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Home My WebLink AboutWRITTEN RESPONSE - 04-00205 - Meredith - CUP Grandfathered Use as a DuplexptiXbUq ``{o ��; CITY O F x REXBURG r o _. Americn's Family Corrwi unity October 28, 2005 Brandon Hawkes Sugar City, ID 83440 RE: Parking Requirements Documentation Dear Brandon, In response to your request for parking expectations on all Student Apartment Complexes the following code has been adopted in Development Code Ordinance #926: 5.1 Off -Street Parking and Loading Spaces Required. Except as provided in Section 5-7, off-street and loading spaces conforming to the provisions of this Ordinance shall be provided in all districts when a building is constructed, erected or enlarged, when the capacity of a building or structure is increased, or when the use of the building or structure is changed and such change creates a fifteen (15) percent increase in parking required under this Ordinance. 5.2 Distance for Private Off -Street Parking. Required off-street parking shall be located within two hundred feet (200') of the primary entrance of the building. This section is not applicable in the University District. 5.5 Parking Plan Required. A. Requirements. When a building or structure is constructed, erected or enlarged, when the capacity of a building or structure is increased, or when the use of a building or structure is changed and such change creates an increase of fifteen (15) percent or more in off-street parking requirements, a parking plan shall be submitted to and approved by the City Engineer. The plan shall show all parking spaces and their dimensions, access aisles, and entrances and exits to the site. The parking plan may be combined with the landscape plan required under Section 6-9. Parking provided shall conform to the following standards: Each required off-street parking space shall be at least nine (9) feet in width and at least eighteen (18) feet in length, exclusive of access drive and aisles. Up to twenty-five (25) percent of the spaces may be allocated for compact cars with a minimum stall width of eight (8) feet and length of fifteen (15) feet. Spaces for compact cars shall be signed or otherwise designated and Kurt Hibbert P&Z Administrator 12 N Center Rexburg, ID 83440 P. O. Box 280 kurth@rexburg.org m .rexburg.org Phone (208) 359.3020 ext.314 Fm(208)359.3022 shall be located in rows separate from parking for larger vehicles. For student housing, forty (40) percent of the parking areas may be allocated to compact cars. 2. All aisles designed for two-way circulation and all aisles designed to serve ninety degree parking shall be at least twenty-two (22) feet in width. Aisles designed for one-way circulation shall be thirteen (13) feet wide when serving thirty (30) degree parking, fifteen (15) feet wide when serving forty-five (45) degree parking, and eighteen (18) feet wide when serving sixty (60) degree parking. 3. No parking areas shall be designed to require the use of the public right-of- way to travel from one portion of the lot to another. 4. All parking areas shall be surfaced with asphalt or concrete. 5. No parking spaces shall be located in the clear sight triangle provided in section 4-6 or immediately adjacent to an exit to a public right-of-way. 6. All lighting for parking areas shall be directed and, when necessary, shielded so as not to produce direct glare on adjacent properties. No parking area, except those designed for single-family homes, shall be designed or constructed to create a situation in which vehicles back into the public right-of-way. 8. No access point from a parking area to any street shall be within twenty (20) feet of a local street intersection or alley. No access point shall be within forty (40) feet of an intersection with a collector street of sixty (60) feet of an intersection with an arterial street. 9. All parking areas for more than four (4) vehicles shall dedicate the equivalent of ten (10) percent of the parking area to landscaping and snow storage. The landscaping may be interior or may be peripheral. It shall include groundcover and trees. 5.6 Location of Parking Areas. In residential zones, required parking shall not be permitted in the required front yard or the required side yard facing a public street, such yards shall be dedicated to landscaping and driveways. However, in LDR & LDR1 single-family structures shall be allowed one parking place within the setback area per dwelling, in order to meet the parking requirement. 5.7 Required Parking for Land Uses. The minimum number of parking spaces to be provided under this ordinance shall be as follows except in the parking overlay districts: KurtHibbert P&Z Administrator 12 N Center Rexburg, ID 83440 P. a Box 280 kurth@rexburg.org i w .rexburg.org Phone (108) 359.3020 ¢x1.3/4 Fax (108) 359.3011 5.8 TABLE 3. REQUIRED NUMBER OF SPACES. Use Parking Spaces RESIDENTIAL Single-family dwellings2 spaces per unit Multi -family dwellings (MDR)2.0 spaces per unit High Density Residential (HDR) & HDR2) 1 bedrooLI.5 spaces per unit 2 bedrooHl.0 spaces per unit 3 bedrooHl.5 spaces per unit Student housing 1 space per student Multi -family dwellings for the elderly 0.7 spaces per unit Nursing homes 0.25 per bed Motels and hotels (transient lodging) 1.00 per sleeping room I have highlighted in red special considerations in regards to your question. My office has no documentation of any kind that would indicate that this unit has ever met these requirements or the requirements preceding adoption of the current ordinance. The units in question are simply nonconforming with the current ordinance. The smallest requirement the City of Rexburg has ever had in place for student parking was a .5 to one ratio dating back to 1968. It is clear that this home was not in the existing use at that point in time. Conversion was sometime after this 1968 date and would have been at a minimum subject to the .5 parking requirement. If you have any questions please do not hesitate to call. Sincerely, Kurt Hib ert Planning and Zoning Administrator Kurt Hibbert P&Z Administrator 12 M Center Rexburg, ID 83440 P. O. Box 180 kurth@rexburg.org www.rexburg.arg Phone (208) 359.3010 ext.314 Fax(208)359.3022 11/29/2005 12:21 FAX 8014891147 The Learning Calendar 4002 Ng embu 17, 2605 To whom It May Concern; iamtle tied now for the Covington Aparmtems (23 E 2a° S, Rexburg). This property bas been under cDav=threedmcssinceBreakWhmog the owner ofComgma Apar m zz lisped it with me. Tvm of the buyers have r awinded dteir offers after speaking with Kun from Rexburg City Planing and Zoning. According to the buyers they were uAdahe f wplex could lose its situs as a fvtup for several reasons, but the biggest reason was the pwidng issue. The buyers was told die fourplex Lacked the requited anrotm= of pwking siwts wilt n the requited &stow (206 feet) of the for"ImL Devin Morin Eagle Point Realty Restarts lD 83440 11/29/2005 12:21 FAX 8014891147 Brandon Hawkes Sugar City, ID 83440 The Learning Calendar •%4 FLX E(� REXBURG October 28, 2005 RE: Parking Requirements Documentation Dear Brandon, In response to your request for parking expectations on all Student Apartment Complexes the following code has been adopted in Development Code Ordinance #926: 5.1 Off -Street Parking and Loading Spaces Required, Except as provided in Section 5-7, off-street and loading spaces conforming to the provisions of this Ordinance shall be provided in all districts when a building is constructed, erected or enlarged, when the capacity of a building or structure is increased, or when the use of the building or structure is changed and such change creates a fifteen (15) percent increase in parking required under this Ordinance. 5.2 Distance for Private Off -Street Parking. Required off-street parking shall be located within two hundred feel (2007 of the primary entrance of the building. This section is not applicable in the University District. " ,Parking Plan Required. A. Requirements. When a building or structure is constructed, erected or ealarged, when- the capacity of a building or structure is increased, 010en the use of a building or structure is changed and such change creates an increase of 6tieen (15) percent or more in off-street parking requirements, a parking plan shall be submitted to and approved by the Ciry Engineer. The plan shall show all parking spaces and their dimensions, access aisles, and entrances and exits to the site DTheing pian may ba combined with the leudscape plan req u�'red under Section 6-LParking provided shall conform to the following standards: 1. Each requited off-su=t parking space shall be at least trine (9) feet in width and at least eighteen (18) feet in length, exclusive of access drive and aisles. Up to twenty-five (25) percent of the spaces may be allocated for compact cars with a m&&ntmt stall width of eight (S) feet and length of fifteen (15) feet. Spaces for compact can shall be signed or otherwise designated and Kuri Hibor+ P&Z Admlmim r9r )2X Cewm. Re hwr, 1A 83<a0 P. o. RAX 280 Runr@.r�wi�y vee r OK Pko (M;39-4020"014 Par 12091 !993072 11/29/2005 12:21 FAX 8014891147 The Learning Calendar [a 004 shall be located in rows separate from parking for larger vehicles. For studenr housing, forty (40) Percent of the parking areas may he allocated to comped cars. t All aisles designed for two-way circulation and all aisles designed to serve ninety degree parking shall be at least twenty-two (22) feet in width. Aisles designed for one-way circulation shall be thirteen (13) feet wide when serving thirty (30) degree parking, fifteen (15) feet wide when serving forty-five (45) degree parking, and eighteen (18) feet wide when serving sixty (60) degree parking, 3_ No parking areae shall be designed to require the use of the public right-of- way to tmvcl from one portion of the lot to another, d. All parking areas shall be surfaced with asphalt or concrete. S. No parking spans shall be located in the clear sight triangle provided in section 4-6 or immediately adjacent to an exit m a public right-of-way. 6. All lighting for parking areas shall be directed and, when necessary, shielded so as not to produce direct glare on adjacent properties, 7. No parking area, except those designed for single-family homes, shall be dtsigned or constructed to create a situation in which vehicles back into the public right-of-way, S. No "'cess point ftnnt a parking area to any street shall. be within twenty (20) feet of a local street intersection or alley. No access point shall be within forty (40) feet of an intersection with a collector street of sixty (60) feet of an intersection with an arterial street. 9• All ping areas for more than four (4) vehicles shall dedicate the equivalent of ten (10) percent of the parking area to landscaping and snow storage, The landscaping may be interior or may be peripheral. It shall include groundeovar and trues. 1st n 5,6 Location of Parking Areas_inresidential zones, required parking shall not be permitted in the required front yard or the required side yard facing a public street, such yards shall be dedicated o landscaping and driveways_ However, in LDR & LDRI single-family ruottttss shall be allowed one parking place within the setback area per dwelling order to meet the perking requimment. E'5e7 Required Parking for land Usm he trtinirwim number of parking spaces to be provided under this ordinance shah as folko s except ut the parking overlay districts: ��JJ Kurt Wbbcrt P6Z Ad,nlnisiomor J2 n. Center ReNu.E ID B!/.0 P. R Bvs JBO lrnh(y1r«.6�,p.o y ,rww.re=Gl rya y PSese (lOd/ J�Ii.JOZO eu.9/� Fig (ZaB/ 359.iaf= 11/29/2005 12:22 FAX 8014891147 The Learning Calendar 5.8 NUMBER OF SPACES. Use pmkjne Sowes lftESIDENTIAL Single-family dwellmgs2 spaces per unit Multi -family dwellings (MDIt)2,0 spaces per unit High Density Pesidential (MDR) & HDP -2) 1 bcdrooLl.S spaces per unit 2 bedrooHLO spaces per unit 3 bedrooHL5 spaces per unit Student housing 1 space per studenal Multi -family dwellings for the elderly 0.7 spaces per unit Nursing homes 0.25 per bed Morels and hotels (transient lodging) 1.00 per sleeping mom 1 have highlighted inLedjspecisl considerations in regards to your question. My office has no documentation of anv kind that would indicate that this unit has ever met these requirements or the requirements preceding adoption of the current ordinance. The units in question ate simply nonconforming with the current ordinance. The smallest requirement the City of Rexburg has ever had in place fnr student parking was a .5 to one ratio dating back to 1968. It is clear that this home was not in the existing use at that point in time. Conversion was sometime after this 1968 date and would have been at a minimum subject to the .5 parking requirement. If you have any questions please do not hesitate to call. Sincerely, Kurt Hibbert Planning and Zoning Administrator Kun Hzbbe P&Z AdInu11rJn2Jer JI N. (.m.��. Me+rby.8, !U N.:4s0 p (l. bnr .7b'0 kunbfgwbv.y.ar; vw,.e:bu.g, o.E PA.a (NV)3503020Pv3JJ F" (308)359303] 2005