HomeMy WebLinkAbout18-00206 Application & Parking PlanP&Z Datg k� q,
Conditional Use Permit Application
Dormitory \ REXBURG
City of Rexburg
35 North NEasf Phone: 208.359.3020
exbur .ID . 59.3022 www.rexburg.org
TIME: About 80 days
CUP: $250.00
EITY
3 2018 Publication: 300.00
Total Fees Due: $550.00
REXBURG Fee(s) Paid: Yes/Nn
Submittal Requirements
iZ, Legal Description of the Property (Please attach)
Nj\ L 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 budding(s),
structures or alterations, parking, landscaping, screening, solid waste storage, etc.
N C Elevation plans — 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.
✓Affidavit of Legal Interest — signed and notarized
C 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, fumes, drainage, building height, massing,
and solid waste.
(The following questions will aid in drafting this statement.)
1. What is the current zone of the parecl?
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 fire -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?
rJ� L �our (4) copies of the application and all supporting documents will be needed
V Digital •pdf copy of application and supporting documents submitted to Planning & "Zoning office
i
Applicant
Name: (� I PLL LLC Address
City: State: Zip: $ tl Lo `I Phone: ° 1 `I l
Email: —(,'I k✓ ^i L 6 M AAL . Gc M
Owner (Complete if owner not applicant)
Name: Address:
City: State: Zip: Phone:
Email:
Property to be Covered by Permit:
Address: 6 5 L n/ t= , �Zt�C R J G (t Zone: 61 0` 1
Existing use of property: hL'� 1 O u N l t kk I-
•
• 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
-problem, ailure tp comply with the terms may result in revocation of the Conditional Use Permit.
Signature of Applicant
Date
Conditional Use 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 clays before hearing.
6. Proposal is posted on the property.
7. Staff Review is sent to applicant.
8. 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, funeral 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 gv 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 permit 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 P, East Phone: 208.359.3020
Rexburg, tD 83440 www.rexburg.org Fax: 208.359.3022
State of Idaho
County of Madison
I L 1/IN JK r1N�
Name
1� R Is �0
City
C 1 I , ',,.
R)~,hI3URG
O CG C-
Address
State
Being first duly sworn upon oath, depose and say:
(If Applicant is also Owner of Record, skip to B)
A. That 1 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 G 5 day of Mr, IL 20�
Signature
Subscribed and sworn to before me the day and year first above written.
� e -
Notary Public of44*Irs QTAA
------------------
0 4
I
NOTARY PUBLIC
F. DEARDENCommission
Residing at: �)t A4i Cr�.r
trBRIAN
No. 682230 Commission Expires
JANUARY 11, 2016
M commission ex ires: t
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STATE OF UTAH
L ..............
RDRDOOP0014571
Ruri Parcel Report ipd�
Parcel Number:
145-1
Primary Owner:
D=i TR', PiE LL
Secondary Owner:
Site Address:
165 Zim E
Mailing Address:
=:k;+:a lasii'rOts fiO
PROVO, UT 341b4
Acreage:
4.1;6
GIS Square Feet:
u!ro6134
GIS Acres:
0.155=
Total Value:
345.'x^
Legal Description:
PAFKER AODITON TO RE?:e'-!
T`J 'oa>
j
Legal Description
TRACT 13: (Triplex)
Triple House
Commencing at a point 132 feet West and 73 feet North of the Southeast Corner of
Lot 1, Block 1 of the Parker Addition to the City of Rexburg, Madison County, Idaho,
as shown on the recorded plat thereof, and running thence West 82.5 feet; thence
North 92 feet; thence East 82,5 feet; thence South 92 feet to the Point of Beginning.
(163 East 2nd South 1/2)
PROPOSED PARKING PLAN - TRIPLE HOUSE -166 SOUTH 2ND EAST, REXBURG, IDAHO
Overview: The Triple House is a tri-plex located in the PED area near campus that is considered
an infill/redevelopment area. I would like to rent this house to 12 single Students - four
Students per unit. My long-term plan is to redevelop in this area. By renting to single Students
I am able to generate additional income to help offset expenses in the interim.
Parking requirement: The required number of parking spaces for 12 single Students in this area
is nine (12 x .75 = 9)
Legal parking spaces currently: This house has a total of four garages. The legal number of
parking spaces is eight.
Additional parking: I own several properties that are located behind this property that have
extra parking spaces. The additional one parking space required would be provided in the
adjacent parking lot. This parking lot could be easily reached via the north or south side of the
Triple House. There is no fence blocking access.
Extra parking spaces in the Briarwood lot: The Briarwood parking area (see attached Exhibit 1)
has 57 parking spaces for 56 students housed in the Briarwood Apartments, the Chapman
House, the Jacobs House, the Whitfield House, and the Pincock House. The required number of
parking stalls is 42 (56 x .75 = 42). This leaves a surplus of 15 parking stalls in the Briarwood
parking area. I am proposing that one of the 15 extra parking stalls be available for use by the
residents of the Triple House.
Parking stickers: My property managers are able to provide oversight on parking by issuing
parking stickers to our Students on a semester -by -semester basis. We will do the same with
our Triple House Students. Our managers live next to the Triple House property and are able to
monitor our parking areas.
To the Rexburg City Officials: Thank you for considering the Parking Plan above. I am new to
the area and I appreciate the guidance I have been given throughout this process. I hope I have
provided sufficient information for this plan to be approved. I am happy to answer further
questions.
War r rds,
Devin Durrant
Manager, DPI Triple, LLC
67devin@gmail.com
801448 4932
Triple House Parking Plan - Exhibit 1
F= American Title Company
Mort"ONJ
WHEN RECORDED RETURN TO
Devin Durrant
2000 North Canyon Road
Provo, Utah 84064
WARRANTY DEED
rofile No. 412661
12 DAY Oct k 28q017
At 1' MCH cfu1l11R M
MADISON CO RECORDER
Fee 515.00
Depul
Recorded VRequest of
FIRST AMERICAN TITLE - REXBURG
For Valuable Consideration Received, DPI LIBERTY, L.C., a Utah limited
liability company, the Grantor, does hereby grant, bargain, sell and convey unto DPI TRIPLE,
LLC, a Utah Limited Liability Company, the Grantee, whose current address is 2000 N Canyon
Road, Provo, Utah 84604, the following described real estate situated in Madison County, State
of Idaho, to -wit:
TRACT 12: (Chapman House)
Beginning at the Southeast Comer of Block 1 of the Parker Addition to
the City of Rexburg, Madison County, Idaho, as shown on the recorded
plat thereof, and running thence North 70.20 feet to the True Point of
Beginning, and running thence North 94.80 feet; thence West 132.00
feet; thence South 8.25 feet thence East 66.00 feet; thence South 86.55
feet; thence East 66.00 feet to the Point of Beginning. (179 East 2nd
South)
Together With and Subject to a Common Driveway Easement
Description: Beginning at the Southeast corner of Block 1, of the
Parker Addition to the City of Rexburg, Madison County, Idaho, as
shown on the recorded plat thereof, and running thence North 56.20
feet to the True Point of Beginning, thence West 37.00 feet; thence
North 51.00 feet; thence East 37.00 feet; thence South 12.00 feet;
thence West 13.00 feet; thence following a curve 29.00 feet, more or
less, to a point that is North 66.20 feet and West 13.00 feet of the point
of beginning; thence East 13.00 feet; thence South 10.00 feet to the
Point of Beginning.
TOGETHER WITH all minerals, mineral rights, water, water rights,
ditches and ditch rights, appurtenant or otherwise related thereto, whether
represented by decree, license, permit or otherwise, and all improvements,
buildings, and fixtures situated on said property, and all tenements,
hereditaments, and appurtenances thereto.
412661
SUBJECT TO the following:
Common Driveway Easement upon the terms, conditions and
provisions contained therein: Parties: Scott C. Jacobson and Alicia
H. Jacobson and Foster Mitchell Gifford and Rebekah Lynn
Compton Recorded: November 24, 1998, Instrument No. 275306.
AND SUBJECT TO: All other existing easements or claims of easement,
rights-of-way, applicable building and zoning ordinances, and use
regulations and restrictions; all existing encroachments, overlaps,
boundary line disputes and other matters which would be disclosed by an
accurate survey, inspection of the premises or environmental assessment;
and all accruing taxes and assessments
TO HAVE AND TO HOLD the said premises with their tenements, hereditaments
and appurtenances unto the said Grantee, and its successors and assigns forever. Grantor
does hereby covenant, for the Grantor and for its successors, to and with the said Grantee,
that Grantor is the owner in fee simple of said premises; that they are free from all
encumbrances, except as set forth hereinabove, and that Grantor will warrant and defend
the same from all lawful claims whatsoever.
In construing this Deed and where the context so requires, the singular includes
the plural and the masculine, the feminine and neuter.
DATED thisi I� day of Oc,6G ate- 2017.
DPI LIBERTY, L.C., a Utah limited liability company
By: DEVIN DURRANT, l anager
412661
STATE OF IDAHO )
) as.
County of MADISON)
ON THIS day of October, 2017, before me,�:
a Notary Public in and for said State, personally appeared DEVIN DURRANT, known or
identified to me to be the Manager of DPI LIBERTY, L.C., a Utah limited liability company
whose name is subscribed to the within instrument, and acknowledged to me that he executed the
same in that capacity.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
SCOrrSTEARS
jpTE CF 6)AHO
(SE NOTARY PUBLIC
Reeidky at: Rexburg, Idaho
My Commission Expires: 0411412016
Notary Public
Residingat: -�
My Commission Expires: L4 . ) U.2 V'
412661
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that on June 7, 2018 at 6:35 pm a Public Hearing will be held
before the Planning & Zoning Commission of the City of Rexburg, Idaho, at City Hall located at 35
North 1" East, Rexburg, Idaho, regarding a Conditional Use Permit #18 00206 and 18-00163 to
allow Dormitory Style housing in a Medium Density Residential 1 Zone (MDR1), per the Rexburg
Development Code as a Conditional Use. The current zoning for the property is Medium Density
Residential 1 (--MDRI). The said parcel is located at 166 and 148 South 2"d East in Rexburg, '_Madison
County, Idaho, and more particularly described as follows:
Legal Description•
166S2"dE
TRACT 12: (Chapman House)
Beginning at the Southeast Corner of Block 1 of the Parker Addition to the City of Rexburg,
Madison County, Idaho, as shown on the recorded plat thereof, and running thence North 70.20
feet to the True Point of Beginning, and running thence North 94.80 feet; thence West 132.00
feet; thence South 8.25 feet; thence East 66.00 feet; thence South 86.55 feet; thence East 66.00 feet
to the Point of Beginning. (179 East 2nd South).
Together With and Subject to a Common Driveway Easement Description: Beginning at the
Southeast corner of Block 1, of the Parker Addition to the City of Rexburg, Madison County,
Idaho, as shown on the recorded plat thereof, and running thence North 56.20 feet to the True
Point of Beginning, thence West 37.00 feet, thence North 51.00 feet; thence East 37.00 feet, thence
South 12.00 feet, thence West 13.00 feet; thence following a curve 29.00 feet, more or less, to a
point that is North 66.20 feet and West 13.00 feet of the point of beginning, thence East 13.00 feet;
thence South 10.00 feet to the Point of Beginning.
148S2"dE
Commencing at a point 111.75 feet North of the Southeast corner of Lot 4, Block 50 of the
Original Rexburg Townsite, Madison County, Idaho, as per the recorded plat thereof and running
thence North 57 feet; thence West 140 feet; thence South 57 feet, thence East 140 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 June 6, 2018.
This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and all
amendments thereof.
DAl'ED this 11' day of May, 2018.
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Publish: May 22"d, 2018 and June 5h, 2018
CITY OF REXBURG
$y eh+w--
eborah Lovejoy, rty Clerk
zltramment:
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148 and 166 S 2nd E - CUP
June 7th 2018
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148 and 166 S 2nd E - CUP
June 7th 2018
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CITY OF
REXBURG
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Americas Family Community
Community Development Department
Planning & Zoning
35 North 1" 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 Applicant: Devin Durrant
Address: 148 S 2nd E Application Reviewed Date: 03/29/2018
Property Owner
DPI TRIPLE LLC.
2000 N Canyon Rd
Provo, UT 84604
Property Details Parcel Size
PROPERTYID LOCATION
RPRRXB10502891 I 148 S 2nd E
Authority
§ 6.13 (E) "The 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
P&Z 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 20Y 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 8YUI 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
Public Works Staff Review RESUBMIT 04/27/2018
Report Date: 05/31/2018 5:22 pm Page 1 of 2
C I TY OF
REXBURG
Americas Family Community
Application Status: Review
City Staff Reviews
Community Development Department
Planning & Zoning
35 North 1" East
Rexburg, ID 83440
(208)359-3020
* Can needed access and easement requirements be met?
Land Use - Conditional Use Permit
Application Number: 18-00163
There is not enough room to put parking behind the house and the offsite parking is greater than the 200
feet allowed by the development code.
* Can storm drainage requirements be addressed?
All storm Drainage will be handled on site.
Report Date: 05/31/2018 5:22 pm Page 2 of 2
Community Development Department
STAFF REPORT
35 North N East valc@rexburg.org Phone: 208.359.3020
Rexburg, to 83440 www.rexburg.org Fax: 208.359.3022
SUBJECT:
APPLICANT:
PROPERTY OWNER:
PURPOSE:
PROPERTY LOCATION:
COMPREHENSIVE PLAN:
ZONING DISTRICT:
APPLICABLE CRITERIA:
AUTHORITY
I. BACKGROUND
Conditional Use Permit (CUP) application,
file #18 00163 — Devin Durant
Devin Durant
DPI Triple LLC
Requesting a Conditional Use Permit to allow Dormitory.
148 S 2nd E
Rexburg, ID 8344
Moderate -High Density Residential
High Density Residential 1
CITY OF
REXBUR_ G
Arnerimi Family Cornmwuly
City of Rexburg Development Code (Ordinance Code 1115) —
§ 6.12 Conditional Use Permits
§ 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... "
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], 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 fetaure 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
PROPOSED PARKING PLAN - TRIPLE HOUSE -166 SOUTH 2ND EAST, REXBURG, IDAHO
Overview: The Triple House is a tri-plex located in the PED area near campus that is considered
an infill/redevelopment area. I would like to rent this house to 12 single Students - four
Students per unit. My long-term plan is to redevelop In this area. By renting to single Students
I am able to generate additional Income to help offset expenses in the interim.
Parking requirement: The required number of parking spaces for 12 single Students in this area
is nine (12 x.75 = 9)
Legal parking spaces currently: This house has a total of three garages. The legal number of
parking spaces is six.
Additional parking: I own several properties that are located behind this property that have
extra parking spaces. The additional three parking spaces required would be provided in the
adjacent parking lot. This parking lot could be easily reached via the north or south side of the
Triple House. There is no fence blocking access.
Extra parking spaces in the Briarwood lot: The Briarwood parking area (see attached Exhibit 1)
has 57 parking spaces for 56 students housed in the Briarwood Apartments, the Chapman
House, the Jacobs House, the Whitfield House, and the Pincock House. The required number of
parking stalls is 42 (56 x .75 = 42). This leaves a surplus of 15 parking stalls in the Briarwood
parking area. I am proposing that three of the 15 extra parking stalls be available for use by the
residents of the Triple House.
Parking stickers: My property managers are able to provide oversight on parking by issuing
parking stickers to our Students on a semester -by -semester basis. We will do the same with
our Triple House Students. Our managers live next to the Triple House property and are able to
monitor our parking areas.
To the Rexburg qty Officials: Thank you for considering the Parking Plan above. I am new to
the area and I appreciate the guidance I have been given throughout this process. I hope I have
provided sufficient information for this plan to be approved. I am happy to answer further
questions.
Warm regards,
Devin Durrant
Manager, DPI Triple, LLC
67devin@gmaii.com
801448 4932
APR 2 6 2018
CITY OF REXBURG