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HomeMy WebLinkAboutFINDINGS OF FACT - Craig & Jenice Condie - 328 S 3rd W - CUP for Dormitory in MDR1FINDINGS OF FACT FOR CONDITIONAL USE PERMIT On August 26, 2002, Craig and Jenice Condie presented to the Rexburg City Clerk a Request and Application for a Conditional Use Permit on property located at 328 South 3`d West in the City of Rexburg, said property to be changed from Single Family Residential to a Dormitory Style Complex. 2. On September 5, 2002, the request was brought before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit of said property from Single Family Residential to a Dormitory Style Complex. It was recommended that this request should go to public hearing. On September 6, 2002, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on September 9, 2002 and September 30, 2002. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. On October 3, 2002, Breanne Condie representing Craig and Jenice Condie appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit from Single Family Residential to a Dormitory Style Complex on property located at 328 South 3m West. A motion was made and passed to approve the request for a Conditional Use Permit with the following conditions: 1) City Staff Departmental approvals 2) Business License 3) Comply with the Zoning Ordinances Stephe Zollinger, City mey (B-4) 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. (B-6) 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. 5) Amend the 5th condition to require proof on legal ownership of the lot on the North side of 355 % West 2nd South which is the planned access to 2nd South for this Conditional Use Permit. 7) Require a fence on the South Property line that would buffer the entire South boundary Between the Cox and Calder properties. 8) Site Plan (Development Plan) be approved by the City Staff. DaVawn Beattie seconded the motion to grant a Conditional Use Permit with the eight conditions, all voted aye, none opposed. The motion carried. Jordon Dyer was welcomed to the Commission. New Business: Request for Conditional Use Permit - 328 South 3rd West - Craig Condie Kurt Hibbert - Reviewed the request on the overhead screen. Mary Haley — Reviewed the property and discussed the appearance of the property. The Commissioners reviewed the request and the site plan for parking and the future uses possible for the Property. There will be an access to the back of the home for parking and future development. The zoning is MDR. Winston Dyer - Expressed his concern for the conversion of single family units to rental units. Jerry Hastings - Reviewed the proposal for meeting the requirement of the zoning in MDR. DaVawn Beattie made a motion to send this request to a Public Hearing before the Planning and Zoning Commission, Robert Schwartz seconded the motion, all voted aye, none opposed. The motion carried. Site Plan Review - Stone Brook Apts. -Subdivision #1 - Lot 2, Block 1 - 600 Pioneer Rd - Westates Companies - (Stan Rowland) Kurt Hibbert reviewed the site plan on the overhead screen. It is located at 600 Pioneer Road. Staff has ( REXBURG PLANNING 8i ZONING September 05, 2002 7:00 p.ln. Chairman: Winston Dyer Members: Robert Schwartz Ted Whyte DaVawn Beattie Mike Ricks — Excused Steve McGary Doug Smith - Excused Jerry Hastings Mary Haley Jordon Dyer P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay Approval of the Minutes: August 29th Minutes will be approved at the next meeting. Winston Dyer welcomed the public and Commissioners. Noncontroversial Items added to the agenda Winston Dyer - Announced a new member of the Commission - Jordon Dyer New Business Public Hearings 7:10 pm City of Rexburg proposed Annexation of seven Parcels. The proposed properties are: Parcel #1 - Lamoreaux Annexation including US 20 - (990 West 7th Sou Proposed Rexburg City Zone - Medium Density Residential (MDR) th) Parcel 42 - North portion of Madison County Golf Course including US 20 Annexation (Approximately 950 North 12th West) Proposed Rexburg City Zone - Open Space Zone Parcel #3 - Valley Wide CO-OP Annexation - (Approximately 12th West Highway 33) Proposed Rexburg City Zone - Highway Business District (BBD) Discussion on the approval process for this change. The Commissioners indicated that Staff would be able to approve the change within the Westates Planned Development. They are planning 6 different house plans for the development. DaVawn Beattie made a motion to accept the conceptual plan change subject to City Departmental approvals and Zoning Ordinance codes, Jerry Hastings seconded the motion, all voted aye, none opposed. The motion carried. Public Hcarines 7:05 p.m. Conditional Use Permit - Student Housing (Dormitory Style) 328 South 3'" West - Craig & Jenice Condie Kurt Hibbert - Reviewed the proposal to have a dormitory style complex. They plan to build a four-plex on the back of the lot in the future. Discussion on the location of this home. A letter from the Condies was read by the Commissioners. Testimony of favor of the proposal: Breanne Condie - 267 West 3d South - She read the letter from her parents in favor of the development. They plan to have more than four individuals in the home which requires the Conditional Use Permit. Kurt Hibbert - They have three people in the home at this time. They plan to increase to six renters in the home if the Conditional Use Permit is approved. They have plenty of room in the back of the property for this request. Future development on the lot will require a site plan review from the Planning and Zoning Commission. Testimony neutral to the proposal: None given Testimony against the proposal: None given Public testimony was closed. Kurt Hibbert - Reviewed the parking for the development. The private drive is 22 feet wide. Jerry Hastings - Reviewed the proposed changes in the driveway widths. Discussion on dormitory style housing and the number of units allowed in MDR Zoning. A business license is required to manage apartments. Chris Huskinson from the Fire Department approved the proposal without considering the proposed four plex in the rear of the property. DaVawn Beattie made a motion to approve the Conditional Use Permit for dormitory style housing for the home only with conditions: 1) City Staff Departmental approvals 2) Business License 3) Comply with the Zoning Ordinances Discussion on an adjacent lot that may co -develop the parking and street access with this lot in the future. Mike Ricks seconded the motion, all voted aye, none opposed. The motion carried. New Business: Request for Conditional Use Permit - 264 S. 3'd W. - Blake D. Willis Site Plan Review - 264 S. 3'd W. - Blake D. Willis Blake D. Willis - 264 S. 3`d W. - Reviewed the proposed easement from a neighbor for access to his property. Jeff Bell is concerned about the easement inhibiting future development of his property at 272 South 3d West. They plan to share the parking area when Jeff develops his Property in the future. Kurt Hibbert - Explained that Chris Huskinson has reviewed the location of the fire hydrant servicing this location. The fire hydrant is within the required distance from the development. Kurt Hibbert - Reviewed the concerns Chris had with the site plan. Discussion on the type of housing adjacent to this property. Steve Hastings made a motion to send this request to a Public Hearing before the Planning and Zoning Commission, Mike Ricks seconded the motion, all voted aye, none opposed. The motion carried. Site Plan Review - 5`h West & 7�h South - Hide Park - Max Calder - Futures of Idaho Kurt Rowland - Forsgren and Perkins - Reviewed the proposal to put three apartments buildings on Phase One. The current zoning is MDR. Kurt indicated that the parking was in compliance with MDR Zoning. The traffic will be looped through the development. Discussion on the street access at the corner of the development. The fire access loop was reviewed on the site plan. This proposal has a planned access onto fifth west. Mike Ricks - Recommended squaring up the NE corner of the development to have a square intersection. Mike was concerned with the width of the road at 7'h South and 5'h West. Kurt Rowland - Working with John Millar to have the road meet City requirements. DaVawn Beattie - Asked how much change is being made to 51h West? The asphalt is only 25 feet wide at this time. The proposal is to widen the road from its current width. REXBURG PLANNING & ZONING October 3, 2002 7:00 p.m. Chairman: Winston Dyer - Excused Members: Robert Schwartz Ted Whyte - Excused DaVawn Beattie Mike Ricks Steve McGary Doug Smith - Excused Jerry Hastings Mary Haley Jordan Dyer David Stein P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay APPROVAL OF MINUTES DaVawn Beattie made a motion to approve the minutes of September 19'" and the work meeting on the 25`" of September. Mary Haley seconded the motion, all voted aye, none opposed. The motion carried. Robert Schwartz excused Winston Dyer from the meeting. Robert became the Chair person for the meeting. David Stein was welcomed to the Planning and Zoning Commission. David lives on Barney Dairy Road. Noncontroversial Items added to the agenda: Parkside Planned Residential Site Plan - Town Homes John Dester - 2606 N. 860 E. - Provo, Utah - Reviewed his proposal to add main floor master bedrooms. There are seven lots that would be redesigned for twin homes. They are proposing to have 12 units on the seven lots. The proposal was discussed in detail for the proper setbacks. This was discussed as a point of information to the Commission. The design would fit the zoning requirements. The Staff has reviewed the proposal and approved the design change. A similar development in Provo was discussed. The new design is a twin home design instead of a single family home design. There will be five additional homes in the Westates Development with this change. With this change, there will be 95 homes in the development.