HomeMy WebLinkAbout18-00163 ApplicationDate: March 28, 2018
To: Tawnya Grover
From: Devin Durrant, Manager, DPI Triple, LLC
Tawnya,
Please see the attached submittal. Thank you for your help.
Devin
Rm'ewsJue Afro► 13,x, 8
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Conditional Use Permit ApplicationCI TV Of
Dormitory RFX uUR
Cly of Rexburg A,ayysyp,�t C,,,w;,+,,,y,
35 North Id East Phone: 208.359.3020 '�� + • ��
Rexburg, ID 83440 Fax: 208.359.3021 www.rexbvrg.org
E
Q E B pp E TIME: About 80 days
l5 y/ D CUP: $250.00
Publication: 520
r APR 2 2018 Total Fees Due: $550.00
Fee(s) Paid: Yes/No
REXBURG I Submittal Requirements
Legal Description of the Property (Please attach)
pA ❑ Site plan drawn to scale showing the actual dimension and the shape of the lot to be built upon; exact size
and location of existing buildings on the lot the exact location and dimensions of the proposed building(s),
structures or alterations, parking, landscaping, screening, solid waste storage, etc.
O(k ❑ Elevation plane — detailed drawings of front, rear, and sides to show compliance with architectural features
and design requirements. Please show the conditional uses from Planning & Zoning and City Council
meeting on the submitted plans for final signatures.
i"'Affidavit of Legal Interest — signed and notarized
O k ❑ Narrative statement —The statement should discuss the general compatibility of the proposed
development with adjacent properties and the neighborhood, and the effects of the following on the
adjoining property: noise, glare, traffic generated, vibration, odor, fames, drainage, building height, massing,
and solid waste.
(ne following questions will aid in draRing this statement)
1. What is the current zone of the parcel?
2. What are the adjacent zones of the properties surrounding the lot for the proposed use?
3. How many units are planned? How many beds are planned per unit? Will this be student housing. multi-
family for young families, singles and couples, or elderly?
4. How big is the parcel on which the use is planned?
5. What is the estimated daily traffic to be generated? Will the traffic be primarily private vehicles or
commercial trucks?
6. What provisions have 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 fine -fighting equipment?
7. Where will solid waste generated be stored? Is access adequate for the City collection?
8. What is the type of noise that will be generated by the use? What are the hours of noise generation?
9. Will storm water drainage be retained on site? Is an existing storm drain available? Is it at capacity? If so,
will new facilities be constructed?
OK ❑ Four (4) co ies of the application and all supporting documents will be needed
V Digital .pdf copy of application and supporting documents submitted to Planning & Zoning office
Applicant
Name: t)PI TKIFLr I L < < Address:
City: U-00 State: UV'
Email: 63 iWt4ij& 6''1AtIL. Co wt
Owner (Complete if owner not applicant)
Name: Address:
City: _
Email:
ZoD0 P. aoyetJ Rt)
Zip: XL')j Phone: '90 1 t{y g - y-1 j Z
State: Zip: Phone:
Property to be Covered by Permit:
Address: M S 2-rJ6 L5- Zone: I`1 LSA bGPf171f P-;�S(PLPT14L
Existing use of property:t�it�L
• All applications that are complete will be processed with due diligence and will be scheduled, dependent
upon availability, for an upcoming agenda.
• Formal notice will be sent to the 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
roblem. Failure to co ply with the terms may result in revocation of the Conditional Use Permit.
I,, 1�a6�n 3'r -T 2-019
Signatur Applicant Nv1,d NLAff-AMT Date
Conditional) U a Permit Procedures
1. Complete application is received and fees are paid.
2. Proposal is placed on internal Strategic Development meeting for staff taking place Tuesdays at 4p.m.
3. Documents are transmitted to staff for review.
4. Planning and Zoning Commission meeting is scheduled.
5. Notification is mailed to landowners within 300' 15 days before hearing.
6. Proposal is posted on the property.
7. Staff Review is sent to applicant.
S. P&Z Agenda is published & sent to applicant
9. Hearing is placed before Planning and Zoning Commission.
10. If a material change is requested, another hearing may be scheduled before the Commission.
11. If park, nursery school, day care centers, churches, synagogues, temples, funetal or crematory service, home
occupation, development with 4 or less dwelling units, gov. buildings, household goods warehouse and
storage, or reduce parking space size in parking structures, the permit needs only go through Commission.
12. All other uses go before City Council.
13. If material changes to the permit are made, additional City Council hearing will be needed.
14. Applicant receives a copy of the conditions of the pemut to sign.
Recorded at Madison County. (*If conditions are not met within 90 days. CUP will be revoked.)
Affidavit of Legal Interest
City of Rexburg
35 North 10 East Phone: 208.359.3010
Rexburg, ID 83440 w .rexburg.org Fox: 208.359.3012
State of Idaho
County of Madison
I, IJGUjF�
Name
P2u✓v
City
Being first duly sworn upon oath, depose and say:
CITY OF
• RE"URG
ti --- ----
A wfi.t rw^h'c,.n o:n
2000 N. eAN-Yty M
Address
u-\�
State
(If Applicant is also Owner of Record, skip to B)
A. That I am the record owner of the property described on the attached, and I grant my
permission to:
Name
Address
to submit the accompanying application pertaining to that property.
B. I agree to indemnify, defend and hold Rexburg City and its employees harmless from any
claim or liability resulting from any dispute as to the statements contained herein or as to the
ownership of the property which is the subject of the application.
Dated this l S rtK- day of NAP -(Lk —,20 le
Signature - �
Subscribed and sworn to before me the day and year fust above written.
. 9" DtL� -
UNCOLNDEWEY Notary Public o&k6k Vip,h OW
AVWFLKr�� 3�lq e
M OOtRIlBg MJM3ER�1f0 Residing at: N VhIYe►SIt AV_e
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My commission expires: 0LoZ6oZ0
3
RECORDING REQUESTED BY
First American Title Company
AND WHEN RECORDED MAIL TO:
First American Title Company
535 First American Circle
Rexburg, ID 83440
Fust American Tide Company
File No.: 666321 -RX (as)
Kbrofile No. 414959
Jt 1CAM
F� Bp61 CO RECORDER
Reco'rdeo at Request of
FIRST AMERICAN TITLE - RFJCBURG
WARRANTY DEED
Date: February 14, 2018
For Value Received, 3aymon Birch and 3esalce Birch, husband and wNe, hereinafter called the
Grantor, hereby grants, bargains, sells and conveys unto DPI Triple LLC, a Utah limited liability
company, hereinafter called the Grantee, whose current address is 2000 North Canyon Road, Provo,
UT 84604, the following described premises, situated In Madison County, Idaho, to -wit:
!RZ
T; THENCE SOUTH 57 FEET; THENCE EAST 140 FEET TO THE POINT OF BEGINNING.
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 its 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 claims whatsoever.
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Tawnya Grover
From: Devin Durrant <67devin@gmail.com>
Sent: Tuesday, May 1, 2018 5:33 PM
To: Tawnya Grover
Subject: Postpone
Tawnya,
This email is to confirm my desire to postpone my CUP hearing regarding the house located 148 S 2nd East
(Birch House) until the first meeting in June. I believe the date of the meeting would be June 7.
Thank you.
Devin
CITY OF
REXBURG
cy
America's Family Community
Community Development Department
Planning & Zoning
35 North V East
Rexburg, ID 83440
(208)359-3020
Land Use - Conditional Use Permit
Application Status: Review Application Number: 18-00163
Applicant Details
148 S 2nd E - CUP Dormitory
Address: 148 S 2nd E
Property Owner
Applicant: Devin Durrant
Application Reviewed Date: 03/29/2018
DPI TRIPLE LLC.
2000 N Canyon Rd
Provo, UT 84604
Property Details Parcel Size
PROPERTYID LOCATION
RPRRXB10502891 I 148 5 2nd E
§ 6.13 (E) "fie Commission may recommend that the amendment be
granted as requested, that it be modified, or that it be denied"
City Staff Reviews
GIS -Boundary Review COMPLETED 04/17/2018
PBS Review CUP RESUBMIT 04/17/2018
* What is the current zone for the parcel on which Dormitory is intended?
Dormitory requires a Conditional Use Permit (CUP). Medium Density Residential 1 allows dormitory with a
CUP.
* What are the adjacent zones of the properties surrounding the lot for the proposed use?
The adjacent zones are High Density and Mixed Use.
* How many units are planned for Dormitory Use?
The home is to be converted to a dormitory and it will require a building permit. Six beds are identified
on the parking plan. There is only 1 compliant space in the garage. A second may be considered
"grandfathered". The additional parking spaces are not within the 200' rule as per Section 5.2 of the Rexburg
Development Code. The Planning and Zoning Commission should take testimony and determine if it is in the
best interest of the community to reduce the 200' rule with their recommendation to Council.
* How many beds are planned per unit for Dormitory Use?
Six are identified in the parking review.
* Will this be student housing, multi -family housing for young families, singles and couples, or elderly?
Six beds are identified. If the use is for BYUI students, then applicant should contact the Housing
Department and make sure that the use is approved.
* How big is the parcel on which the use is planned?
Meets requirements.
* What is the type of noise that will be generated by the use? What are the hours of noise generation?
Dormitories generate noise and other situations that can be problematic for single family units adjacent to
the proposed dormitory use. The applicant must identify how noise and increased activity will be buffered
from existing adjacent single family properties.
Fire Department Review
APPROVED 04/17/2018
Report Date: 04/26/2018 4:05 pm Page 1 of 1
Community Development Department
STAFF REPORT
35North Pf East volc@rexburg.org Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
SUBJECT: Conditional Use Permit (CUP) application,
file #18 00163 — Devin Durant
APPLICANT: Devin Durant
PROPERTY OWNER: DPI Triple LLC
PURPOSE: Requesting a Conditional Use Permit to allow Dorniitory.
PROPERTY LOCATION: 148 S 2nd E
Rexburg, ID 8344
COMPREHENSIVE PLAN: Moderate -High Density Residential
ZONING DISTRICT: High Density Residential 1
CITY OF
REXBURG
____
America's Family Community
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 was most recently a single family home. The applicant has purchased it and is requesting to
change the use to dormitory.
II. SITE DESCRIPTION
The location of the property is approximately 148 S 2nd E, Rexburg, ID.
III. ANALYSIS
The following are the criteria for granting a conditional use permit. Some of the criteria are followed by
staff's analysis. A conditional use will:
a. Constitute a conditional use as established in Table 1, Zoning Districts, Table 2, Land Use
Schedule.
A CUP is required to allow dormitory use in all residential zones.
Case No. 17 00236 Page 1
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 to High Density Residential".
With a CUP, the use is in accordance with the Comprehensive Plan.
Development Code (Ordinance 1115)
Dormitory is allowed with a Conditional Use Permit as per the City of Rexburg Development
Code Section 3.9.025. Conditional Uses.
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 closest neighbors to this proposed request are single family dwellings. The block that the
request is on is primarily comprised of dormitory uses and multi -family residential. There is still
a single family residential presence on the block and across the street to the east. Staff feels that
the request is in-line with the existing uses if screening is provided for the adjacent neighbors and
parking is identified for the new dormitory use.
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.
Dormitory generates additional noise and may be problematic for existing single family uses.
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.
As per the City Engineer: All storm Drainage will be handled on site.
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 at this time.
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 noise and if screening is required.
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.
N/A
Case No. 17 00236 Page 2
Not result in the destruction, loss or damage of a historic feature of significance to the
community of Rexburg.
N/A
IV. STAFF RECOMMENDATION
Staff can support this request with the following conditions:
a. Parking is identified that meets the 200' rule of Section 5.2 of the City of Rexburg Development
Code or the P&Z Commission makes recommendation to Council to wave the requirement and
Council agrees.
b. Bicycle parking is identified.
c. The P&Z Commission discuss if there is a need for any screening from the adjacent single family
residential uses. This could include a privacy fence and or trees, hedges or shrubs.
d. A minimum 5' wide concrete sidewalk is provided from the entry of the residence to the parking
on the shortest route possible.
e. P&Z Commission determines if the existing 5' wide sidewalk along 2"d East should be changed
to 8' wide at this time or if the applicant can wait until such time that there is a bigger project that
will be changing all of the sidewalk on this side of the street.
f. A building permit is taken out to change the use of the structure. This includes the life safety
inspections and any work involved to bring the structure up to code.
Case No.17 00236 Page 3