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HomeMy WebLinkAboutFINDINGS OF FACT - Blake Willis - 264 S 3rd W - CUP for 4-plexFINDINGS OF FACT FOR CONDITIONAL USE PERMIT 1. On September 19, 2002, Blake Willis presented to the Rexburg City Clerk a Request and Application for a Conditional Use Permit on property located at 264 South 3'd West in the City of Rexburg, said property to be changed to a four plex. 2. 3. On October 3, 2002, Blake Willis appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit of said property located at 264 South 3`d West. It was recommended that this request should go to public hearing. 4. On October 8, 2002, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on October 9, 2002, and November 4, 2002. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 5. On November 7, 2002, Blake Willis appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit for a four plex on property located at 264 South 3`d West. There were some opposition from a concerned neighbor about parking requirements. The Commission reviewed special provisions regarding single-family attached dwellings. The Commission also reviewed the amount of square footage allowed for the four-plex and the home. A motion was made and passed to approve this site plan for a Conditional Use Permit with the following conditions: 1) Applicant must have a satisfactory recorded easement to the four plex 2) Approved by City Staff 3) Abide by the Nuisance Conditions on page 52 & 53 of the Zoning Ordinance Stephen Zollinger, City Attorney 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 19th and the work meeting on the 256h 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. 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. 3rd W. -Blake D. Willis Site Plan Review - 264 S. 3rd W. - Blake D. Willis Blake D. Willis - 264 S. 3rd 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 - 51h West & 7th 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 56 West. Kurt Rowland - Working with John Millar to have the road meet City requirements. DaVawn Beattie - Asked how much change is being made to 5d' West? The asphalt is only 25 feet wide at this time. The proposal is to widen the road from its current width. R=URG PLANNING & ZONING November 07, 2002 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz - Excused Ted Whyte DaVawn Beattie Mike Ricks Steve McGary Doug Smith 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 with minor corrections from October 17, 2002, Mary Haley seconded the motion, all voted aye, none opposed. The motion carried. Noncontroversial agenda items: None Public Hearings 7:05 pm Zone change request from LDR1 (Low Density Residential) with a Professional Overlay to CBD(Central Business District) - 2/3 of the 3rd Block on East Main St. Between Main and I" South which includes the Professional Plaza. Kurt Hibbert - Reviewed the proposal on the overhead screen. He identified the Professional Overlay for the Zone change request on the map. This request was initiated to bring the area into compliance with existing use. The LDR1 green space requirement precluded Dr. Craig Heiner from obtaining approval for a proposed business expansion project. The City proposed to change the Zoning to a Commercial Zone. Steve McGary - Recommended a denial of the re -zone request until a new zone can be created. Steve recommended creating a professional office zone with the input of the neighbors and property owners. DaVawn Beattie - Commented on the needs for the City. The Comprehensive Plan is being re -done to address the needs of the City of Rexburg. He recommended denying the request. David Stein — Commented that other areas of the City of Rexburg may be more appropriate for the development of professional office space. Mike Ricks moved to deny this request; Mary Haley seconded the motion, all voted aye, none opposed. The motion carried. Winston Dyer - "We would like to make it clear that this Board did not initiate this request, we simple react to requests that are laid before us by whomever it may be, and anyone and everyone has the opportunity and privilege of making a request for consideration of property rights". Secondly, Winston reminded the Board that there is an organized neighborhood association here that needs to be included in any kind of decision making that is done. Discussions need to be held with the neighborhood association in the future before any motions are made or Public Hearings are held. 7:10 pm Conditional Use Permit - 264 S. 3rd W. - Blake D. Willis (Requesting a four-plex with single bedrooms) Blake Willis - 264 South 3d West — Reviewed the proposal to build a four plex with one bedroom apartments for married couples. It is a Teton Dam flood home that they are renovating. The lot is 1/3 of an acre. The lot is just less than 14,000 square feet. Kurt Hibbert - Contacted Jeff Vail concerning the easement on his property that would be needed for this request. Jeff is still working on his own plan and he is not prepared to grant an easement at this time. Blake would have to find another access to the back of his lot if Jeff fails to grant an easement. Blake could tear his garage down and use the space for that access to the rear of his property. There are two other property owners that may be contacted for an easement if Blake can not obtain an easement from Jeff Vail. Those in favor of the proposal: Blake Willis — He is in favor of the proposal. Other properties in the area are being used for apartments. This proposal is in compliance with the open space requirements. Those neither for nor against the proposal: None given Those against the proposal: Fred Calder - 244 Steiner Ave - He is opposed to the proposal. Fred has lived on Steiner Ave for 32 years. The BYU-Idaho growth has changed the complex of our entire area. The property was zoned R2 when he purchased his property. Fred indicated that the applicant has a right to make this request. Fred discussed the Planning and Zoning Commission's task of protecting the property owners and the proposed property owners. Parking was discussed to control the density of dormitory housing. Fred called for some guidance from the Planning and Zoning Commission to control the progress of the development of student housing. He gave an example of a development in his neighborhood that houses 14 students in a dormitory style. Fred thinks that this type of housing is wrong. Progress may cause this area to expand into HDR residential zoning. Fred discussed the properties in his area that are being purchased to covert them to student housing. Fred thinks the area will become a student slum area. An example in his neighborhood of poor housing is a home that has 6 students in the basement and a couple upstairs. They have in place three parking places. There are seven vehicles on the property. There has been a complaint registered with the Planning Commission several months ago concerning this property. Fred asked the Commissioners "Where is your teeth?". "What are you people doing about making these rules you have in place in effect". "That is Pressure". "This will happen to all of the homes in that area". He wanted the Commission to exercise some control on the decisions they make for permits. Fred also mentioned a recent applicant for a Conditional Use that was required to have a fence as a buffer to the adjoining property. At this time, there is no fence. Fred had the opinion that the City Council needs to give the Planning Commission more authority to control Planning issues. Rebuttal Testimony: Blake Willis - Agreed with Fred on his statements to protect the homeowners. He intends to follow the Zoning requirements. Public Hearing was closed Mike Ricks - He is opposed to approving this request due to the lack of a written easement. David Stein — Asked if the Commission could approve this without the proper easements. Discussion on previous requests for apartments in this neighborhood. Kurt Hibbert - The City has begun issuing misdemeanor citations to non-compliant residents to the Zoning Ordinance. Two were mentioned tonight that are being pursued by the City. Kurt reviewed the process to monitor and bring properties into compliance with the Zoning Ordinance. The following notification steps are being followed: 1) Send a 30 day Certified letter for non-compliance to the Zoning Ordinance before a misdemeanor notice is delivered. 2) Hand delivered a notice and inspect for non-compliance (misdemeanor offense) by the Planning and Zoning Administrator, Police Enforcement Officer and the City Attorney when appropriate. Winston Dyer — Requested that Kurt follow on the property that Fred Calder mentioned in his testimony. Kurt Hibbert — There are two properties that the City of Rexburg is reviewing for compliance. Jerry Hastings - Reviewed the 4,500 square foot base requirement for the first unit on page 20 of the Zoning Ordinance - The minimum lot size is 10,500 sq feet in an MDR zone for a four plex. This proposal is 8,856 sq feet. The applicant commented that he has over 13,000 square feet of lot. Jerry questioned the use of the entire lot for this calculation. Continued discussion on the site plan and the square feet available for the four plex. Jerry Hastings - Indicated that the lot does not have enough square feet for the four plex and the home. Page 39 - Item 7 was discussed. 7. No more than four (4) single-family attached dwellings may be attached together. (For example, if four attached units were in an LDR-1 Zone, the minimum lot area would be 32,000 square feet. If four (4) attached dwellings were in a MDR Zone 18,000 square feet would be required as a minimum lot area.) Mike Ricks - The top of page 39 talks of dedicated street access. 2. All lots upon which single-family attached dwellings are located shall have vehicular access to and frontage upon a dedicated street. Winston Dyer - Page 31 Chapter 4 - Single family attached 4.12 (A special provisions for single family dwellings) 4.12 Special Provisions Regarding Single -Family Attached Dwellings A. Special Provisions Regarding Single -Family Attached Dwellings. 1. All residential zones shall permit (by conditional use permits) single-family attached dwellings if the following conditions are met: (a) fust a conditional use permit must be obtained from the Planning and Zoning commission; and (b) If there shall be any lots with a zero lot line between single family attached dwellings, then a subdivision plat must also be submitted to the City for its approval. 9 2. All lots upon which single-family attached dwellings are located shall have vehicular access to and frontage upon a dedicated street. 3. No single-family attached dwelling shall be located above or below another dwelling unit, either in whole or in part. 4. Each single-family attached dwelling shall have at least one direct pedestrian access from the interior of the dwelling to the exterior buildings of the lot and no pedestrian access may be held in common with another single-family dwelling unit. 5. Except as noted below, a single-family attached dwelling shall have no facilities or property in common with another single-family attached dwelling and all dwellings shall be structurally and functionally independent from each other. 6. All single-family attached dwellings shall have separate electrical service, water service lines, gas lines and sanitary service lines. 7. No more than four (4) single-family attached dwellings may be attached together. (For example, if four attached units were in an LDR-1 Zone, the minimum lot area would be 32,000 square feet. If four (4) attached dwellings were in a NMR Zone 18,000 square feet would be required as a minimum lot area.) Kurt Hibbert -This section is for single family attached dwellings. Item 3 on page 39. 3. No single-family attached dwelling shall be located above or below another dwelling unit, either in whole or in part. This item precludes the discussion of whether this section applies to a four plex. A four plex is for multi -family housing not single housing as discussed in the section on page 39. Continued discussion on whether to include the house and the four plex as one unit when calculating the minimum lot area requirements. Page 20 (Chart on square feet) was reviewed. The side yard can have a driveway.. DISTRICT USES STANDARDS FOR USES BY RIGHT Minimum Minimum Minimum Minimum Maximum Maximum Minimum Lot Front Rear Side Lot Building By Right Conditional Lot Area Width Yard Yard Yazd Coverage He e MDR Same as LDRI Same as LDR] 4,500 60 ft. 25 ft. 20 ft. 4" for 70% 30 ft. plus sq.ft. every V Plus of building Two, three, and Five and 1,500 sq. height: four family six family ft. for 6 minimum dwellings dwellings each additional Limited home Boarding house dwelling occupations unit 10 Ted Whyte - Read from the Zoning Book - Page 53 paragraph 3 (3) Be designed and constructed in a manner to be harmonious with the existing character of the neighborhood and the zone in which the property is located. David Stein — Commented on the MDR Zoning definition on page 16. 3.6 Medium Density Residential (MDR) The Medium Density Residential is established to protect stable neighborhoods of detached single family dwellings on smaller lots and multi -family housing not to exceed four dwelling units per development as a use by right. Restoration or rehabilitation of older homes in this district shall be encouraged. Conditional uses shall be compatible with an atmosphere of low building heights, low traffic volumes, ample off-street parking, and low nuisance potentials at a higher density than LDR zones. The maximum density permitted in this district is sixteen (16) dwelling units per gross acre. This definition does not indicate the purpose of MDR zoning is to establish four plexes in back yards. Steve McGary - This neighborhood is being developed into multi -family housing. Jerry Hastings - Discussed the problem of multifamily housing behind a residence on the street. Jerry read the minutes from October 03, 2002 concerning Jeff Vail's comments on the easement for this request. Discussion on previous requests that were approved by the Commission. Steve McGary - Discussion on the square feet required for two developments on the same site. 4500 square feet for the first unit and 1500 square feet for additional units. Winston Dyer - Discussed the three options available to the commission. The Commission can deny the request, table the request or approve the request. Jerry Hastings - Reviewed the setback needed for a four plex to stand on its own. Mary Haley - Reviewed the needed requirements for approval. Kurt Hibbert - Discussion on the Comprehensive Plan and the zoning for this neighborhood. The Comprehensive Plan called for single family housing in this area. Discussion on page 52 for the Comprehensive Plan. 11 Winston Dyer — Reviewed the requirements on an MDR lot for front and back yard set back for the first home on the street. This request will be able to look at the gross lot area for the square foot calculations per Stephen Zollinger. Stephen Zollinger - There are no setbacks stipulated between the two dwellings on the same lot. This request is for a 5 unit development on this lot. In this case, a request for a four plex would not need a Conditional Use Permit. Example: ( Three plex plus the original home) Ted Whyte - Item 2 was read 2. All lots upon which single-family attached dwellings are located shall have vehicular access to and frontage upon a dedicated street. Stephen Zollinger - Indicated that it does not apply if a specific Zone is in place. Winston Dyer - Zoning for a site takes precedents over the Comprehensive Plan. DaVawn Beattie - Reviewed the easement requirements on this request. DaVawn Beattie inquired if this request should be tabled until the easement is obtained. Winston Dyer - Enforcement of the Zoning Ordinance has been problematic. Stephen Zollinger - Enforcement is no longer problematic. The City of Rexburg is pursuing violators of the Zoning Ordinance. Steve McGary - Suggested granting the Conditional Use Permit with a condition requiring an easement. Discussion on the options for the Commission. DaVawn Beattie moved to approve this site plan for a Conditional Use Permit with the following conditions: 1) Applicant must have a satisfactory recorded easement to the four plex. 2) Approved by City Staff 3) Abide by the Nuisance Conditions page 52 & 53 of the Zoning Ordinance B. Standards Applicable to Conditional Use Permits. The approving body shall review the particular facts and circumstances of each proposed conditional use and shall fmd adequate evidence to show that the proposed use will: (1) Constitute a conditional use as established in Table 1, Zoning Districts, and Table 2, Land Use Schedule. (2) Be in accordance with a specific or general objective of the City's Comprehensive Plan and the regulations of this Ordinance. (3) Be designed and constructed in a manner to be harmonious with the existing 12 character of the neighborhood and the zone in which the property is located. (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. (5) Be adequately served by essential public facilities and services such as access streets, police and fire protection, drainage structures, refuse disposal, water and sewer service, and schools. If existing facilities are not adequate, the developer shall show that such facilities shall be upgraded sufficiently to serve the proposed use. (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. (7) Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. (8) Be compatible with the slope of the site and the capacity of the soils and will not be in an area of natural hazards unless suitably designed to protect lives and property. (9) Not result in the destruction, loss or damage of a historic feature of significance to the community of Rexburg. C. Supplementary Conditions and Safeguards. In granting a conditional use permit, the approving body may prescribe appropriate conditions and safeguards. Such conditions to be attached to the permit may include but not be limited to: (1) Minimizing adverse impact on other developments. (2) Controlling the sequence and timing of development. (3) Controlling the duration of development. (4) Assuring the development is properly maintained. (5) Designating the exact location and nature of development. (6) Requiring the provision for on-site or off-site public facilities of services; (7) Requiring more restrictive standards than those generally required in this Ordinance. Steve McGary seconded the motion, the voting was as follows: Those Voting Nay Those Voting Ave Winston Dyer Steve McGary Jerry Hastings David Stein Ted Whyte Mike Ricks Mary Haley DaVawn Beattie Doug Smith Jordan Dyer The motion carried. 13 Discussion on Medium Density Residential Zoning. Many of the Commissioners recommended changing the Zoning Ordinance. Kurt Hibbert was asked to make note to have this portion of the Zoning Ordinance revised in the next revision. Winston Dyer - The Commission has been charge with managing growth while preserving residential neighborhoods. Winston excused Robert Schwartz and Shawn Larsen from the meeting. New Business: Site Plan Review - South Hampton Apartments - Corner of 6'h South and Yd West - Scott Spaulding Scott Spaulding - Reviewed the site plan for South Hampton Apartments on the overhead screen. 6 -eight plexs and 4 -four plex (64 dwelling units for married housing). The required parking is 128 parking stalls. There will be less than 40% of the stalls for compact cars. Site drainage was reviewed. New sewer and water connections will be installed on 5d' South. There will be new roadway installed on the development. Ted Whyte — Reviewed the storm water containment area. There will be two fire hydrants to serve the development. The development will tie into the City Storm drain. Street alignment and connection of the streets to existing City of Rexburg streets was discussed. The development needs to tie into 6d' South. Mary Haley — Reviewed the green space for the development. Scott reviewed the green space area on the Site Plan. Winston Dyer - Commented on the parking stalls that are located in the 22 foot Driveway. Mary Haley - Reviewed the area planned for snow storage. She asked where the playground area would be for the children in the development. Discussion on the parking stalls for the site plan. Mike Ricks - Reviewed the compact parking stalls for the development. Mike is concerned with the practicality of the Zoning Ordinance allowing a 22 foot driveways. Kurt Hibbert - Reviewed the City Staff concerns with the site plan. The Staff has not completed their review of this site plan. The fire hydrant will be accessible year around. Staff is concerned with the fire hydrant being covered with snow. Winston Dyer - Reviewed the access to the fire hydrants for the Fire Department. Ted Whyte - There are 6 stalls that need to be relocated for the entrance to work. Winston Dyer — Reviewed location of a five foot sidewalk in front of the building. 14