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HomeMy WebLinkAboutFINDINGS OF FACT - Blake Loveland - 272-276 W 3rd S - CUP for dormitoryFINDINGS OF FACT FOR CONDITIONAL USE PERMIT On Junel7th, 2002, Blake Loveland presented to the Rexburg City Clerk a Request and Application for a Conditional Use Permit to house more than 4 unrelated people per apartment on property located at 272 - 276 West 3m South, in the City of Rexburg. 2. On June 26� 2002, Blake Loveland appeared before the Planning & Zoning Commission for the City of Rexburg, requesting a Conditional Use Permit for property located at 272- 276 West 3 South. It was recommended that this request should go to public hearing. On July 15t' 2002, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on July 17'h and July 29d 2002. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 4. On August I', 2002, Blake Loveland appeared at a Public Hearing before the Planning & Zoning Colun fission for the City of Rexburg requesting a Conditional Use Permit for property located at 272-276 West 3`d South in the City of Rexburg. Mr. Loveland stated that he purchased the property to provide housing for BYU-ID single students. There was discussion concerning dual use of the property for single and married students. The past 35 years the property has been used for both single and married housing. He plans to start with 10 students and eventually have 24 students at the site. The Commission discussed in detail the geographic constraints that will be place on the number of parking stalls allowed. Parking can only be placed on one side or the other of the back lot. There may be up to 18 stalls allowed by Ordinance. 5. It was moved and passed to grant a Conditional Use Permit with the following conditions: 1) Parking must meet City Ordinances 2) Maintain the existing fence as a buffer and conference with the neighbors concerning additional buffering if needed 3) Comply with all other City Ordinances that apply to the permit StepheA Zollinger, City At ney REXBURG PLANNING & ZONING June 26, 2002 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz - Excused Ted Whyte - Excused DaVawn Beattie P.F.C. P & Z Administrator City Attorney City Clerk Glenn Walker Mike Ricks Steve McGary Doug Smith Jerry Hastings Mary Haley - Excused Jacob Fullmer - Excused John Millar Kurt Hibbert Stephen Zollinger Blair D. Kay Winston Dyer welcomed the community members to the meeting. He recognized Bobette and LaDawn for their distinguished and faithful service to the Commission. Winston Dyer welcomed new Commission members Jerry Hastings and Mary Haley. Mary and Robert were excused from the meeting. Approval of the Minutes: Glenn Walker made a motion to approve the minutes of June 12, 2002. Steve McGary seconded the motion. All voted aye, None opposed. The motion carried. Noncontroversial Items: Glenn Walker thanked the City for E -mailing the minutes to Commission members. The new Planning and Zoning meeting schedule was reviewed for the members. The new schedule will be the first and third Thursdays and start Thursday July 18th. New Business: 7:10 - Public Hearing - Conditional Use Permit - 115 South 2°d West - Dennis Hebdon Kurt Hibbert - Reviewed the hand written sketch of the area and discussed the need for a fire wall on the property line. • Conditional Use Permit -113 South 3'd East - Mary Lee Hill Kurt Hibbert reviewed the permit application and the location on the overhead screen. Staff reviewed the application without concerns. Mary Lee Hill - Reviewed the application with the Commission. She requested that the Conditional Use Permit be transferable to the new owners. The house is listed for sale. Winston Dyer - The zoning is LDR1 in this area. Discussion on the permit and transferring the permit to the new owner. The public hearing would need to be set for the 186 of July. Steve McGary made a motion to move the request to public hearing, Doug Smith seconded the motion, all voted aye, none opposed. The motion carried. Conditional Use Permit - 338 East Main Street - Raymond Hill Glenn Walker excused himself due to a conflict. Raymond Hill - Requested a permit for 2 couples in a family house. It is currently zoned LDR1 which allows conditional use. Kurt Hibbert - Reviewed the site on the overhead screen. Discussion on the previous use of the property. The property will accommodate 6 cars. Doug Smith made a motion to send this request to public hearing for a Conditional Use Permit for a two family residence. Jerry seconded the motion, all vote aye, none oposed. The motion carried. The public hearing will be scheduled for the i8` of July, 2002. ay • 0' Condditional Use Permit - 276 West 3'd South -Blake Loveland Blake Loveland - 266 West 3d South - Reviewed the location and his desire to purchase the property. The property has been used for single student and family housing. Over 20 years of the past 35 years, the property has been used for student housing. Six students were in each of three units for a total of eighteen students. Blake would use the home for single students housing for up to 24 students. The area has other units being used for student housing. The property is a triplex and could hold 24 students. The property was reviewed on the overhead screen. Taco Time is located 200 yards to the East. John Millar - In 1990 the ordinance change the zoning to MDR. Staff reviewed and recommended the property for a conditional use permit. Mike made a motion to send this request to public hearing, DaVawn seconded the motion, all voted aye, none opposed. The motion carried. REXBURG PLANNING & ZONING August 01, 2002 7:00 p.m. Chairman: Members: P.F.C. P & Z Administrator City Attorney City Clerk Winston Dyer Robert Schwartz Ted Whyte DaVawn Beattie Mike Ricks Steve McGary Doug Smith Jerry Hastings Mary Haley Jacob Fullmer John Millar Kurt Hibbert Stephen Zollinger Blair D. Kay Winston Dyer welcomed the public to the meeting. Approval of the Minutes: DaVawn Beattie made a motion to approve the minutes for July 18, 2002 with a spelling correction for Paul Lafollette. Steve McGary seconded the motion, all voted aye, none opposed. The motion carried. Noncontroversial Items added to the agenda Winston Dyer announced that Commissioner Glenn Walker resigned his Planning and Zoning position with a letter of resignation. Winston thanked Glenn for his service and said his great input will be missed by the P&Z Commission. A replacement candidate will be sought from the City Impact Zone. The Chair exercised Executive Privilege and read a statement concerning BYU-Idaho's announcement to begin building 156 units of married student housing. The statement is on file with the minutes. Old Business: Request for Conditional Use Permit - 355.5 W 2i' S -Dowanna Cox Kurt Hibbert - Reviewed the location on the overhead screen. The application is for a triplex. Kurt reviewed the Conditional Use Permit request that was not addressed at the July 10, 2002 P&Z meeting. The Commission discussed the site plan request at that meeting. The request for a three unit site plan was approved with conditions outlined in the July 10, 2002 meeting as follows: 1) Require a hard surface with drainage approved by City Staff 2) Adequate lighting from Wall pack lighting (Bank Lighting) for the parking areas 3) Abandon the 4's west access to the units 4) Provide access from 2' south as the primary access to the units Discussion on the applicants need to meet conditions on page 53 of the Planning and Zoning Ordinance Book. Paragraph B-4 and B-6 were mentioned. The applicant needs to gain legal access to 2nd South. Discussion on the number of units approved and the number of unrelated family members allowed per unit. Winston Dyer — Indicated that this request should be remanded to a public hearing. Steve McGary made a motion to send the request to Public Hearing before the Planning and Zoning Commission for a conditional use permit at 355.5 West 2' South contingent upon meeting the following conditions: 1) Require a hard surface with drainage approved by City Staff 2) Adequate lighting from Wall pack lighting (Bank Lighting) for the parking areas 3) Abandon the 4te west access to the units 4) Provide access from 2' south as the primary access to the units 5) Obtain legal access to 2' South 6) Paragraph B-4 and B-6 on Page 53 of the Planning and Zoning Ordinance Book (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. DaVawn Beattie seconded the motion. Those voting ave Ted Whyte DaVawn Beattie Mike Ricks Steve McGary Jerry Hastings Mary Haley Jacob Fullmer The motion carried. New Business: Those who abstained Those who opposed Robert Schwartz None Doug Smith Public Hearings 7:05 pm Conditional Use Permit - 272 - 276 W. 31a S. - Blake Loveland Winston reviewed the process for public testimony in a public hearing. Kurt Hibbert — Reviewed the request on the overhead screen. It is a Conditional Use permit for a triplex. Blake Loveland - 266 West 3' South - Blake is purchasing theproperty to provide housing for BYU-Idaho Single students. There was discussion concerning dual use of the property for single and married students. The past 35 years the property has been used for both single and married housing. He plans to start with 10 students and eventually have 24 students at this site. Blake lives directly East of the property. Those in favor of the proposal: None given Those neither for or against: None given Those against the proposal: None given The Commission discussed the life safety issues with the Kurt Hibbert. Mary Haley - Requested information on the plan for parking and where the parking stalls would be placed on the property. Mary was concerned with the number of parking stall that would be required for 24 students. Blake reviewed his plans for the location of the parking stalls and additional pavement. Access to the parking stalls will be on 31 West. Winston Dyer - There is pavement in the right of way. The traffic will have to use the driveway to access the parking stalls. Blake Loveland - Indicated that he does not have a site plan. The Commission debated delaying a decision until a site plan could be made available. The Planning and Zoning Commission is concerned with the neighborhood character and the potential impact this decision could have on the neighborhood. Granting of the conditional use permit prior to understanding the exact circumstances of the proposed development and the potential impact it may have on the neighborhood seems premature. Blake Loveland - His plan is to manage these apartments from his home next door to this property. Jacob Fullmer made a motion to table this request until the Planning and Zoning Commission is provided a site plan to determine the number of parking stalls, Ted Whyte seconded the motion. Stephen Zollinger - The required parking is one parking stall per student and two parking stalls for managers. The existing parking is grandfathered by prior use for students. Discussion on the parking issues and the number of stalls. Stephen Zollinger - Reviewed the location that parking would be allowed. Current parking stalls will be allowed, however additional parking stalls will require staff approval per the City Ordinance. Jacob Fullmer withdrew his motion after the discussion on Staff approving the site plan for parking. Winston Dyer - The floor was opened for additional comments from the Commission. Ted Whyte - Discussed the options available to the Commission concerning parking approvals. Winston Dyer — The Commission is concerned with the end result of this proposal. Discussion on the geographic constraints that will be placed on the number of parking stalls allowed. Parking can only be placed on one side or the other of the back lot. There may be up to 18 stalls allowed by Ordinance. ( Winston Dyer - Clarification of the Conditional Use Permit conditions that can be allowed. Stephen Zollinger - Reviewed the HDR and MDR property in the area. Doug Smith made a motion to grant a Conditional Use Permit with the following conditions: 1) Parking must meet City Ordinances 2) Maintain the existing fence as a buffer and conference with the neighbors concerning additional buffering if needed 3) Comply with all other City Ordinances that apply to the Permit Discussion on the consultations needed with the neighbors to the North. The current buffer is a fence. Steve Hastings seconded the motion, all voted aye, none opposed. The motion carried. 7:10 pm Request for Zone Change from (MDR) to (HDR) - West part of Lot 547 S. 1500 W. - Randy Webb Kurt Hibbert - Reviewed the request on the overhead screen and indicated that the front part of the development will remain MDR. This request is for HDR zoning on the back part of the lot. Randy Webb - 2526 Mesa, Idaho Falls, Idaho - Reviewed the request on the overhead screen. They are planning to add 3 more 4-plexes. They are planning additional fencing to buffer the Larsen property. Discussed the proposal and the occupancy - They are planning to have MDR at the side of the Larsen's home and HDR at the back of his home. They plan to add three triplexes with HDR and buffer with landscaping. Mary Haley — Reviewed the recent history of this property, The property was recently changed to MDR. Those in favor of the proposal: None given Those neither for or against: None given Those against the proposal: Spencer Larsen - 549 South 1500 West - Spencer felt that the zoning changes should have a year between zone change requests. Spencer reviewed other buffered properties in the City. He requested that this property remain MDR to help buffer his property. Traffic will increase substantially with this new development. He is opposed to changing the property to HDR. Ferron Sonderegger — 1627 West 190 South - He is located a half mile north of Spencer in the new Impact Area. He has the same concerns that Spencer has with this development. He discussed other resident's concerns with HDR zoning in only one area of the City. He would prefer spreading out the growth. Ferron discussed the plans the University has for additional housing. He would recommend a slower growth rate for HDR zoning. Russ Van Allen — 932 South 1560 West - Reviewed his location on the overhead screen. He is opposed to allowing HDR next to the Larsens. Paula Sonderegger - 1627 West 190 South - She is concerned with the additional traffic that will impact the area. She is concerned for the safety of the users of the bike path that runs down 1500 West (Pioneer Road). 0