HomeMy WebLinkAboutFINDINGS OF FACT CUP - 16-00575 - 117 S 2nd E - Mattson Apartments (Abri) - Civil Site
Conditional Use Permit # 16 00153
Karl Mattson
129 South 2nd East, and 204 & 216 East 1st South
1. On February 22, 2016, Karl Mattson presented to the City of Rexburg Planning & Zoning
Coordinator a request and application for a Conditional Use Permit to allow 100 %
residential and zero percent commercial in a Mixed Use 2 zone. The property is located at
129 South 2nd East, and 204 & 216 East 1st South.
2. On February 23, 2016, the City Clerk sent the Notice of Public Hearing to be published in
the local newspaper on February 26 and March 11, 2016. A notice was posted on the
property (in 3 locations) and sent to all property owners within 300 feet of the above
mentioned property.
3. On March 17, 2016, Karl Mattson presented to the Planning & Zoning Commission for the
City of Rexburg, the request for a Conditional Use Permit to allow 100 % residential and
zero percent commercial in a Mixed Use 2 zone for the property at 129 South 2nd East and
204 & 216 East 1st South.
Chairman Walker clarified that by right, this applicant can go in and build with the commercial
component. For the Chair, traffic is a non-issue. It is a by-right issue. There are larger issues at
stake.
The parking structure and the sidewalk widening should be addressed in conditions. The
parking structure is right near the neighborhood. The sidewalks should be wider to encourage
pedestrian rather than vehicular traffic.
Chairman Jedd Walker motioned to recommend to City Council approval to allow 100%
residential and zero percent commercial in a Mixed Use 2 zone, for the property at 129 South 2nd
East and 204 and 216 East 1st North, with the following 2 conditions:
1. Sidewalks shall be widened to a minimum width of eight feet on 2nd East and 1st South.
2. The parking structure shall be designed or screened from adjoining residents and reviewed
by the Design Review Committee.
Mark Rudd seconded the motion.
The “Standards Applicable to Conditional Use Permits,” Section 6.12B of the Rexburg
Development Code No. 1115, apply to all Conditional Use Permits.
None opposed. Motion carried.
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020
Fax: 208.359.3022
www.rexburg.org
Findings of Fact
City of Rexburg
4. City Council Meeting April 06, 2016
**Motion from the “November 5, 2014” City Council Meeting:
Council Member Wolfe moved to approve the Rezone and consider first read BILL 1122 for 117
South 2nd East; and 204, 216, and 230 East 1st South to be rezoned from Low Density Residential 3
(LDR3) to Mixed Use 2 (MU2); with the Planning and Zoning Conditions;
5. Including a 1 to 1 setback for building height; and
6. That the residential area on Harvard be non-dormitory housing; and
7. The access onto Harvard Avenue be residential access only;
Council Member Wolfe said that Condition #1 and #2 from the Planning and Zoning Pubic
Hearing are set and do not need changed. #3 Limited access on Harvard; we should strike and add
to #7 to say access should be limited to non- dormitory residential only.
Council Member Busby asked if it would be okay to go into executive session to seek legal advice.
Attorney Zollinger replied that they can do that.
Council Member Busby moved to go into Executive Session per Idaho Statute 74-206; (f) To
communicate with legal counsel for the public agency to discuss the legal ramifications of and legal
options for pending litigation, or controversies not yet being litigated but imminently likely to be
litigated; Council President Smith seconded the motion; Mayor Merrill called for a roll call vote.
Those voting aye Those voting nay
Council President Smith None
Council Member Flora
Council Member Busby
Council Member Mann
Council Member Wolfe
The motion carried
Executive session started at 7:55 p.m.
Executive session ended at 8:25 p.m.
Mayor Merrill announced City Council was back in session at 8:27 p.m.
Council Member Flora moved to approve the Conditional Use Permit for 129 South 2nd East,
and 204 & 216 East 1st South - to allow 100% residential and zero percent commercial in a Mixed
Use 2 Zone with the following conditions clarified:
**Original Conditions set in the motion from the “November 5, 2014” City Council Meeting:
1. There shall be a sunset clause of 24 months for the applicant to obtain a building permit, or the zoning
reverts back to Low Density Residential 3.
2. Building height shall not exceed 30 feet.
3. There shall be limited access on Harvard Avenue.
4. There shall be adequate buffering of the neighbors on the south property line.
5. A one to one setback for building height
6. The residential area on Harvard to be non-dormitory housing; and the access onto Harvard Avenue be
residential access only;
After the Executive Session: the following clarifications to the current conditions were
defined:
1 – The Sunset clause will remain in effect as stated.
2 – Building heights shall not exceed 30 feet as stated.
3 – The non-dormitory housing on Harvard is clarified to be two story twin or townhomes
or two story single unit homes only.
4 – There shall be limited access on Harvard and shall be residential access from the twin
and town homes only.
5 – There shall be adequate buffering of the neighbors on the south property line with a
minimum of 15 foot trees such as a thick hedge of evergreen trees as a better visual and
sound buffer and as approved by the design committee.
6 - One to one set-backs, meaning there shall be a 30 foot set-back on the south side of the
property and also a set-back of 10 feet on Second East to match the housing to the south.
7 - Sidewalks on Second East and First South shall be widened to a minimum of 8 feet wide
as stated by Planning & Zoning.
8 – The parking structure shall be designed or screened from the adjoining residents to the
south and reviewed by the design review committee as set forth by Planning and Zoning.
9 – If twin homes are not built within two years, those lots which were intended for twin
homes shall be landscaped with grass and trees and maintained as a park like area until such
time as the homes are built.
Council Member Smith seconded the motion; Mayor Merrill asked if there was any further
discussion.
Council Member Wolfe asked about a screening structure to the east if the twin homes are not
built and wondered if that should also be in the conditions.
Discussion:
Mayor Merrill asked for a vote;
Those voting aye Those voting nay
Council President Smith None
Council Member Flora
Council Member Busby
Council Member Mann
Council Member Wolfe
The motion carried