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Home My WebLink AboutALL DOCUMENTS 2 - 17-00060 - 248 & 250 S 3rd W - Jeff Diehl - CUPFindings of Fact City of Rexburg 35 North N East Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 Conditional Use Permit # 17 00060 Jeff Diehl 248 and 250 South 3,d West CITY Of REXBURG Ameria6 Riodty Community 1. On February 14, 2017, Jeffery Diehl presented to the City of Rexburg Planning & Zoning Coordinator a request and application for a Conditional Use to allow short —term rental at 248 and 250 South 3,d West, per the Rexburg Development Code Ordinance No. 1115, in the MDR1 zone. 2. On February 21, 2017 the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on March 10 and March 31, 2017. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 3. On April 6, 2017 Jeffery Diehl presented to the Planning & Zoning Commission for the City of Rexburg, the request for a Conditional Use Permit to allow a short—term rental, per the Rexburg Development Code Ordinance No. 1116, in the MDRI zone. Steve Oakey motioned to recommend approval to City Council for a Conditional Use Permit for 248 and 250 South 3rd West, to allow a short-term rental in the MDR1(Medium Density Residential 1) Zone, per the Rexburg Development Code Ordinance No. 1115 , as requested. John Bowen 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. 4. Council Member Wolfe moved to approve the Conditional Use Permit at 248 and 250 South 3,d West to allow a short-term rental in MDRI (Medium Density Residential) Zone; Council Member Flora seconded the motion; Discussion: Council Member Mann recommended a management plan be drafted by city staff, so that the guidelines are in writing. Council Member Wolfe clarified the reason why a previous request had a management plan was because a manager was not on site. Council President Smith asked if the units were sold would the new owner have to reapply for a Conditional Use Permit. City Attorney Zollinger said it stays with the property as long as the conditions are met. Council Member Flora; Council President Smith asked for a vote: Those voting ave Council President Smith Council Member Flora Council Member Busby Council Member Mann Council Member Wolfe The motion carried Those voting nag None April 20, 2017 Jeff Diehl 1241 North 7100 East Huntsville, UT 84317 CITY OF REXBURG A.M.'s Fnmlly Community Re: #17 00060 Conditional Use Permit — 248 and 250 South 3,d West, Rexburg, ID 83440 Dear Mr. Diehl: Enclosed is the Conditional Use Permit document to allow a short term rental for the property located at 248 and 250 South 3�d West in Rexburg, Idaho. The Conditional Use Permit was approved at the April 19, 2017 Rexburg City Council meeting. Please keep this document for your records. Section 6.12 B -Standards Applicable to Conditional Use Permits, from Rexburg Development Code Ordinance No. 1115, applies to the Conditional Use Permit. It is included for your reference. Please call if you have any questions or if I can assist you further. Thank you. Sincerely, Elaine McFerrin Planning & Zoning Coordinator City of Rexburg Planning & Zoning Gry of Reabwg 35 Nodh V Eeut. Rezb.% ID 83540 Phone 208.559 3020 Fay: 208.359.3022 of µcxo�•Rr a cirror REXBURG rl reerinr's Fmnily Cummuniq• CONDITIONAL USE PERMIT City of Rexburg Department of Community Development 35 North 1st East, Rexburg, ID 83440 Phone: (208)359-3020 Permit #: 17-00060 Jeff Diehl - CUP 248 and 250 South 3rd West To allow short—term rental at 248 and 250 South 3rd West, in the MDR1 zone, per the Rexburg Development Code Ordinance No. 1115. The "Standards Applicable to Conditional Use Permits," Section 6.12B of the Rexburg Development Code No. 1115, apply to the Conditional Use Permit. Print Name �l i/VV�vz ' IL[ /l y Signature Date: ZD Date Issued: 4/20/2017 Issued By: elainem C I TY OF REXBURG America's fnmily Cnnnnunity From City ofRexburg Development Code Ordinance No. 1115.• 6.12B. - Standards Applicable to Conditional Use Permits The approving body shall review the particular facts and circumstances of each proposed conditional use and shall find adequate evidence to show that the proposed use will, 1. Constitute a conditional use as established in Table 1, Zoning Districts, and Table 2, Land Use Schedule. 2. Be in accordance with a specific or general objective of the'City's Comprehensive Plan and the regulations of this Ordinance. 3. Be designed and constructed in a manner to be harmonious with the existing character of the neighborhood and the zone in which the property is located. 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. 5. Be adequately served by essential public facilities and services such as access streets, police and fire protection, drainage structures, refuse disposal, water and sewer service, and schools. If existing facilities are not adequate, the developer shall show that such facilities shall be upgraded sufficiently to serve the proposed use. 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. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. 8. Be compatible with the slope of the site and the capacity of the soils and will not be in an area of natural hazards unless suitably designed to protect lives and property. 9. Not result in the destruction, loss or damage of a historic feature of significance to the community of Rexburg. City of Rexburg 35 North 1" East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 MLA a ,! MIF'Wi I P }' ; \ � \ ;\ /� j zz % :a\ t� 9i � z j. \\ ƒ\. °� f » §\ . y /�\ �� \d\ §\ z . � C� 2 ;2yf \\\ � jf 35 North Pf East Rexburg, ID 83440 Certificate of MailingFQ`x°°°�. �� CITY OF City of Rexburg o n XBURG 11u�.L�10- lJ 1�1T Phone: 208.359.3020 Aniericai Family Community www.rexburg.org Fax: 208.359.3022 File #: 1-100CIC-0 File Name: 1 HEREBY CERTIFY that a true and accurate copy of the foregoing Notice was this 1 14'day of 20ilmailed to the following parties: (See attached Mailing List) By: Y 1 tU� P1VI 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, April 6, 2017 at 6:35 pm, at City Hall located at 35 North 11, East, Rexburg, Idaho, regarding a Conditional Use Permit (#17 00060) to allow a short-term rental at the specified property, per the Rexburg Development Code Ordinance No. 1115, in the MDR1 (Medium Density Residential One) Zone. The said parcel is located at 248 and 250 South 3m West in Rexburg, Madison County, Idaho, and more particularly described as follows: CUP - Jeff Diehl Leeal Descrintion: 248 South 3rd West Commencing at the Southeast corner of Lot 1 in Block 6 of the Southend Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence North 49.5 feet; thence West 177 feet; thence South 63.5 feet; thence East 177 feet; thence North 14 feet to the point of beginning. 250 South 3�d West Commencing 14 feet South of the Northeast comer of Lot 4, Block 6 of the Southend Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence West 177 Feet; thence South 63.5 feet; thence East 177 feet; thence North 63.5 feet to the point of beginning. At such hearing the Planning & Zoning Commission will hear all persons and all objections and recommendations relative to such proposed permit. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on March 15, 2017. This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and all amendments thereof. DATED this 161h day of February, 2017. Publish: March 10 and March 31, 2017 CITY OF REXBURG By Blair D. Kay, City Clerk � N N 3' vC)®a®NNlla"WMEN w �s. v ❑ 0 vz o O v � 0 r ,y v m ccy N t� z 0 � N Q- N W C. Ui D ... K Ste• f0 :i I(1 .Y.� >. N N I s MpJCS p P5 N M V 1p Yr m R C1 7 C f b y � VAIL NYKOLUS J 272 S 3RD W REXBURG ID 83440 HANEYJANN 276 STEINER AVE REXBURG ID 83440 KINDERDIJK P OPERTIES LLC 2625 N 400 REXBU G - ID 83440 CZIEP GARY J PO BOX 99 MENAN ID 83434 HANKS AMY 253 STEINER AVE REXBURG ID 83440 STAUFFER SHIRLEY CALDER 854 N 950 E BOUNTIFUL UT 84010 COLE A Y TRUST 30270CHOVIEJO RD STE A SAN N C STSRANO CA 92675 COLE F MILY UST 30270 RAN VIEJO RD STE A SAN JUAN API SRANO CA 92675 WAGSTAFF SHELLY C/O 12936 CAYMAN CIR RIVERTON UT 84065 GARNER BONNIE TRUST 326 W 3RD S REXBURG ID 83440 DIAMOND L INVESTORS LLC 4455 JUD ST REXBURG ID 83440 YARDLEY DANIEL D 3220 E ROH LN IDAHO FALLS ID 83401 WALDRON WAYNE B 237 S 3RD W REXBURG ID 83440 MARTINEZ MARCOS A 220 S 3 W REXBURG ID 83440 KLINGLER ELRAY 20883 W REXBURG ID 83440 BAKER LANNING 254 STEINER AVE #A REXBURG ID 83440 HOLMAN NINA JOY LIFE ESTATE 256 S 3RD W REXBURG ID 83440 COLE FAMILY TRUST 30270 RANCHOVIEJO RD STEA SAN JUAN CAPISTSRANO CA 92675 HRA ARBOR COVE LLC 2003 WESTERN AVE STE 445 SEATTLE WA 98121 HRA ARBOR COVE LLC 2003 WESTERN AVE STE 445 SEATTLE WP 98121 COLE FAMILY TRUST 30270N HOVIEJO RD STEA SAN JUA PISTSRANO CA 92675 COX LARIN E SLICE OF RIGHTEOUS PROPERTY LLC YARD E DANIEL D 200 S 1430 W 1778 W 5350 S 3220 E H LN HURRICANE UT 84737 REXBURG ID 83440 IDAHO A S ID 83401 Z� KINDERDIJK PROPERTIES LLC KINDERD K PRO ERTIES LLC 2625 N 4000 W 2625 N 400 REXBURG ID 83440 REXBURG ID 83440 WILLIS BLAKE D ETUX WILLI BL D 1343 MORNINGSIDE DR 1343 NINGSIDE DR REXBURG ID 83440 REXB ID 83440 KINDERDIJK PROPERTIES LLC HANN 2625 N4000 W Z76 SfrER AVE REXBURG\\_ ID 83440 ` REXBURG ID 83440 GARNER BONNIE TRUST 326 W 3RD S REXBURG ID 83440 DIAMOND L INVESTORS LLC 4455 JUD ST REXBURG ID 83440 YARDLEY DANIEL D 3220 E ROH LN IDAHO FALLS ID 83401 WALDRON WAYNE B 237 S 3RD W REXBURG ID 83440 MARTINEZ MARCOS A 220 S 3 W REXBURG ID 83440 KLINGLER ELRAY 20883 W REXBURG ID 83440 BAKER LANNING 254 STEINER AVE #A REXBURG ID 83440 HOLMAN NINA JOY LIFE ESTATE 256 S 3RD W REXBURG ID 83440 COLE FAMILY TRUST 30270 RANCHOVIEJO RD STEA SAN JUAN CAPISTSRANO CA 92675 HRA ARBOR COVE LLC 2003 WESTERN AVE STE 445 SEATTLE WA 98121 HRA ARBOR COVE LLC 2003 WESTERN AVE STE 445 SEATTLE WP 98121 COLE FAMILY TRUST 30270N HOVIEJO RD STEA SAN JUA PISTSRANO CA 92675 COX LARIN E SLICE OF RIGHTEOUS PROPERTY LLC YARD E DANIEL D 200 S 1430 W 1778 W 5350 S 3220 E H LN HURRICANE UT 84737 REXBURG ID 83440 IDAHO A S ID 83401 j I COLE FAMIL T UST WIBLE STEPHEN J MATKIN RODNEY D 30270 RANG IEJO RD STE A 4434 E 400 N 263 W 2ND S SAN JUAN C PISTSR O CA 92675 RIGBY ID 83442 REXBURG ID 83440 FONG JIA LI DIEHL JEFFERY C DI HL J FFERY C 221 S 3RD W 1241 N 7100 E 1241 100 E REXBURG ID 83440 HUNTSVILLE UT 84317 HUNT V E UT 84317 t C r o � M ... MC i � fl`• �-4- "O r ®UU N n 1 I I a" O it v ❑ Z •N a$ cC n V .£` a v v z • t� C ii P w _ K��M• l � a � -C t") •OC S p K N• tlV a E O O N NQS O K o.' Q w a � 3i N !� • N N N: N O n 1�N �. 'N tni r .�.qq M yl £ (n rrr N 10 m "O 00 4� O V' r,� v ✓ rr M M m 0 3O Community Development Department STAFF REPORT 35 North Int East valc@rexburg.org Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 C IT Y OF REXBURG _ -- _(W _ Americas Family CommunitY SUBJECT: Conditional Use Permit (CUP) application, file #17 00060 APPLICANT: Jeff Diehl 1241 North 7100 East Huntsville, UT 84317 PROPERTY OWNER: Same as applicant PURPOSE: Requesting a Conditional Use Permit to allow a short-term rental in the Medium Density Residential 1 (MDR1) zone, per the Rexburg Development Code Ordinance No.1115. PROPERTY LOCATION: 248 and 250 South 3rd West Rexburg, ID 83440 PROPERTY ID RPR4SE0006001A , RPR4SE0006004A COMPREHENSIVE PLAN: Moderate -High Density Residential ZONING DISTRICT: Medium Density Residential 1 APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance Code 1115) — § 6.12 Conditional Use Permits AUTHORITY § 6.12 (F) (7) "All other conditional use permits may only be granted after review and recommendation by the Commission and approval by the City Council... " I. BACKGROUND The property is currently being used as single family residential. The applicant wants to change use to short term rental. II. SITE DESCRIPTION The location of the property is 248 and 250 South 3`d West, Rexburg, ID. III. ANALYSIS The following are the criteria for granting a conditional use permit. Some of the criteria are followed by staffs analysis. A conditional use will: Case No. 17 00060 Page 1 a. Constitute a conditional use as established in Table 1, Zoning Districts, Table 2, Land Use Schedule. A CUP is required to allow short term rental use. b. Be in accordance with a specific or general objective of the City's Comprehensive Plan and the regulations of the City of Rexburg Development Code. Comprehensive Plan The Comprehensive Plan Map identifies the area as "Moderate -High Density Residential". The use is in accordance with the Comprehensive Plan. Development Code (Ordinance 1] 15) Short term rental use is allowed with a Conditional Use Permit as per the City of Rexburg Development Code Section 3.7.025. c. Be designed and constructed in a manner to be harmonious with the existing character of the neighborhood and the zone in which the property is located. The immediate neighbors to this proposed change are single family residential and multi -family residential. d 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. Staff does not feel the request creates any nuisance or safety hazard as described. e. Be adequately served by essential public facilities and services such as access streets, police and fire protection, drainage structures, refuse disposal, water and sewer service, and schools. If existing facilities are not adequate, the developer shall show that such facilities shall be upgraded sufficiently to serve the proposed use. The City Engineer did not have concerns. f 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. The City Engineer did not have concerns. g. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. The Commission should discuss the possible impacts of the new use. h. Be compatible with the slope of the site and the capacity of the soils and will not be in an area of natural hazards unless suitably designed to protect lives and property. Case No. 17 00060 Page 2 There do not appear to be any slope or other geographic concerns at this location. Not result in the destruction, loss or damage of a historic feature of significance to the community of Rexburg. N/A IV. STAFF RECOMMENDATION Currently staff is requesting one parking space per bedroom for short term rentals. Staff recommends that this use be granted as the applicant has demonstrated adequate parking and the use will not negatively impact the neighborhood. If the CUP is granted the new use will trigger a change of occupancy and will require a building permit. Case No. 17 00060 Page 3 Community Development Department o ahxa�•�,, Planning & Zoning City of Rexburg o 35 North Ist East Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 Fire Department Staff Review Comments Conditional Use Permit Application File #17 00060 — Teff Diehl CITY OF REXBURG clv Americas Family Community Requesting a Conditional Use Permit to allow short-term rentals at the specified property in the MDR1 zone. Property Location: 248 amd 250 South 3d West The CUP application request was reviewed. There were no concerns from the Fire Department staff at this time. 1 Community Development Department of pEXBURC Planning & Zoning City of Rexburg 35 North lst East Phone: 208.359.3020 r Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 Public Works Staff Review Comments Conditional Use Permit Application File #17 00060--jeff Diehl C IT Y OF REXBURG 0& AmeriaA Family Cornrnunq Requesting a Conditional Use Permit to short-term rentals at the specified property in the the MDR1 Zone. Property Location: 248 and 250 South 3`d West 1. The CUP application was reviewed. There are no comments from Public Works at this time. 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, April 6, 2017 at 6:35 pm, at City Hall located at 35 North 1s' East, Rexburg, Idaho, regarding a Conditional Use Permit (#17 00060) to allow a short-term rental at the specified property, per the Rexburg Development Code Ordinance No. 1115, in the MDR1 (Medium Density Residential One) Zone. The said parcel is located at 248 and 250 South 3,d West in Rexburg, Madison County, Idaho, and more particularly described as follows: CUP - Jeff Diehl Legal Description: 248 South 3rd West Commencing at the Southeast corner of Lot 1 in Block 6 of the Southend Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence North 49.5 feet; thence West 177 feet; thence South 63.5 feet; thence East 177 feet; thence North 14 feet to the point of beginning. 250 South 3rd West Commencing 14 feet South of the Northeast corner of Lot 4, Block 6 of the Southend Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence West 177 Feet; thence South 63.5 feet; thence East 177 feet; thence North 63.5 feet to the point of beginning. At such hearing the Planning & Zoning Commission will hear all persons and all objections and recommendations relative to such proposed permit. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on March 15, 2017. This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and all amendments thereof. DATED this 16th day of February, 2017. Publish: March 10 and March 31, 2017 CITY OF REXBURG By Blair D. Kay, City Clerk circ or cy+ XBP Confirmation Number: 26952592 City of Rexburg 35 N tat East I PO Box 280 Rexburg, ID 83440 208-359-3020 ub@rexburg.org ► Transaction detail for payment to City of Rexburg. Date: 02/2212017 - 9:17:14 AM Transaction Number: 64446648PT Visa — XXXX-XXXX-XXXX-2330 Status: Successful Accounts nem PZ ZoneComp Plan Revenue Notes: JEFF DIEHL #17-00060 CONDITIONAL USE PERMIT Billing Information JEFF DIEHL JEFF DIEHL ,83440 Quantity Item Amount 1 $450.00 TOTAL: $450.00 Transaction taken by: amandaw oQ }BxBUBC, ,ti id CITY OF Community Development Department 'm T ^XBURG Planning & Zoning l�i 35 North 1" East cw Rexburg, ID 83440 AmericA Family Community (208) 359-3020 Printed Date: 02/22/2017 Permit Details Permit Number: 17-00060 Jeff Diehl - CUP 248 and 250 S 3rd W Payer Information Paid By: Teff Diehl Land Use - Conditional Use Permit Paid With: CREDIT # Payment Details Receipt # ; Payment Date: 5756 02/22/2017 FEE ACCOUNT RECEIPT PAYMENT CODE FEE DESCRIPTION # CODE AMOUNT LU-CUPAPP Conditional Use Permit Application Fee 2832321 PZ $250.00 LU-CUPPUB Conditional Use Publication Fee 2832321 PZ $200.00 Total Payment Amount: $450.00 Please contact the P&Z Coordinator at (208) 359-3020 with any further questions about this receipt ***Credit card payments are accepted, but are subject to a 3% convenience fee on payment amounts over $500*** Page 1 of 1