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HomeMy WebLinkAboutREASON FOR DECISION - 18-00708 - 150 E 2nd N - CUP Dormitory Reason for Decision City of Rexburg 35 North 1 East Phone: 208.359.3020 st Rexburg, ID 83440 Fax: 208.359.3022 www.rexburg.org Conditional Use Permit: Dormitory nd 18-00709 - 150 E 2 N 1.December 14, 2018, A request for rezone From Community Business Center (CBC) to Mixed Use (MU) was received from Cy Hepworth. 2.January 3, 2019, fees were paid for the application and the legal description for the property was received. 3.January 7, 2019, Notice was sent to the paper to rezone the property for the Planning & ndst Zoning meeting on February 7, 2019, to be published January 22 and February 1, 2019. 4.January 15, 2019, A Staff Review Summary was sent to Cy Hepworth. 5.January 17, 2019, a notice with public hearing procedures was sent out to all neighboring parcel owners within 350’ by mail. 6.January 30, 2019, the notice was posted on the property. 7.February 5, 2019, an agenda was send to Cy asking him to present his application. Tawnya also sent Cy the completed Staff Report. A site plan was received from Cy. 8.February 7, 2019, an amended site plan is received from Cy. A hearing is held before the Planning & Zoning Commission. nd (#18-00708) – 150 E 2 N – Conditional Use Permit for Dormitory Housing. The applicant is illegally using the property as dormitory-style housing. He is attempting to bring this use into compliance with City zoning. (action) Attorney Zollinger stated the concern from staff is the ability to gain access to the back yard for parking. Although the applicant has submitted a proposed drawing, it does not meet the minimums. Without an easement or access off the current alley, staff cannot determine any manner that would allow any more than four parking stalls. A 22’ driveway is required and the applicant only has a little over 16’6”. The applicant may be able to negotiate some understanding with the commercial driveway. As proposed, staff does not believe the timing is proper for dormitory-style housing. Presenter: Cy Hepworth After talking to Claire & Dee’s, Chris Cornelius said he could put access through the back fence to his driveway. A strip of property was discussed to provide access, but the owner is not interested in selling this property. The property is in a unique place. Across the street is Standard Plumbing. The property across the street also has the rear yard covered with asphalt. Single-family homes are not current uses allowed in Community Business Center or Mixed Use. Cy is trying to get the house to work. Concerning the sound, commercial is a greater noise generator than dormitory renting. Individual students showed up to rent the rooms. Those students sublet the rooms to create the dormitory situation we are seeing. Cy is trying to cause this structure to be compliant for the dormitory use. Financially, a commercial space wouldn’t cover the mortgage. Chairman Melanie Hepworth asked, why don’t you find a use that works there? Commissioner Steve Oakey talked about the City code requirements. A two-way drive requires 20’. 13’ would be required to have a one-way drive. If a permanent written easement could be obtained supporting the access plan, Staff could have commented on this information. Attorney Zollinger stated conditions could be placed on the CUP that would be contingent on the access. This easement would not have to be granted in perpetuity if the condition was tied to the CUP. If the easement is sold, the applicant would have to discontinue occupancy and the applicant would have to find a different use for the property. Chairman Melanie Davenport asked why the easement agreement was not brought tonight? The property owner would not give permanent easement. Staff Report: The concern by staff is the ability to gain access to the backyard for parking. The applicant has submitted a site plan. However, the road does not meet required minimums. Approval of access from the alley has not been obtained at this time. Access using the commercial driveway might make the access viable, but this is not the case at this time. Chairman Melanie Davenport asked how many people put input into this report? Public Works, Planning & Zoning, and GIS departments contribute to the Staff Report. Attorney Zollinger and Acting Planner, Scott Johnson, have also reviewed the review comments. Commissioner Greg Blacker asked about the green space. The green space of 10% is required on the property. The parking is one space per tenant. Commissioner Kristi Anderson asked about the snow removal. The applicant answered there is room on the southern border, about 6’ to put the snow when removed. The drawing submitted will not be sufficient for occupancy. If a snow storage area is not identified, a written plan for the removal of snow will need to be submitted. Chairman Melanie Davenport suggested the staff report is limited. Item “e” was identified as the location for outstanding issues. Tawnya shared Val has dormitory housing just down from where he lives. He feels like the noise generated and traffic are nuisances. The boys are very disruptive trying to impress the girls at this dormitory housing. Val Christensen is looking out for the Bell’s; he feels dormitory at this time may not be a good idea. Mrs. Bell has had surgery and could not be present tonight. Mrs. Harris may participate for her. Chairman Melanie Davenport opened the public input portion of the hearing at 7:16 p.m. Favor: None Neutral: None Opposed: Ryan Thueson – 654 Harvest Drive – Chris Cornelius is his business partner and they own the alley to the west of the applicant’s property. There are storage units south of Cy’s property. To the south, there is also a dormitory-like use; there are transitional people in an out all day long. The people are there by the court’s order. He has had people wandering around his property. Someone tried to steal a car off his property. A person was arrested just the other day from this house. He is not trying to take away someone’s ability to make money, however, he feels it is a big problem trying to put residential into a commercial area. Ryan’s business has been in its present location for 53 years, like the Hepworth’s. The applicant’s house tonight has been a single-family home up until just a few months ago. He identified a pony wall fence Cy is trying to gain access through to the driveway. Ryan does not plan to give this access by easement. He does not know what is going to happen with his property in the future. An easement gives away part of his property. Ryan doesn’t care if Cy tears down the fence to get access using the driveway. He does not have a problem with someone using the driveway. However, it is his driveway and if he has something parked in the driveway, don’t come ask him to move it. If the tenants can’t park; it will not be his problem. Written Input: None Rebuttal: Cy Hepworth responded in lieu of this house and there are many other houses like these all over Rexburg. Just because the magnifying glass is on this property today, the issue is not solved. No one wants to live there as a single family. The look and style of the home does not lend itself to commercial uses. Financially, this is the only way this property works. Chairman Melanie Davenport closed the public input portion of the hearing at 7:25p.m. Commissioner Vince Haley talked about the Bank of Commerce as a 9-5a.m. Monday through Friday business. Standard Plumbing closes down on Saturday at noon. The area tones down on the weekend. He works in an office in this vicinity. His office has an easement for the owner behind them, and they have had a difficult time appeasing her. Commissioner Haley does not like easements. He does not see the idea of a dormitory working well in this area. Commissioner Kristi Anderson wondered if the request was approved and there was noise or problems, could the CUP be revoked? Permits can be revoked if laws are broken. This would go through the court system. Commissioner Steve Oakey does not want to prohibit anyone from doing what they want on their property. Cy has several issues he has to work through with the City. From Steve’s perspective, he would sit back and watch to see if Cy can produce a product he can sell on the market. Commissioner Vince Haley sees a hindrance to Claire & Dee’s ability to get his semis in and out, which hinders the ability for them to sell their product. Attorney Stephen Zollinger stated the access as clarified by Ryan will not get Cy Hepworth approval. A temporary easement would be needed to process this application; there is no other logistical way to make this proposal work. Commissioner Steve Oakey will not stand in the way of two consensual people negotiating commerce. He would make a motion to approve the application if no one else is. Commissioner Greg Blacker feels he cannot vote for this because the requirements for the City are not met. Commissioner Steve Oakey says the challenge of the market is creativity. Commissioner Keith Esplin agrees with staff that this is not a good place for dormitory housing, but I don’t know what else the applicant would do with the property? This housing would be for non-BYU-I students. Chairman Melanie Davenport does not feel this is the right timing; it is too early and the proposal is incomplete. There is an oversupply of housing, which brings the prices down to meet the demand. Commissioner Steve Oakey stated it is up to the owner to sell his product. The oversupply brings the prices down to meet the demand. The market will determine who will succeed and who will fail. Tawnya stated the Conditional Use Permit will be tied to the property. When a property is sold, the Conditional Use Permit goes with the property. Commissioner Keith Esplin stated we should give him the right to try. MOTION: Recommend to City Council to pass the application as requested to allow a working relationship with the City and the owner, Action: Motion, Moved by Steve Oakey, Seconded by Keith Esplin. Vote: Motion failed (summary: Yes = 3, No = 4, Abstain = 0). Yes: Keith Esplin, Kristi Anderson, Steve Oakey. No: Greg Blacker, Melanie Davenport, Todd Marx, Vince Haley. MOTION: Recommend the City Council deny the request, because the property does not meet the standards and rules of the city, Action: Motion, Moved by Greg Blacker, Seconded by Todd Marx. Vote: Motion passed (summary: Yes = 4, No = 3, Abstain = 0). Yes: Greg Blacker, Melanie Davenport, Todd Marx, Vince Haley. No: Keith Esplin, Kristi Anderson, Steve Oakey. Commissioner Keith Esplin suggested to the applicant to get his permits in place and come back to be heard before this body and the outcome may be different. The proposal will now go to the City Council. City Council Meeting – February 20, 2019 nd A.Ordinance 1207 #18-00708 & 18-00709 – Rezone 150 E 2 N from Central Business Center (CBC) to Mixed Use (MU) and a Conditional Use Permit (CUP) for Dormitory in a Mixed Use (MU) zone - Stephen Zollinger nd City Attorney Zollinger reviewed the rezone at 150 E. 2 N. A map of the location was viewed on the overhead screen. He pointed out the access driveway that comes through to Clair & Dees store and their storage units. The Planning and Zoning Commission recommended that the zone change be granted; however, they recommended denial of the Conditional Use Permit for Dormitory housing. There was discussion regarding the CUP for the dormitory use in the Planning and Zoning meeting. He said there were some votes in favor of the Conditional Use Permit. Council Member Wolfe mentioned the general consensus at the Planning and Zoning meeting was the CUP was denied was because the applicant could not come up with a satisfactory way to meet the requirements to allow adequate parking and access to the property. City Attorney Zollinger said the applicant’s current plan ran into some issues when the property owner to the west indicated that they were not going to grant the applicant access. The applicant’s proposed layout to accommodate dormitory style housing would require access from the alleyway to the west. City Attorney Zollinger clarified the property owner to the west was not actually denying the applicant access; he was not going to respond to vehicles blocking the access easement. City Attorney Zollinger explained the applicant was in favor of the rezone without the approval of the Conditional Use Permit. Council President Smith asked for clarification regarding the access to the property. City Attorney Zollinger clarified the Planning and Zoning Commission left the applicant with the understanding that if they found a solution to allow access from the west to the property. The applicant could reapply for the dormitory use. Discussion regarding the Comprehensive Plan designation to the west of the rezone request. Council Member Mann asked for clarification regarding the access easement. He questioned if not having the easement would affect the rezone request. City Attorney Zollinger said the discussion with respect to the rezone was a deliberation as to whether the Mixed Use Zone was appropriate in that area. The property is going from a commercial use to a commercial use with residential. The easement was not a factor in the rezone it pertained to the Conditional Use Permit. Council Member Wolfe moved to approve Ordinance 1207 the Rezone at approximately nd 150 E 2 N from Central Business Center (CBC) to Mixed Use (MU) and deny the Conditional Use Permit (CUP) for Dormitory in a Mixed Use (MU) Zone; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Wolfe Council Member Busby Council Member Mann Council President Smith The motion carried