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Home My WebLink AboutREASON FOR DECISION - 18-00206 - 166 S 2nd E - CUP DormitoryReason for Decision F,o gexsoRc City of Rexburg o 35 North 10 East Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 Conditional Use Permit: Dormitory 18-00206 166 S. 2nd E. C IT Y OF REXBURG Americas Family Communit 1. April 23, 2018, application was received by the Planning & Zoning office for a Conditional Use Permit for Dormitory Housing. 2. April 25, 2018, the applicant was notified that an incorrect legal description was submitted. 3. April 26, 2018, anew legal description was received to describe the land for the application. The new legal is correct. A parking plan was received for this property. 4. 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. 5. May 11, 2018, notice was sent to the newspaper to be published on May 22' and June 5`h. 6. May 23, 2018, notice was mailed to all adjacent property owners. Noticed in conjunction with 18-00163. 7. May 31, 2018, notice was posted on the property. 8. June OF, an agenda was sent to Devin and a request for any display documents for his presentation. 9. June 7'h, 2018, the application was heard before the Planning & Zoning Commission. 6:35PM — (18-00206) 166 S 2' E — Conditional Use Permit for Dormitory in a MDR1 zone — Devin Durrant 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 .nt 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 Bitch 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 2nd 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 Opposed: 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 Rindlisbacher 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. Thi 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. nd 14.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 E nd 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 nd is the added traffic it will create to an already congested 2 East Street. The other reason is that nd it is unsafe to back onto 2 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 nd development one of the items they would look at is lowering the number of access on to 2 nd East. For example, instead of having six different drive ways entering and exiting 2 East there would only be one entrance and one exit. Cora..aunity Development Department ))npopi�,,, 11ADIV"UREPORT RG asrrom rv[esr wcanw.a.oq vnos: sre.am..wm ,A.+.., tntin �anmu..: xa.n onasro ,.,n...+mww Em'hYJflinP1 SVBJECr: Condiflonal Use Permit (CUP) appllcatios, Ne #18 002H — Dnin Durant APPLICANT: Des'ia lAuant PROPERTY MYNER: DPI Triple LLC PURPOSE: Regaestioga Co iitirnil Use Pesosit to allow• D.tocy. PROPERTY LOCATION: 166 S 2ndE Rexburg, m 8341 COMPREHENSIYEPLAN: Moderate -High Density Residential ZONWGDISTRICT: HiSh Dela iykesukuhalI APPLICABLE CRITERIA: City of Rexburg Development Code (OrdivatsceCode 1115)— § Q11 Coasslitional Use Permits AUTHORITY §6.12(T)(7) "All oth®-condihonalusepernals mor coib, beVaoraa)?or rosins, and ssomauasdonon by the Comsmssion and npp..l by the 00 CatrdL.." 1. BACKGROUND The propemtyuasmost teceadysnulti-family The applicant haspur teased it and is,.Iwsti gto change the use to domnsitory II. SITE DESCRIPTION The location of the property is approximately 166 S 2ndZ Rexburg, m. HL ANALYSIS The foRawing are the mtesia for granting a conditiosul use permit. Some, of the enteric are foRoseedby stiffs analysis. A ,onclaw l use Ball' n. Cmnfihde aeoaditionnlnse as established in Table 1, Zoning DisMrn, Table 1, Land Ile Srhednle. A CUP is requited to aRosv dortitory use in all sesidential roves. A B, :cordancenilh a specoir or geuerolobjecOeeoltha Chris Coapreheruise Pflan andthe regulations ofthe Ci(rafReeburg Dnrlopnrent Code. Comprvhmunvplan Us, Compreherstne Plan Map identifies the azo as "Moderate to High Density Residential'. With a CUP, the use is in xcosdence with the Compsehess ism Plan. Dnrelapmrnt Cade (Otdhanre 1115) Darroberya allowed with a Conditions! Use Permit as per the City ofRestbmg Development Code Session 3.9.025. Conditional Uses. r. Be designed and constructed in a ularnler to be Gormoniom nisi the axishing character orate neighborhood and the yne hr Which thepropertr/s located. The closest neighbors 0 this proposed request we single family dwellings. The black that the request is onis primarily comprised of domttory uses and multi-family«sidental. Tbereissall a siogk fsmily mcldentul preuxeonthe blackand eros, the strttt [o the east. Stafffeehthat therequest is m -line with the eaisliuguses if screening is provided for Poe adjacent neighbors and p.&.g is identified For the new donoitoryuse. A. jot create a artisan or safeOJawrdfanudglrborhngproperdn to emus ofnmshrnolse or dbeaflon, haproperlr direrledglare or hem, electrical hrenference, odors, dust or air pollutmm, solid maslegrneradan mrd storage, hmnrdons materials or waste, enessh•e tmfffe generation, or lnlnfnence nith pednMnrr hgQ"sc. Dormitory generates additional noise and may be problematic for existing single fancily uses. it. Be adequtte{r sensed M'essendalpubliefacilldes and sendrn such at access sbeeb,polite mrd jleeproseedou, drainage shamans, n/nse disposal, issues and sen•er sendre, and schools. ff nisfistg farihfies are star adequate, Ilse developer shall shote that such facilifles shall be upgraded suffldnnh•to sear theproposed rise. As per the City Engineer: All stony Drainage will be handled on site. f Notgenerme Kaffir in wress ofthe capario ofpnblic sheen or access paints serving the proposed use mrd nill assure adequate sidbilio at ngQTc acres, points. The City Engineer did act have coarems at this time. g. Beefsecdee4v bq#sred to sneer adjohdrigpeoperfinframr srehrne lnrpach oftroise, balloting sire and resulting shadanl WgQ@, mndparting. The Commission should discuss die possible hsryacts of white and if sneeawg is required. A. Be ronpoubla pith the slope assist, site and the capancc ofthe soils and still ,as be In an area ofnaNral hazards mitts snfmb(r deigned m prosect the, andpriqui NIA I. dol resell ire ltedesrnilost or damage to hbmdejeanve ofsignifirmrn to she eonamnl¢ orReabng. NIA IC. SEAEE RECOMIENBATION staHean wRpost this r'vess with din fall owiagcouditons: a. A concrete waRasxy is provided from back ofsmuts to slat, padbag lot in the rear. b Bic),Je parking is identified. e The P&ZCo®ission discuss ifthae is a need for any scr.Z fiwu the adjacent nugle fantily residmtialuse. ]Lis could include atsrivacY fexeandwtrees, hedges or shrubs. d. P&Z Commissiondetenuwes if to existing 5wide sidewalk akog Ta East should be changed to g'vvide a this tae or if the applicant can wait until such lure that there is a biWerpsoject that will be changing all of the sidewalk. this side of the steel. e A budding pencnt is taken out to change the use of the structure, This includes the fife safety inspections and any work involved so b4,S the stmctm<up to code. Council President Smith moved to approve the Conditional Use Permit for 148 S 2"d E and 166 S 2"d 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 voting ave Those voting nag Council Member Flora Council Member Mann Council Member Wolfe Council Member Busby Council Member Walker Council President Smith The motion carried