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HomeMy WebLinkAboutFINDINGS OF FACT - David HunsakerJackie Toll - 137 N 5th W - CUP for duplexes in LDR1 at 8 unitsacreFINDINGS OF FACT FOR CONDITIONAL USE PERMIT On May 15, 2002, Tom Williams representing Jackie Toll presented to the Rexburg City Clerk a Request and Application for a Conditional Use Permit on property located at 137 North 50' West in the City of Rexburg, said property to be changed from Single Family to four Duplexes. 2. On May 22, 2002, Tom Williams appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit of said property at 137 North 5t' West from Single Family to four Duplexes. They approved and made motion to return the request to the developer to complete a Site Plan that is fully developed with adequate information, (i.e.) Parking, ingress, egress, landscaping, fire protection, including the City Engineering Departments requirements before going to public hearing. 3. On August 15, 2002, Tom Williams appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit of said property at 137 North 5`h West to build duplexes in an LDRI zone. They approved and made motion to return the request to the developer to complete a Site Plan that is fully developed with adequate information. They requested a need to make one deed by merging two deeds together. David Hunsaker filled out the site plan check list. 4. On August 30, 2002, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on September 2, 2002 and September 16, 2002. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 5. On September, 2002, David Hunsaker having bought the above property from Jackie Toll appeared before the Planning & Zoning Commission for the City of Rexburg requesting a for a Conditional Use Permit on property located 137 North 5' West. A motion was made and passed to approve the Conditional Use Permit subject to the following conditions: 1) Install a fence on the South side of the property that will match the McCulloch fence. 2) This Conditional Use Permit is for a single duplex. 3) This Conditional Use Permit is not for the South parcel. 4) City Staff Departments must approve the site plan for on site drainage, parking and the fence. 5) Not create a nuisance of 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. Stepherl Zollinger, City AtOney REXBURG PLANNING & ZONING May 22, 2002 7:00 p.m. Chairman: Winston Dyer, Members: Robert Schwartz Ted Whyte DaVawn Beattie Glenn Walker Mike Ricks Stephen McGary Doug Smith P.F.C. John Millar City Attorney Stephen Zollinger - Excused City Clerk Blair D. Kay Winston welcomed Stephen McGary to the P&Z Commission. Winston introduced Scouts and other developers and interested parties. DaVawn moved to approve the minutes of May 8, 2002. Glen seconded the motion. All voted aye. None opposed. The motion carried. Noncontroversial Items: Trees: The Commission discussed the booklet about trees and vegetation in our area. General discussion about the development of the booklet which talks about trees and vegetation in our area. The comments were favorable to accept the booklet as a guide for our area. The Chairman requested Devon to spearhead a committee to work on the Tree Project for the Community. Public Hearing: Zone Change from HDR to HDR2 Eric Early Property - North side of 7" S and 3`a W John Millar reviewed the request for a zone change with an overhead picture of the existing zoning in the area. The area is about 5 acres. Mr. Eric Early - He wanted to make a more intense use of the property. The request would change the zoning from HDR to HDR2 to allow development of 192 one or two bedroom units for married housing. John Millar stated that a maximum of 30 units per acre are allowed for HDR with 1.5 parking stalls; HDR2 would allow 42 units per acre for one bedroom and 36 units per acre for two bedroom units; Either zone allows 1.5 parking stalls per unit. Chairman Dyer closed Public Testimony There was discussion from the Commission members concerning HDR and HDR2. The zoning goes with the property, so someone could buy the property and increase the density request for the land use. The question was raised about future development with adjacent roadways and future roadways. The City has a master plan to develop 7d' South. Winston did not see any written public input in the record on the zone change request. There is HDR housing just west of the Armory. Ted moved to approve the zone change and recommend to send to Public Hearing before the City Council, DaVawn seconded the motion. All voted aye. None opposed. The motion carried. East Main Neighborhood Committee Report - Presenter, Raymond Hill - President Raymond Hill located at 328 East Main Street read the report of the East Main Neighborhood Association. A handout is on file. The neighborhood report indicated that future growth in the area would have a negative impact on existing homes. Glenn thanked the group for the report. The group has 34 members. The report covers one full block from Main Street to I" South and 2"d East to the Hospital. Also, one single block on the North side of Main Street East from 2nd East including the City Park to the Hospital. This makes up 3 contiguous blocks. A majority of the neighbors in the area are opposed to growth. Discussion by the Commission was invited by Winston. There is a letter from the Hospital on file stating that they did not participate in the report. Landlords on 2nd East may want to sell their properties. Winston - This effort from the citizens deserves a response. Glenn recommended tabling the issue because neither the hospital nor the community are desiring change in the area of the report. Robert made a motion to table this matter until there is a concrete proposal before the Commission that would trigger the investigative process again on this issue. It was seconded by Ted. All voted Aye to table the report, except Mr. Doug Smith who abstained, The Motion carried. Request for Conditional Use Permit - 137 N 5"' W - Jackie Toll Jackie Toll property was reviewed on an overhead by John Millar. They are requesting a Conditional Use Permit to build duplexes in an LDRI zone. Mr. Williams - They are developing both parcels with 8 units per acre in duplexes. Discussion on the need for more specific information on this site. This information will be available in a Public Hearing on the site plan. John - A duplex can be done by right in LDRl. A site plan needs to be put before the Commission for review. The two parcels will be treated as one parcel. Doug made a motion to return the request to the developer to complete a Site Plan that is fully developed with adequate information, (i.e.) parking, ingress, egress, landscaping, fire protection, including the City Engineering Departments requirements before going to public hearing. Glenn seconded the motion, All voted Aye, None apposed. The motion carried. Site Plan Review - Bowen Apartments at 125 S. 4` West John reviewed the request on the overhead screen. The current zoning is MDR. The fire department has not reviewed the plan. Mr. Scott Spaulding - The developer would like to develop 2 four-plexes for married housing. Mike recommended to deny the request because it is short on square footage by 644 square feet. Mike made a motion to deny the Bowen Apartments Site Plan for lack of conformance, Doug seconded the motion, After discussion the Commission called for a vote. All voted aye, the motion carried. Site Plan Review - WestMark Credit Union (East behind Grease Monkey) John reviewed the site plan on an overhead and recommended approval of the site plan. The developer did not have representation. Discussion on access for the area. Glenn made a motion to accept the site plan subject to department head approvals. DaVawn seconded the motion. All voted Aye. The motion carried. Request Sign Variance - Chamber of Commerce - 420 S. 4' W Donna Benfield introduced Russ Carlson from Young Electric Sign Co. The Chamber is requesting a sign to advertise the Rexburg Chamber Office location. Donna presented information on the site for a two sided sign and the need for the sign. The Chamber has begun a new ad campaign to let Freeway traffic know where the Chamber Office is located. Russ - The Chamber is putting an effort into bringing tourists into town. Les Schwab manager's letter was read indicating, they were getting the traffic from the chamber. (Letter from Les Schwab is on file) REXBURG PLANNING & ZONING August 15, 2002 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz - Excused Ted Whyte DaVawn Beattie - Excused Mike Ricks Steve McGary Doug Smith - Excused Jerry Hastings - Excused Mary Haley - Excused Jacob Fullmer P.F.C. P & Z Administrator City Attorney City Clerk John Millar Kurt Hibbert Stephen Zollinger Blair D. Kay Winston Dyer welcomed the public to the meeting. This is an official meeting, however there is not a voting quorum. This meeting will conduct business and hear testimony. The Clerk will make careful note of the proceedings for review by Commissioners who are not present at this meeting. Winston apologized for the inconvenience to those with requests on the agenda. Approval of the Minutes: The minutes will be approved at the work meeting on the 29'h of August for the Planning and Zoning meeting that was held on August 1'°, 2002. Mike Ricks asked for a change to the minutes on page 6. The road width he is recommending is 30 feet for private driveways in subdivisions. Noncontroversial Items added to the agenda Ted Whyte - Asked about the meeting scheduled in the near future. The work meeting is scheduled for th 29'h of August. Winston Dyer - Clarified with Stephen Zollinger the issue of continuing these public hearings to the work meeting on the 29th of August. These items can be added to the work meeting 48 hours in advance of the meeting. Therefore, necessary agenda items from the 15' of August will be placed on the next scheduled meeting on the 29' of August. That meeting will be used to conclude the actions pending on the 15'h of August agenda. Steve McGary - Concurred with the recommendation to conclude these hearings on the 29'h of August. 7:05 pm Zone Change Request - 221 W. 4`a S. - Wade Webster HBD to HDR Kurt Hibbert - Reviewed the request for a zone change on the overhead screen. The property is the old Erickson Pontiac property. Rockland Apartments are to the West of this property. Ted Whyte - Declared a conflict and stepped down from the table. Ted Whyte stepped down from the table noting a conflict with this request. i^ Kurt Hibbert.- Reviewed the proposal on the overhead screen. Ted Whyte - Representing the Erikson Family Trust - Explained that Lot 1 = Erickson Pontiac; Lot 2 = Pioneer Equipment; lot 3 - Randall Porter; Lot 4, 5 and 6 containing about 21 acres are currently for sale. After the sale of lot 3, a subdivision plat was required. Discussion of the dimensions of the lots. Boyd Cardon has surveyed the subdivision and has mapped the site. Winston Dyer - Utility Services were discussed and they should be included in the final plat. City Department reviews are pending. Questions for the Applicant: Rex Erickson - Requested information on the sewer line extension. He asked if sidewalk, Curb and Gutter were planned for the development similar to Erickson Pontiac. The sewer line will be extended for Pioneer Equipment. Pioneer Equipment will match the existing sidewalk, curb and gutter from the Erickson property. The applicant will have to attach to the City water line. The Subdivision lot owners will be required to comply with the Planning and Zoning Ordinances. Mike Ricks - Where will the new sidewalks be located. Winston Dyer - The sidewalks for this subdivision will be located on Private property. Mike Ricks - Commented on sidewalks that are located at the curb in some parts of the City. This will set a precedent for other property owners on the block. Stephen Zollinger - Clarified the sidewalk issue. If the City owns the right of way, a 7 foot setback from the curb would be required for the location of the sidewalk. Without a City right of way, the owner may locate the sidewalk at the curb. Winston Dyer - Recommended approval of the Pioneer Plat and recommended City Staff review the elevation issues for a sewer line extension for this subdivision. Winston Dyer - The general consensus of the commissioners at this meeting is in support of this site plan. The discussion will continue on the 20 of August to complete the review of the request. Site Plan Review for CUP - (Duplex) -137 N. 5u' W. - David Hunsaker (Conditional Use Permit reviewed May 22, 2002) Kurt Hibbert - Reviewed the proposal on the overhead screen. Winston Dyer - Asked Kurt to add additional information to support the proposal. Discussion on the site plan parking. Winston recommended to angle the parking stalls. The minutes from May 22, 2002 meeting were reviewed as follows: `Bequest for Conditional Use Permit -137 N 5`" W - Jackie Toll Jackie Toll property was reviewed on an overhead by John Millar. They are requesting a Conditional Use Permit to build duplexes in an LDRI zone. Mr. Williams - They are developing both parcels with 8 units per acre in duplexes. Discussion on the need for more specific information on this site. This information will be available in a Public Hearing on the site plan. John - A duplex can be done by right in LDRI. A site plan needs to be put before the Commission for review. The two parcels will be treated as one parcel. Doug made a motion to return the request to the developer to complete a Site Plan that is fully developed with adequate information, (i.e.) parking, ingress, egress, landscaping, fire protection, including the City Engineering Departments requirements before going to public hearing. Glenn seconded the motion, All voted Aye, None apposed. The motion carried." Discussion - The need to make one deed by merging two deeds together. The original request for this proposal was in the name of Jackie Toll. Winston reviewed with Kurt the original request. David Hunsaker filled out the site plan check plan. Kurt Hibbert - The City Staff is still working with David to clarify site plan deficiencies. Winston Dyer - Suggested that City Staff inform Mr. Hunsaker that the site plan does not meet the requirements on the site plan check list. This site plan can be brought forward to the next meeting if the site plan complies with the check list requirements. Without a corrected site plan, this request will not be forwarded to the next agenda on August 29, 2002. Discussion on the location of the two duplexes to avoid a neighbors back yard. Two building containing eight units can be located on this property. The property is just under an acre in size. Stephen Zollinger - Up to 8 units per acre would be allowed on this site. Discussion on the size of the building and the setbacks that are required by Ordinance. The Maximum height is 30 feet for a building in LDRI zoning. Conditional Use Permit - 615 Angela Drive - Richard Brown Kurt Hibbert - Reviewed the proposal with the Commissioners. They plan to continue to rent an apartment in the home. The upstairs will be rented to a single mother and two boys and the downstairs will be rented to a married couple. Richard Brown - 115 Crestview Dr - Owner of 615 Angela Drive - He plans to sell the property as a house with an apartment after one year. There is adequate parking on both sides of the home. They are trying to come into compliance with new life safety codes. Questions of the applicant: None Staff Review - John Berry reviewed the location and found that the lot size in not large enough. However the home has been a duplex for about 20 years. Winston Dyer - He is familiar with this site and feels that this is an effort to come into compliance. Our work meeting will have discussion on converting existing homes into apartments. Because this is an existing use for this property and the neighbors are supportive of the proposal. Mike Ricks - He is concerned with the lot size not meeting the code. i REXBURG PLANNING & ZONING September 19, 2002 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz Ted Whyte DaVawn Beattie Mike Ricks Steve McGary Doug Smith - Excused Jerry Hastings - Excused Mary Haley Jordan Dyer P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay — Excused APPROVAL OF MINUTES Jerry Hastings made a motion to approve the August 29, 2002 minutes, Ted Whyte seconded the motion, none opposed. The motion carried. Robert Schwartz made a motion to approve the September 05, 2002 minutes, Ted Whyte seconded the motion, none opposed. The motion carried. Noncontroversial agenda items: There will be a work session with the City Council next Wednesday the 25th of September. Winston Dyer reviewed the agenda items. Public Hearines 7:10 pm Conditional Use Permit - (Duplex - Two family Dwelling) 137 North 5th West - David Hunsaker Kurt Hibbert - Reviewed the previous discussions on this request. Those in favor of this proposal: None given Those neutral to this proposal: Mary McCulloch - 125 North 5'n West - Questioned the number of duplexes proposed and driveway location. The initial proposal is for one duplex; however there may be additional development of the property in the future. She does not object to the duplex. Mary is concerned with lighting on the project being obtrusive to her property. The dumpster location was discussed. `- David Hunsaker - Reviewed his plans for garbage containment. The duplex will be one level. Those against the proposal: None given Discussion by the Commissioners on the request. David Hunsaker - Offered additional comments on the proposal and discussed the location of the water and sewer lines. Kurt Hibbert - Reviewed the fire lane on the site plan. Winston Dyer - Discussed the request and the right for the applicant to have a Conditional Use Permit. The site plan review is not what the Commission is addressing in this hearing. The Conditional Use Permit request needs to be addressed. Mary McCulloch - Discussion on the maintenance of the fence separating her property and the location of snow storage. Winston Dyer - Discussed the buffer required to separate LDRI property from the duplex property. Stephen Zollinger - The driveway is allowed next to the fence. David Hunsaker - He is not sure where additional developments would be located on the property. There was some discussion on an additional duplex. Mary McCulloch - She expressed the desire to extend her fence to her property line. Winston Dyer - Discussed the location of the snow storage on the property. There is not a location indicated on the site plan for snow storage. The Commissioners discussed the conditions needed for approval of the request for a Conditional Use Permit. The conditions need to be consistent with the neighborhood and the zoning. Ted Whyte made a motion to approve the Conditional Use Permit subject to the following conditions: 1) Install a fence on the South side of the property that will match the McCulloch fence. 2) This Conditional Use Permit is for a single duplex. 3) This Conditional Use Permit is not for the South parcel. 4) City Staff Departments must approve the site plan for on site drainage, parking and the fence. Discussion on the conditions and the need to add an additional condition from page 53 of the Planning and Zoning Ordinance Book - Paragraph 4134. 2 6.13 Conditional Use Permits. B. Standards Applicable to Conditional Use Permits. (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. Mary Haley seconded the motion, all voted aye, DaVawn Beattie abstained, no one else opposed. The motion carried. New Business: Site Plan Review - Valley Wide COOP -1200 West Highway 33 - Scott Spaulding Scott Spaulding - Representing Design Intelligence discussed the proposal for a new office and retail convenience store. The proposed building is 17,500 square feet and will contain a convenience store in the Southeast corner. The Northeast corner will be a farm store. The development will cover approximately 6 acres of the 25 acres in the parcel. There will be 70 parking spaces. Scott discussed the site plan and the need to install a right and a left turn lane off the highway 33. Water and sewer connections were discussed. The City is requesting the storm water connection be located to the West of US Highway 20. The location is not going to be developed as a truck stop. There will be underground tanks for retail distribution. The entrances are 40 feet wide with a 30 foot turning radius. Landscaping will be 27 feet on the perimeter and 10 feet across the bottom of the site plan. Snow storage will be located on the bottom of the site plan. The South and East portion of the site will remain agricultural. There is a 10 foot utility easement around the exterior of the development. There is no landscaping next to the building. The loading dock will be below ground level. Discussion on the entryway widths, lighting off the building, pump canopies, and parking stall locations. The facility will be open until 10:00 p.m. Trees and sidewalk location were reviewed. Stephen Zollinger - The Ordinance controlling setbacks will require the location of the sidewalk to be away from the curb. Kurt Hibbert - The Staff has reviewed the proposal. There is adequate parking at the location. There have been neighborhood meetings to review the project. Sewer and water will be at the site for the April 2003 opening of the store. Discussion on the planned carwash at the site. The handicap entrances were reviewed on the site plan.