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Home My WebLink AboutFINDINGS OF FACT - Richard Taylor - 174 College Ave - CUP for dormitory in MDR1FINDINGS OF FACT FOR CONDITIONAL USE PERMIT On December 23, 2002, Richard Taylor presented to the Rexburg City Clerk a Request and Application for a Zone Change on property located at 174 College Avenue in the City of Rexburg, said property to be permitted for dormitory style housing to come into compliance with zoning for existing housing. 2. On January 9, 2003, Richard Taylor appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit of said property located at 174 College Avenue for dormitory style housing to come into compliance with zoning for existing housing. It was recommended that this request should go to public hearing. 3. On January 14, 2003, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on January 15, 2003, and February 3, 2003. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 4. On February 6, 2003, Richard Taylor appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit for dormitory style housing to come into compliance with zoning for existing housing on property located at 174 College Avenue. A motion was made and passed to approve the dormitory style housing for this proposal under MDR Zoning with conditions stated on paragraph 6.13 of the Zoning Ordiance 725. Stepherl Zollinger, City Attorney — REXBURG PLANNING & ZONING January 09, 2003 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz Ted Whyte DaVawn Beattie - Excused 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 ConsentCalendar. The consent calendarincludesitemswhichrequire 'rmal Planning Commission action, however they are typically routine or not ofgreat controversy. Individual Commission memhers may ask that anyspecific item he removed from the consent calendar for discussion in greater detail. Explanatory information is included in the Planning Commission's agenda packet regarding these items. i. Minutes from the December 05, and December 19, 2002 meetings ii. t 174 College Avenue - Request for a Conditional Use Permit for dormitory style "housing Zoning Compliance request for existing housing - Richard Taylor iii. 228 East 2"d South - Request for a Conditional Use Permit for a duplex - Lee Ward iv. Spring Creek - Division #1 Preliminary Plat 5" South to 6' South on 3'd West (Name change required per Kurt Hibbert) Ted Whyte moved to approve the Consent Calendar as amended to contain 174 College Ave., 228 East 2"d South and the Preliminary Plat for Spring Creek; David Stein seconded the motion; Discussion: all voted aye, none opposed. The motion carried. Site Plan Approval Glen -B. -Reed Apartments— 2 Bldgs 450 -South 4th West (Deferred by applicant) CITY OF REXBURG PLANNING AND ZONING MINUTES February 06, 2003 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz Ted Whyte DaVawn Beattie - Excused Mike Ricks Steve McGary - Excused Doug Smith - Excused Jerry Hastings Mary Haley - Excused Jordan Dyer David Stein P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger - Excused City Clerk Blair D. Kay Consent Agenda: The consent calendar includes items which require formal Planning Commission action, however they are typically routine or not of great controversy. Individual Commission members may ask that any specific item be removed from the consent calendar for discussion in greater detail. Explanatory information is included in the Planning Commission's agenda packet regarding these items. i. Minutes from the January 09, and 16, 2003 meeting Mike Ricks moved to approve the minutes from on the Consent Agenda with minor changes suggested by Winston Dyer; Jordan Dyer seconded the motion; all voted aye, none opposed. The motion carried. Noncontroversial Items Added to Agenda: Winston Dyer noted that there are two items on the table. One is a Comprehensive Plan change request in the area of first North and First South on Main Street. The other one is a request for a Conditional Use Permit for a daycare facility that needed further clarification on some parking issues. Kurt Hibbert explained the new the site plan that was resubmitted showing parking for four stalls. The daycare request may be brought off the table later in the meeting. Those in favor of the proposal: None given Those neutral to the proposal: None given Those against the proposal: None given Public testimony was closed. There was no written input on the proposal. The Commissioners reviewed the proposal with the parking in the rear of the building. The alley drive is gravel instead of hard surface. Kurt Hibbert — Indicated that the hard surface would be grandfathered because it was used in that condition before the Zoning Ordinance was adopted. Robert Schwartz moved to approve the Conditional Use Permit subject to the condition of the Zoning Ordinance paragraph 6.13 that indicates the conditions for a Conditional Use Permit, plus require the parking to remain in the rear of the building, plus only allows two apartments by vacating the third story apartment; Jerry Hastings seconded the motion; all voted aye, none opposed. The motion carried. Winston asked the applicant to review the conditions with Kurt Hibbert for compliance. 7:15 p.m. Conditional Use Permit —174 College Ave — Single Student Apt — Richard Taylor Richard Taylor —152 College Ave — Purchased the home and converted it into rental units. There is road base temporarily installed for parking. Asphalt will be installed for 14-16 parking stalls in the rear area of the property when the weather permits. There is an apartment building behind this property. They have complied with the life safety issues. Bushes in the rear were retained for a soft area. The access to the rear of the lot is on the side of the home. The access to the rear of the home is 22 feet wide. There is adequate parking for the rentals. They plan to have single individuals in the units; Richard indicated that they plan to have 10 to 12 individuals with a possibility of up to 16 individuals in the rental units. Kurt Hibbert — Indicated that there was adequate parking for the units. There is space available to expand the parking for up to 16 parking stalls. Those in favor of the proposal: None given Those neutral to the proposal: None given Those against the proposal: None given Public testimony was closed There was no written input on the proposal. Discussion on the need to have a Conditional Use Permit in MDR Zoning. Kurt indicated that a CUP is required in MDR Zoning for dormitory style housing. There are 2.5 baths in the home and two kitchen areas in the home. Jerry Hastings moved t "ormitory style housing for this proposal under MDR Zoning with conditions stated on paragraph 6.13 of the Zoning Ordinance 725. Mike Ricks seconded the motion; all voted aye, none opposed. k i giu Winston asked the applicant to review the conditions with Kurt Hibbert for compliance. 7:20 p.m. Rezone from Light Industrial (LI) to Highway Business District (HBD) 485 North 2°d East - Teton River Village, L.C. — Cameron Gunter Cameron Gunter —1082 East 1200 South, Springville, Utah 84663 — Reviewed the proposal for the re -zone request. They are proposing the zone change to go forward with a Commercial Zone to develop the property with some new commercial businesses near the highway. Cameron reviewed the intent of the developer to develop the rear of the property at a later date. This request is for the purpose of developing a Commercial Zone on the entire property. Kurt Hibbert — Reviewed the two current zones that are applied to the property. There is Light Industrial Zoning on the rear of the property and Highway Business District on the front of the property. Winston Dyer — Reviewed the concept of having others in the area participate in the development of the whole area West of 2"d East just North of the Teton River. Cameron indicated that the conceptual site plan was presented showing the developers vision for the area. They are in negotiations with the LDS Church to develop some of the property; however, not all property owners are involved with these discussions at this time. Winston indicated that it would be preferable to have all the property owners involved with this discussion; however, he understood that this proposal was independent of neighboring properties. Cameron Gunter — Inquired of the Commission about the City Codes that regulate re -zoning of property. Winston mentioned that the Commission is trying to understand the proposal completely before making a decision. Jerry Hasting - Reviewed the property boundaries and the documents needed to straighten up the south boundary to the property. The green belt will be just south of the property line. Cameron presented a picture of the planned property line on the south boundary with the proposed green belt. Kurt Hibbert — Commented on the history of the area where the Teton River frontage is adjacent to this proposal. The City is working on a green belt bike/walking path next to the Teton River just south of this property. Kurt reviewed the proposed site of the bike path on the overhead screen. He indicated that the Staff has reviewed the proposal, a concern of loosing Light Industrial Zones within the City. He recommended creating Light Industrial Zones in other areas of the City to maintain adequate Industrial development. Those in favor of the proposal: None given