments _ CUp
Project Type: Conditional Use perrnit
AnprovedPlanning Staff Review
Conforms to the Comprehensive plan
O1ngf2|l2
Parcel #'s RPRB&TSOOOOOlO
2lt3l20l3
Mr. Robert Dudick
Mixed-Use Real Estate Advisors
c/o lnnovative Studerrt Housing
5l 13 South West Parlcway, Suite I 70
Austin, TX 78735
{:t1t 0l:
I-} r]vrf t ID/.1.l\-Dl\l)L-/r\\J
(N, ---'--- _-.-.-
,\ t ! j I r;. it | :iil o; h, i: nilt ril rn t|,
Mr. Rajen Shastri
Campus Acquisitions, LLC
l6l North Clark Street, Suite 4900
Chicago. Illinois 60601
Re: 555 South 3'd West - Thc Mountain Lofts redevelopment of Grandvierv
Torvnhomes and Teton Flouse
Centlemen,
The purpose of this letter is to update you as to the status of your project as per the City
ol'Rexburg Approval Process. As you know, the City of Rexburg has issued a
Conditional Use Pemrit (CUP #1200016) on February 23,2012. This project was again
brought before the Rexburg Planning and Zoning Cornmission last summer after
Innovative Student l{ousing redesigned the project.
The redesigrred project r,vas deemed to be in substantial compliance with the CUP
allowing it to rcmain in effect. The CUP approval guarantees that you are approved at a
parking ratio per occupant of 6lVo. Density in the Pedestrian Ernphasis Zone (PEZ) is
lirnitecl only by design constraints per the lnternational Building Code and the approved
parking ratio. The location of the project falls within a High Density Residential Zone
and therefore dormitory use is allowed by right.
The next stage is more cursory in nature and cornprises the design revielv. This process
is not required if the project meets the design requirements set fbrth in the City of
Rexburg Development Code. The purpose of this meeting is to ensure that the City's
design expectations are met.
Design review meetings typically last 45 nrinutes with the owner presenting the site plan
and elevations of the development to the design review committee follorved by comments
a1d questions fiom the comrnittee. Generallyo approval is granted upon the completiott
of thi meeting. Simitar projects have passed this process with minimal changes required.
Vll Christcnstn, (Jonrn:unitv Dtrclopmcnt Dircctor
L-ity of ltrsburg 35 Nortlr l" Lirrsr llcsburg, ID 8.}1'10
Ithonc: 20$.359.3020
Usually the rcquested changes involve long expansive walls without material changes,
projections or recesses.
Finally, when a complete set of plans is provided, a more exhatrstive plan revielv will be
required to identify cocle and ordinance compliance.
please call rne at (208)359-3020 if you lrave any questions or if we cau assist you further.
Sincerely. --'-'- -n/)
Val Clristensen
Cornrnunity Development Director
City of Rexburg
\tll Clrristerrsen, Crtmnrunity f)erebpment I)irector
(-ity of ltcsburg 35 Norrh l" l.inrrt ltcxburg, Il) tl.l'l4l)
Phonc: 308.359.3021)