HomeMy WebLinkAboutREASON FOR DECISION - 18-00163 - 148 S 2nd E - CUP Dormitoryj
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City of Rexburg REXBURC
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35 North IatEast Phone: 208,359.3020 America's Family Communit,
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
Conditional Use Permit: Dormitory 18-00163
148 S. 2nd E.
1. March 28, 2018, application was received by the Planning & Zoning office for a Conditional
Use Permit for Dormitory Housing.
2. April 2, 2018, fees were paid. At a strategic planning meeting, the request was discussed by
staff. Tawnya emailed Devin with their concerns:
"1 just wanted to let you know that public works has a concern about backing cars out on to 211d E. A way to turn cars
around on the property and head out to 211d E front first is desired. Scott Johnson, Economic Development, will contact
you to discuss this further. "
Devin responded, "Yes. We understand. We are planning to have parking behind the house so cars can turnaround
Thanks."
3. April 4, 2018, Notice for hearing was sent to the paper for publication to be published on
April 13 Ih and April 27' for the May 3`d P&Z meeting.
4. April 12', 2018, notice was mailed to adjacent landowners.
5. April 18, 2018, verbally, Devin Durrant withdrew his application and requested to stop
publication. Also, on this day, he figured out his parking situation and requested the
application continue.
6. April 23, 2018, Devin submitted a parking plan.
7. April 26, 2018, the staff review summary was sent to the applicant. Notice was posted on
the property.
8. April 30, 2018, the staff report was sent to the applicant.
9. May 1, 2018, Devin requested to postpone the hearing for this action, so it can be heard in
conjunction with a second application. (See 18-00206.)
10. May 3, 2018, the hearing was tabled until June 7`I'.
11. May 7, 2018, via an email, Staff requested Devin show how the dormitory renters will access
the parking he is providing at the June 7' Planning & Zoning meeting. The question of 200'
access to the parking was discussed.
12. June 6`h, an agenda was sent to Devin and a request for any display documents for his
presentation.
13. June 7`h, 2018, the application was heard before the Planning « Zoning Commission.
6:35PM — (18-00163) 148 S 2nd E - Conditional Use Permit for Dormitory in a MDR1 zone
— Devin Durrant (postponed from May 3, 2018)
Chairman Heidi Christensen opened the public hearing at 6:35PM.
Devin Durrant — 2001 N Canyon Road, Provo, Utah, 84604 — He thanked Tawnya for her help
in this process. 2 properties have been purchased in the last 6 months. He is requesting
Conditional Use Permits for Dormitory housing. The parcels were located on the map. The
properties Devin owns were identified on the map. Steve Oakey clarified the action was only
for the 2 properties and the parking for those 2 properties. He was trying to get an idea for the
scope of the whole project. Devin said, the long-term goal is redevelopment of this area. The
short-term goal is to allow 6 students to live in Birch house. In the tri-plex 4 students/unit,
which is 12 students. Parking for both properties is insufficient. He has 2 legal parking spaces
for Birch House and he needs 5. The triplex has six legal stalls, but 3 more are needed for the
twelve students. He has 15 surplus parking stalls in Briarwood. 6 stalls could be used in
Briarwood to meet the parking need. One house is adjacent, the other is 300' from the existing
parking. The limit is 200'. He understands if this parking place is rejected.
Craig and Natalie went out to look at the proximity of the houses and the parking. Steve Oakey
asked if these properties are in the PED zone. When the parcels were identified on the map, the
parcels are in the PED zone.
Mark Rudd asked if there were any other sidewalks. He asked if Devin would put in sidewalks.
How are they going to get to the parking from their home?
Chairman Heidi Christensen said there was a nice picture on the application for the parking
plan.
Devin Durrant showed how the Birch House would use the sidewalk to access the parking.
Triple House is the triplex. There is 8' out their backyard and they are to the parking lot. Devin
talked about an access between a garage and the triplex. Behind Birch house, from the backyard,
there is a sidewalk right now at an adjacent property to the West. Residents would have to walk
across the backyard to access this sidewalk. They could also use the city sidewalk along the
street in front of the homes. Devin could put in a concrete sidewalk from the back step if
needed.
Bret Sampson — 175 Rosewood Drive — representing BYU-Idaho. He has come tonight to
confirm the exception BYU-Idaho has made because of the need for beds and the plans in place
by this developer. Normally, single-family dwellings would not be approved by BYU-Idaho
housing. They are willing to take a temporary exception, given some criteria, that development
be done within a 3 -year period to provide additional beds that are needed.
Steve Oakey talked about some homes on 2"d S where a couple of homes are for sale. Because
the University has not allowed a similar action, a chain reaction has occurred to attempt to
upzone. If the owner tries to sell, these homes lose their grandfather clause. What is the
University's policy? Right now, the University does this on a case-by-case basis. Bret Sampson
answered, he is not aware of this situation, he cannot speak for the University on this matter.
Devin has been allowed to do this arrangement, based on his future plans and the beds that will
be provided currently.
Chairman Heidi Christensen reminded people, who will speak, to state their name and
address before beginning their comments.
In Favor: None
Neutral: None
Oppose d:None
Written Input: No written input received.
Rebuttal: None
Mark Rudd asked about the time frame for the temporary arrangement. The agreement with
the University is 3 years. By 2020, he intends to redevelop. The University will withdraw the
approval if Devin doesn't meet the time frame, and the homes will fall back into single family
housing. Devin has incentive to move forward, but there are other variables in place.
Chairman Heidi Christensen closed the public hearing.
Craig Rindtisbacher talked about the staff recommendations. First, the parking being farther
than 200' from the house. Staff is looking for direction from the Commission. If the
Commission feels this is temporary in nature, the Commission would have the ability to waive
the requirement for farther than 200'. Second, Staff recommends bicycle parking to be
provided. Third, is adjacent screening needed to single-family homes? Fourth, the sidewalk
requirement has already been discussed; hardscape access to the parking stalls. Last, a building
permit would need to be taken out for the change of use. These were requirements from the
staff report.
Steve Oakey asked about the buffer for residential. Is the house to the south single family?
Staff does not know for sure.
Darrik said, no single -families came tonight to ask for buffering, so for him it is a non -issue
Compliance officer Natalie Powell said she talked to the neighbors on the North side. Devin
talked to the neighbors on both sides. He lives by the owners of these homes in Provo. These
homes are currently being rented to families.
Commission Discussion: Steve Oakey thinks we should scratch requirement "c" on
buffering or screening for the motion. Chairman Heidi Christensen feels like the walk for the
parking is not a reason to reject the proposal. Darrik Farmer commented 200' is not very far.
People at NorthPointe have to walk much farther to get to their parking. If Devin can make it
work, Steve Oakey thinks the proposal should be accepted. The homes are in the PED zone.
Scott Johnson clarified the CUP is for Dormitory, not for PED parking. The PED zone would
only apply for the full development. Craig Rindlisbacher reminded the Commission they
could set a sunset clause. Darrik Farmer says, if it makes sense now, why would it not make
sense in three years. Gil Shirley asked is the CUP temporary? Should the time match the
University's timeline? Keith Davidson talked about support for a sunset clause would be for
those vehicles which would increase backing on to 2"d East. The fewer cars backing onto 2"d
East, the better.
John Bowen motioned to recommend approval of the application without the buffering
requirement and with a sunset clause of 3 years so it conforms with neighboring properties.
Darrik Farmer seconded the motion.
Vote: Motion passed (summary: Yes = 7, No = 0, Abstain = 0).
Yes: Darrik Farmer, Greg Blacker, Heidi Christensen, John Bowen, Steve Oakey, Gil Shirley,
and Mark Rudd. No: None.
be provided. Third, is adjacent screening needed to single-family homes? Fourth, the
sidewalk requirement has already been discussed; hardscape access to the parking stalls.
Last, a building permit would need to be taken out for the change of use. These were
requirements from the staff report.
Steve Oakey asked about the buffer for residential. Is the house to the south single family?
Staff does not know for sure.
Darrik said, no single-families came tonight to ask for buffering, so for him it is a non-issue.
Compliance officer Natalie Powell said she talked to the neighbors on the North side.
Devin talked to the neighbors on both sides. He lives by the owners of these homes in
Provo. These homes are currently being rented to families.
Commission Discussion: Steve Oakey thinks we should scratch requirement “c” on
buffering or screening for the motion. Chairman Heidi Christensen feels like the walk for
the parking is not a reason to reject the proposal. Darrik Farmer commented 200’ is not
very far. People at NorthPointe have to walk much farther to get to their parking. If Devin
can make it work, Steve Oakey thinks the proposal should be accepted. The homes are in
the PED zone. Scott Johnson clarified the CUP is for Dormitory, not for PED parking.
The PED zone would only apply for the full development. Craig Rindlisbacher reminded
the Commission they could set a sunset clause. Darrik Farmer says, if it makes sense now,
why would it not make sense in three years. Gil Shirley asked is the CUP temporary?
Should the time match the University’s timeline? Keith Davidson talked about support for
nd
a sunset clause would be for those vehicles which would increase backing on to 2 East.
nd
The fewer cars backing onto 2 East, the better.
John Bowen motioned to recommend approval of the application without the buffering
requirement and with a sunset clause of 3 years so it conforms with neighboring properties.
Darrik Farmer seconded the motion.
Vote: Motion passed (summary: Yes = 7, No = 0, Abstain = 0).
Yes: Darrik Farmer, Greg Blacker, Heidi Christensen, John Bowen, Steve Oakey, Gil
Shirley, and Mark Rudd. No: None.
nd
10.City Council Meeting June 27, 2018 - Conditional Use Permits for 148 S 2 E (18-
nd
00163) and 166 S 2 E (18-00206) - Dormitory in a MDR1 zone – Devin Durrant
nd
City Planner Craig Rindlisbacher presented on the Conditional Use Permits for 148 S 2
nd
E and 166 S 2 E. The applicant requested a Conditional Use Permit to allow Dormitory
Housing in a Medium Density Residential Zone. He reviewed a map of the property on the
overhead screen. The Planning and Zoning Commission has recommended approval of the
Conditional Use Permits with the City Staff recommendations minus the buffering
requirements because it was determined that the neighboring parcels are owned by the same
person.
City Planner Craig Rindlisbacher reviewed the City Staff’s recommendations. They also
requested a Sunset Clause of three years.
Council Member Mann questioned the reason not to change that whole section of the
block to Dormitory Housing instead of only the two parcels.
Public Works Director Davidson replied to Council Member Mann's question. One of the
reasons why he doesn't believe changing the whole section of the block to Dormitory
Housing is the added traffic it will create to an already congested 2nd East Street. The other
reason is that it is unsafe to back onto 2"d East with the existing traffic.
Council Member Flora questioned if future development is high density how then will the
added traffic be handled. Public Works Director Davidson explained with a higher density
development one of the items they would look at is lowering the number of access on to 2"d
East. For example, instead of having six different drive ways entering and exiting 2"d East
there would only be one entrance and one exit.
Community Development Department
C'oudltioual Use Permit (C UP) application,
file #1800206 –Desin Durant
STAFF NEPONI
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Regnesaaga Coadi6o" Use Permit to allow Dormi ny.
SUBJECT:
C'oudltioual Use Permit (C UP) application,
file #1800206 –Desin Durant
APPLICAh7:
Deriv Durex
PROPERTY OWNER:
DPI Triple LLC
PURPOSE:
Regnesaaga Coadi6o" Use Permit to allow Dormi ny.
PROPERTYLOCATDON:
166 S 2nd E
Rexbwg, ID 8344
CO]BREHEN'SRT; PLAN
Moderate -High Density Residential
ZONTN'GDISTRICT:
Fhgh Density Residential)
APPLICABLE CRITERIA:
City ofRexbwg Development Code (Ordinance Code 1115)–
§ 6.12 Conditional Use Permits
AUTHORITY
§6.12(P)(n "All .11. nodmia.h.Ninnniny onl), begnowed aJln
r®Yme and rera ,.,dation 4, ),a Cinn.I.ian and oppaowl by the 00,
Couruil..."
I. BACKGROUNM
The prapMysvasmoarecentlymnW-family. The applicant has purchased it and is requesting to change the
use to dornvtory.
H. SITE DESCIUMON
The location of the property is approximately 166 S 2ad E, Rexburg, ID,
IH. ANALYSIS
TLe following are the MUM for granting a conditional use permit Some of the criteria are followed by
staffs analysis. A conditional use will -
0. Camdnarnrwrdidoml nsr ns eslablidrrdin 7nbta ], Zoning DirMrN, 7nWe 2,Lmrd LTe
Schedule.
A CUP is required to allmv donewory use in all residential cores.
b. Brinacrordancemilh a sp,clffcor general obfccdreefike Cits', ComprMwnh'e Plan audthe
regulation ofrhe Cite ofRn9nrg Development Code.
Comprdsacstoo Plan
The Comprehemne Man Map identifies the area as "Moderate ts [Eich Ucsssity Rmidomial"_
With a CUP, the use is in accordance with the Consprelactene Plan.
Dmelopment Code (Ordimmse 1115)
Dormitory is allowed with a Conditional Use Permit as per the City of Rmbmg Denlopnsent
Cade Semon 3 9825. Conditional Uses.
r. Beda7gnedandrmutrneledinamarnter to be harmonious n•idt the nisaug character ofrhe
neighborhood andrbr wire In uhich drpropeMis located.
The closest neighbors to this proposed request are single fundydssxllings. heblackthatdre
respnst ism is mivunly comprised ofdon"itoryoses and multi-fanvly residential. ]hereisstill
a stage family nandeatial puserxe on the block road across the street to the cut. Stafffeels Rut
the request is m -lice with the existing uses if uxeesung is provided for the adjacent wigiabors and
parking is identified for the new dmmit ny u
d \set male a nuisance or safe(rhawtdfanrighboringproperfies In teras ofeveershr noise
a, iMmrva, Improperly dirertedglare ar!real, electrical ialerferenee, odors, dust or air
pollutants, solid sere generation and storage, lm,aMaus materials or attire, asset uh'a traffic
generadmn, orharrfermre uirhped.1rian braffrr.
Dormitory geceratu additioml mise andmay be problematic foneswung single fasaily uses.
c. Beadequaros sen•edbi essenualpnblirfnclhdes andvniaes such as access sreen,polire
andJlrepro srtion, drainage structures, rQlnedlsposol, noteraud surer senice, and schools.
Ifniseingfocilmes are not adequate, thednrloper shall shag Oral such factlifirs rhml be
upgraded sta ficlemh'a sear theproposeduse.
As per the City Engineer. All storm Drainage will be handled on sits.
f Not generate traffic in excess ofrhe capacirs'ofpublit streets or access paints seting the
proposed ase and hill assure adequate risibility at traffic access points.
The City Engineer did not have concerns at this time.
g. Be epermr(s• buffered to screen adfobdngproperfiesfrour ads•rrse imparts ofnoiry balloting
sin and resulting shadow, rs is, andpmhing.
The Conwissi m should discus the possible impacts of mise and ifsaeening is requited.
h. Be compatible ndrli the slope ofthe site and the capaclry• ofrhe soils mid nil/amt be In an arra
afnamml hazards orders suBab(y designed a protect fires mMpropegv.
NIA
E Vat rends in lire desructimh loss or damage oft, hisrorirfeamre ofsignocance to the
comnuuhi� ofRnbmrg.
N/A
Suffeau support this request with the following conditions'
a. A concrete waAivwy is provided from back ofums to the parking to m the rear.
Is. Bicycle Packing is idmtified
c. Ilse P&Z Commission discuss if their is a need for any screening from the adjacent single family
residential use_ This cold uaclude a pnvazy force ardor bees, beiges m slwbs.
d. P&Z Comnussim determines if the existing 5' ,side sidewalk along Tr East should be changed
to 8' wide at this twse m if tlse applipnt car wait smtil such time flat there is abigger project that
,vJldgugingaRofthe ort to, change
sideofrhe street.
e. A building perms is taken out to change else use of the structure. his includes the life safety
inspections and anywmk imroked to br}sg the stnscttre, up to code.
Council President Smith moved to approve the Conditional Use Permit for 148 S 2"d E
and 166 S 2nd E with a sunset clause of three years and with the City Staff recommendations
as discussed; Council Member Walker seconded the motion; Mayor Merrill asked for a vote:
Those vo �ting ave Those voting nay
Council Member Flora
Council Member Mann
Council Member Wolfe
Council Member Busby
Council Member Walker
Council President Smith
The motion carried