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HomeMy WebLinkAboutFINDINGS OF FACT - Tom Williams - 246 W 2nd N - CUP for basement apartmentFINDINGS OF FACT FOR CONDITIONAL USE PERMIT On March 28, 2002, Tom Williams presented to the Rexburg City Clerk a Request and Application for Conditional Use Permit for the purpose of allowing an apartment in the basement of said home on property located at 246 W. 2nd North in the City of Rexburg, Idaho. 2. On April 10, 2002, Tom Williams appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit for the purpose of allowing an apartment in the basement of said home on property located at 246 W. 2"d North. It was recommended that this request should go to public hearing. On April 17, 2002, the City Clerk sent the Notice of Public Hearing fors g before the Planning & Zoning Commission on May 8, 2002, for publication in the local newspaper on April 19 and May 1, 2002, posted a notice on the property and sent notices to all property owners within 300 feet of the above mentioned property. 4. On May 8, 2002, Tom Williams appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit for the purpose of allowing an apartment in the basement of said home on property located at 246 W. 2"d N. There was no written comment or public input. A motion was made that they approve the Conditional Use Permit for said property providing it meet all city requirements including ingress and egress. Motion was voted on and passed. Stephen'Zollinger, City Atto ey REXBURG PLANNING & ZONING April 10, 2002 7:00 p.m. Chairman: Winston Dyer, excused Members: Robert Schwartz, acting chairman Ted Whyte LaDawn Bratsman Bobbette Carlson Glenn Walker Jacob Fullmer Mike Ricks Doug Smith P.F. C. John Millar City Attorney: Stephen Zollinger Minutes: Janet Williamson Jacob moved to approve the minutes of March 27, 2002. Glenn seconded the motion. All voted aye. Noncontroversial Items: Ted met with Ammon City planners. They are encouraging no curb and gutter in rural areas and finding it quite favorable. He will continue getting more information. The mayor would like to know if the planning and zoning commission could meet on Thursday nights instead of Wednesdays. Thursdays would be a conflict for Doug. Contact those not here and see if they have a conflict. Public Hearing for Annexation and Zone Change to MDR - 500 S. 1500 W. - De Jones Chair opened the public hearing. Glenn declared a conflict of interest and stepped away from the table. John Millar explained the location of the property. The request is for a change from RR to MDR. The City is in the process of extending sewer and water lines to this area. De Jones -Developer He feels it is a good location for family units and possibly HDR. John pointed out that they cannot go to HDR. Rod Jones - Realtor When they were looking at this property, with the storage units, canal, and freeway by it, it is not attractive for residential but is nice for multi family. No more comments. Hearing closed. Commission Discussion: Spencer Larsen's home was pointed out on the map. Bobbette read from the Zoning Ordinance what was allowed in MDR. There are 3.94 acres located in this development. There are higher and lower density located in this same area. Further south there are some 4 plexes being built. The comprehensive plan is compatible. (More discussion of area.) Mike moved that they approve this annexation and zone change with the condition that they treat it as 3 acres. Stephen said you cannot limit the zone change. You can deal with this with a site plan and development agreement. Motion died. Ted moved that they approve the annexation and zone change as written to go to public hearing before the City Council. LaDawn seconded the motion. All voted aye. None opposed. Glenn abstained. Motion carried. Public Hearing for Zone Change from HBD to HDR- 347 S. 4`" W. - Rick Wadholm Rick Wadhohn - Developer They would like this zone change on his property and if that happens the other two properties by him will go for a zone change also with the intention of providing married student housing. John explained the area. There is a vacant lot by this property. Val Christensen - 430 S. 3`" E. Everything from campus south is commercial. A lot of this area will be going HDR. Rick has considered storage sheds here which would be allowed but he feels multi family housing would be better. Craig Frisby - North of property Craig has nothing against it but would like provisions that would keep it married student. (That will be dealt with in the site plan review) (Doug Smith arrived.) No more comments. Public hearing closed. Commission Discussion: This property and afew others went multi family onthe comprehensive plan. Ted felt it lends itself to multi family. LaDawn was concerned with the nice residential homes on the north and would like to see that it is preserved. Glenn had no problem with it. Bobbette moved that they approve the zone change from HBD to HDR and send it to public hearing before the City Council. Glenn seconded the motion. No further discussion. All voted aye. None opposed. Motion carried. Public Hearing for Zone Change from LDR and MDR to HDR - Greg Luce North Main between 4' and 5"' West John Millar explained the area. It is in 3 parcels. It does not include the Barney property. Greg Luce - Developer Greg handed out a proposed site plan and said they are consistent with the comprehensive plan. They are proposing 68 units on 3.8 acres. Del J Barney - 410 West Main He is in favor of this and hopes they will be protected by buffering. He does live in this area. Cindy Wakefield - 5°i West She lives across from this property and asked that they do not go high density. She feels it would be unbalanced and would not like to overload one area with low income housing. She has nothing against that kind of housing but would like it spread out around the community. Karen Brian - borders property She agrees with Cindy and feels it would be overloading one area with high density. She is opposed to it. Craig Hanni- 451 W. 1` N Craig handed out pictures of the view from his home of this area. If this goes high density will they be assured that there won't be cars, trucks, etc. stored there. It needs to be developed but there are a lot of things in there that can't be seen on the aerial picture. Apartment there would be high and . look into his home. He is opposed to it. Christine Beesley - 66 N 5' W She is concerned about HDR. Will it reduce her property value? She has a narrow back yard and can't buffer it. This area was considered for the new library and turned down because of the traffic and apartment traffic will be worse. She teaches at the elementary school in that neighborhood. They already have a lot of low income housing in this area and it does effect the schools. She is opposed to it and hopes they will take into consideration the feelings of the neighbors. Larry Widdison - 447 W. 1" N. He is opposed to the number of people being put there. Wilma Parkinson - 75 N 5' W She would like it put on the record that she is opposed to this. She represents another neighbor, Lois Virgin who is also opposed to it. Jack Covington - 464 W. 1" N. His house is right in a direct line of the small roadway and would like to know if people are going to be allowed to drive in and out on it. If they are their lights will shine right in his bedroom. Stephen said the tendering of that site plan is probably inappropriate because the question is zoning change not site plan approval. Rebuttal: Greg Luce said the good part and the bad part about the site for multi family residential is it is close to being in town. It is presently zoned for offices. He is not proposing low income housing. The rent for the 3 bedroom units will be $540, for 2 bedroom units will be $460 and the I bedroom units will be just under $400. His other developments are nice, the neighbors are happy with what he does and property values have gone up. He is proposing 20 units per acre -a little more then half of what is allowed in HDR. No more comments. Public hearing closed. Commission Discussion: Doug felt that piece of property has set idle for years with no development or care. He understands the concerns of the neighbors but in the long run it will enhance the other properties. Ted felt Mr. Luce's track record is good. Bobbette agreed with Doug. This fills the need for married student housing. Mike felt this would be a good thing to change to HDR. This ground has set idle for years. Jacob could see the concern with high density but as proposed he was less concerned. Glenn was only looking at the zone change and feels it is warranted at that location. LaDawn knows the neighborhood and she is against the zone change. Robert was torn - the property has been lying idle and needs to be developed but he also sees the concern of the neighbors and the character of the neighborhood and wonders if MDR isn't sufficient. Doug moved that they approve the zone change from LDR and MDR to HDR as indicated on the application and that it go to public hearing before the City Council. Mike seconded the motion. Discussion: Bobbette was concerned that if this goes to HDR there is nothing to prevent this from going to more then what Mr. Luce is showing. Voting as follows: Voting Aye: Ted Voting Nay: Robert Glenn LaDawn Jacob Bobbette Mike Doug Motion carried. Public Hearing for Annexation and Zone Change to MDR - Ted Whyte 480 S. 1500 W. Ted Whyte declared a conflict of interest and stepped away from the table. John Millar pointed out the area involved on the aerial map. It is approximately 5 acres and they are seeking MDR. Ted Whyte - 610 Taurus - Realtor At the time of application there was a pending sell of this lot. They are still pursuing that and would like it to be annexed and be zoned MDR. It is presently RR. No comments. Public hearing closed. Commission Discussion: Glen felt it was similar to the De Jones property and sees it as a good use of the property next to the freeway. All agreed. A motion was made by Glenn that they accept this application as written for annexation and a zone change to MDR and send this to public hearing before the City Council. All voted aye. None opposed. Ted abstained. Motion carried. Public Hearing for Annexation and Zone Change to MDR & HDR - Mark Andrews 528 S. 1500 W. After showing area on the overhead, John explained that south of it is MDR north is proposed to be zoned HDR east is zoned HDR. It is currently zoned RR. Mark Andrews - Idaho Falls, Developer Mark feels this is the highest and best use of this property. They wanted something that would look nice from the freeway. HDR would work well by the storage units. On the south MDR would be more spread out and blend well with the community and would be a good transition on the south by the LDRI neighborhood. They need HDR but will have only 19 units per acre. Area #3 has a lot of property line disputes. Developing it as a project would be easier to resolve some of those issues rather then breaking it off into individual lots. John pointed out that annexation and zoning is independent of site development. Rus VanAllen - 932 S. 1560 W. He is asking for compromise, a transition and consideration of area. He does not think it is fair to have the upper 2/3's of this property for high density. Across 1500 W. there is an area for HDR. Most of what is due east of what he is proposing for high density is residential area. Only a small section of it would be high density. They need to be consistent. Continue to be consistent with the 2 pieces of property that you have passed for MDR He is opposed to what is being proposed. Mary Ann Beck, 1442 W. 1000 S., said that Rus speaks for her also. Mark Andrews - rebuttal: He appreciates Russ's concerns. They have tried to address this the best they could. They did consider putting in one street of residential and felt it would not blend well. The proposed 4 Plex would blend better. Also, residential along the freeway would be a hard sell. No more comments. Public hearing closed. Commission Discussion: Ted felt it does need to stay MDR where it does approach some of the LDRI zoning. Bobbette had a tendency to go to MDR also and not have the high density. Mike felt the same. Jacob approved of it the way it was proposed. LaDawn appreciates the neighbors who come and express their view points. She goes with the MDR for the whole thing. Doug could see justification for HDR as well as MDR. There is some inconsistency. Glenn asked for a clarification of where the line was drawn for MDR and HDR. John explained that they could expand the lower density but could not go higher density than what was proposed. (Surrounding area explained. Discussion.) Glenn asked the developer his thought on moving the MDR to the north. Mark said they are bordering HDR all around. They are proposing 19 units not 30 and they can have more green area. Glen could see that in many cases HDR could be developed better than MDR. Mike was still nervous about granting HDR and whether or not the developer would hold to what he has proposed. John asked legal counsel if the City could do an agreement to limit the density. Stephen said if they are contiguous to the city they have the right to annexation and we cannot restrict that with additional requirements. Mike moved that they approve the application as proposed and send it to public hearing before the City Council. Glenn seconded the motion. Discussion. Jacob felt they were safe as long as they watch this development All voted aye except Bob who voted against. Motion carried. ( Bobbette had to leave for another engagement.) Final Sub Division Plat Review - 7"' S. & 4"' E. - Eaglewood Addition After explaining the area involved, John stated that this still needs to be reviewed by the departments. It is in conformance with the preliminary plat. Ted declared a conflict of interest and stepped away from the table. Ted, representing the developer, explained that the lots to the West and South (by Aspen Apartments) will be townhouses. They will continue Yale Avenue so there is consistency with the street names. Lot #11 block 3 is owned by the Neville family. There is an empty irrigation well on that property. They have given him permission to represent them and that they own that lot separate from the developer. Eventually, as those water rights are transferred off or the well is abandoned they will become part of that development and eliminate the well that is there. They are in agreement with this proposal. (Discussion.) 7'h South will have a bend in it to correct it and bring it back on the section line. As Yale Avenue comes through off of 5' South it does come through the corner of Aspen Village Apartments. They have not acquired approximately 3,000 square feet there. They are in negotiation now. Itis looking favorable. Doug moved that they approve this plat with the provision that they acquire the property at the end of Yale Avenue - the northeast corner of Aspen Village, approximately 3,000 square feet; and, that the city departments sign off on it. LaDawn seconded the motion. Discussion. Glenn feels it is a nice project. All voted aye. None opposed. Ted abstained. Motion carried. Request for a zone change from LDR to MDR to go to public hearing- 710 S. 5' W. - Kay Burton 13 Kay Burton - Afton, Wyoming - Developer They presently have a conditional use permit making it a duplex. They have 4 single girls in the upstairs. They are remodeling the basement. The reason for the request for the zone change is so they could remodel the garage and make a managers apartment so it could be BYU-ID approved. It is approximately .97 acres. The garage is attached to the house and they would have to add to it a little bit. Across the street and to the north is MDR. Glenn remembered that the neighborhood wants this to remain LDR. (Discussion.) Mike moved that they deny the request for the zone change. LaDawn seconded the motion. All voted aye except Doug who voted nay. Motion carried. Request for a Conditional Use Permit - 246 W. 2"d N. - Tom Williams John explained the home involved. They are requesting that this go to public hearing for the issuance of a CUP to go from a single family residents to a duplex in this home. The area is currently zoned LDRl which, by zoning, does require a CUP. Tom Williams - Developer Tom said there are some duplexes in the block West of his home. They have enough parking. The basement does have a separate entrance. Ted moved that they approve this and send it to public hearing. Doug seconded the motion. All voted aye. None opposed. Motion carried. Request for a zone change - 564 S. 5' W. - Stone's Town and Country John explained the property in question. Glenn moved that they send this to public hearing for the proposed zone change from MDR to HBD. LaDawn seconded the motion. All voted aye. None opposed. Motion carried. Request for to go to public hearing for Annexation and Zone Change - 715 S. 5" W. Cal Hulse This property is the SE corner of 7' S. and 5' W. John said it is approximately 1 acre. They are requesting a zone change from RR to MDR. Ted was wondering if this should wait until the Jeppesen property comes before them again. Could this be done all at one time to eliminate the neighbors from coming in multiple times? Mrs. Hulse pointed out that at one time the commission had approved the Jeppesen property for MDR and it was the Jeppesens that didn't want to develop it for MDR. Mike didn't feel the timing was right to annex this in to the City. That whole side of the road is not in the city limits. Ted disagreed. 5 " S. and 7d' W. have been expanded and services are down there and there have been multiple requests for annexation further on down. Doug felt the same as Ted. (Discussion.) Doug moved to send this to public hearing. Discussion: NE corner is MDR. All of the highway frontage is MDR to the trailer court. LaDawn had a hard time with their turning down the Burton property for MDR and then approving this. (Surrounding area discussed.) Mike wants to leave this residential. Glenn said they have been approving MDR all over town. He feels it should stay residential. Ted seconded the motion. Voting as follows: Aye: Doug Nay: Glen Ted LaDawn Jacob Mike Bob Motion failed. Request for a Conditional Use Permit - 342 E. 5" S. - Jerry Scrivner John explained that the current zoning of this propertyis LDR1 and the area requirement for a duplex is to go to public hearing for a CUP. Doug moved to send this to public hearing for a CUP. Mike seconded the motion. All voted aye. None opposed. Motion carried. Site Plan Approval - 160 E. Valley River Dr. - Rick Barton John explained that this is by the new Sonic Burger on 2°d E. They recently approved a subdivision here dividing it into 4 lots. This property is the westerly most portion. They are looking at doing a strip mall type building. Water and storm drainage explained. Departments are still reviewing this plan. Kent Hillman, contractor, said that he took this over to Chris Huskinson with the fire department and he had no problems with it. Glenn moved that they accept the site plan contingent on departmental approval. Ted seconded the motion. No discussion. All voted aye. None opposed. Motion carried. Downtown Vi$ion Committee Report No one was present from the committee. John said they went before City Council. The diagonal parking was defrayed until the next council meeting. On Friday they are meeting with Idaho Transportation. Miscellaneous: Glen made some phone calls to Utah Power and Light and Pacificorp and found out that they recently made some changes and opened up additional lighting fixtures for Wyoming and Idaho similar to what they are allowing in Salt Lake City. There are about 5 or 6 different lighting fixtures. They are "period" type fixtures. They do charge different maintenance fee to have those from what we currently have. Mike moved to adjourn. Jacob seconded the motion. All voted aye. (9:45 p.m.) REXBURG PLANNING & ZONING May 8, 2002 7:00 p.m. Chairman: Winston Dyer, Members: Robert Schwartz Ted Whyte LaDawn Bratsman DaVawn Beattie Glenn Walker Jacob Fullmer Mike Ricks P.F.C. John Millar City Attorney: Stephen Zollinger Minutes: Janet Williamson Winston opened the meeting. DaVawn moved to approve the minutes of April 24, 2002 with one .correction. Bob seconded the motion. All voted aye. None opposed. Noncontroversial Items: Chairman recognized the long and distinguished service of John Watson. Discussion of schedule and meeting times: DaVawn and Glenn would have a problem with Thursday meetings. (Previously Doug, Mike and Winston had stated that they would have a problem with Thursdays.) Tuesday night would also be a problem for most of the Commission. City Lighting Options: Paul Lennox and Jim Ferris, representing Custom Lighting Services and Pacific Corp were present to discuss decorative lighting. The specific project they would like to present is the schedule 13 lighting decorative series. Pacific Corp Alliance in Utah has been very successful and demand here in Idaho is welcoming and they would like to work out something with the City. Iii Utah they have created a Schedule 13 rate that is based on 3 types of billing: 1. The energy only component - the city creates the lighting district, what they want, Pacific Corp has some standards that they like the City to meet, but beyond that it is up to the City on what they construct and install on a flat energy rate by fixture. 2. The City would construct the lighting upfront based on the standards Pacific Corp has established. The City would own the lights and Pacific Corp would maintain them under a rate schedule and energy rate. 3. The City and Pacific Corp would enter into a rate schedule agreement based on some calculations of what it would cost, based on a term of 10 years and a fee schedule. This third option, the power owned option, tends to be the one that is not looked at as closely as the other options. This option contains a capitalization of recovery on the costs. There are several different lighting designs available. General consensus of the Commission was that they would like to see better lighting. Glen said there is a sub division planning on decorative lighting. Right now the only option is the contractor would put in the system and we would buy power from Utah Power and we would have the maintenance. We are looking for someone to present something to the City that would be reasonable and cost effective and also provide the same level of lighting. Winston suggested that they set some type of standard. Mitch Neibaur suggested coordinating this with the new Christmas lighting being done by the newspaper. Ted moved that they make a proposal to standardize the lighting system through the town and sub divisions and on City streets including decorative lighting. DaVawn seconded the motion. All voted aye. Public Hearing process was explained by Commission chairman. Public Hearing - Conditional Use Permit for Basement Apartment Tom Williams - 246 West 2"" North John described the property. He is requesting a duplex in the LDRl zone. Tom Williams, property owner - It has a double car garage in the back. They meet all the criterial of the city and are proposing an apartment in the basement. There is plenty of parking and an exterior entrance to the basement apartment. No public input or written correspondence. Closed hearing to public comment. Discussion: The lot size is about 14,000 sq. ft and it only needs 10,000. It will have to meet city codes. This is a permitted use in LDRL Glen moved that they approve the Conditional Use Permit for Tom Williams property at 246 W 2' N providing that it meet all city requirements including ingress and egress. LaDawn seconded the motion. All voted aye. None opposed. Motion carried. F�