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HomeMy WebLinkAboutFINDINGS OF FACT - Trevor Cardon - 270 W 2nd N - CUP for basement apartmentFINDINGS OF FACT FOR CONDITIONAL USE PERMIT On January 31, 2003, Trevor Cardon presented to the Rexburg City Clerk a Request and Application for a Conditional Use Permit on property located at 270 West 2"' North in the City of Rexburg, said property to be changed from a Single Family Resident to having an Apartment in the Basement. 2. On March 6, 2003, Trevor Cardon appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit of said property located at 270 West 2"' North to be changed from a Single Family Resident to having an Apartment in the Basement. It was recommended that this request should go to public hearing. On March 11, 2003, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on March 12, 2003, and March 31, 2003. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 4. On April 3, 2003, Trevor Cardon appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit from a Single Family Resident to having an Apartment in the Basement on property located 270 West 2"' North. There was no opposition expressed concerning this Conditional Use Permit. A motion was made and passed to approve this request for an apartment with the condition of the City Staff approval. Stepheh Zollinger, City Morney CITY OF REXBURG PLANNING AND ZONING MINUTES March 06, 2003 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz Ted Whyte Mike Ricks - Excused Steve McGary Doug Smith - Excused Jerry Hastings Mary Haley Jordan Dyer David Stein - Excused Joseph Laird P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay Winston Dyer — Excused Mike Ricks, Doug Smith and David Stein from the meeting. 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. a. Minutes from the February 06 & February 20, 2003 meeting Ted Whyte moved to approve the consent agenda; Jerry Hastings seconded the motion; all voted aye, none opposed. The motion carried. Noncontroversial Items Added to Aeenda Winston Dyer — Commented on the current training for City and County Government Officials. The training at the County Court House is on open meeting laws. There is another meeting Saturday on Planning and Zoning training in Idaho Falls. Jerry Hastings – Requested that the site plan have the set backs identified on the plan. Jerry Hastings moved to remit the site plan back to the developer for the adjustments needed to comply with the PRD Ordinance with the following conditions: 1) South units need to correct the building heights and setbacks 2) Agreement with the Canal Company for storm water pumped into the Canal 3) Parking structures addressed concerning the supports 4) Indicate the 7d' South and 5h West right of way set backs 5) Canal easement identified 6) Front of building offset per the Ordinance requirement to be at least one foot 7) Lighting Plan (including entrance lighting) approved by Staff 8) Approvals from the City Departments Ted Whyte seconded the motion as stipulated. Plan that show lighting at the entrances. The motion carried. Steve McGary joined the meeting. Discussion – Mary Haley would like a Lighting All voted aye, none opposed. Request for a Conditional Use Permit for an Apartment – 270 West 2"d North Trevor Cardon Trevor Cardon – 270 West 2"d North – Reviewed the request on the overhead screen. They plan to do the construction for the apartment after this Conditional Use Permit has been approved. Trevor commented on the plan to bring the home up to the required standards for life safety. Discussion on plans to remodel the home and to have added parking for the planned apartment. Trevor continued to review the site plan. Kurt Hibbert – Indicated that some of the parking on the site is currently in violation because the parking is in the set back area. Trevor Cardon - Indicated that he was willing to comply with the set back requirements. He plans to have married housing. Kurt Hibbert – Mentioned that the parking is adequate for the apartment. The building permit process will allow the City to monitor the remodeling process. — - -Mary Haleymoved to forward the request onto a public hearing fora Conditional Use Permit; Ted Whyte seconded the motion; all voted aye, none opposed. The motion carried. Legacy Townhomes Phase 1– Residential Condominiums (562, 566, 568, 570 Legacy Lane) Rees and Jenks Development, LLC This request was deferred to a later meeting by the applicant. CITY OF REXBURG PLANNING AND ZONING MINUTES April 03, 2003 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz - Excused Ted Whyte Mike Ricks Steve McGary Doug Smith Jerry Hastings Mary Haley Jordan Dyer - Excused David Stein Joseph Laird - Excused P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay Portions of the meeting were recorded. Winston Dyer — Excused Robert and Joseph from the meeting. Consent Agenda: The consent agenda 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 agenda for discussion in greater detail. Explanatory information is included in the Planning Commission's agenda packet regarding these items. a. Minutes from the March 20, 2003 meeting David Stein moved to approve the consent agenda; Doug Smith seconded the motion; all voted aye, none opposed. The motion carried. Noncontroversial Items Added to Agenda Winston Dyer — Mentioned that the City Council passed the Annexation Ordinance 887 last night. There were some incentives offered to the residents to connect before October 31, 2004. Winston commented on a letter from Lee Dexter concerning the recent annexation. Lee was not in favor of the annexation law for the State of Idaho. Jerry Hastings — Indicated that reasonable objections are needed to craft a decision. He asked if it would be possible for legal council to help construct objective analysis of a given set of parameters to construct a motion. Stephen Zollinger — Indicated that it would be appropriate to help with the wording and direction of a decision. Stephen discussed the "Moving Target Case" where expectations are changed to deny a request. The Court does not view this approach as appropriate behavior. Jerry Hastings — Recommended that the City Staff screen requests for Public Hearings. This would eliminate one Planning and Zoning meeting for the request. The process to obtain a decision is too long. Jerry recommended simplifying the process. Jerry Hastings moved to have the Staff screen Public Hearing requests before they come to Planning and Zoning in a Public Hearing; Steve McGary seconded the motion; Discussion on the need to have relevant information given to the Commission ahead of the meeting. Kurt will be responsible for the Public Hearing Schedule. Kurt's office will provide a recommendation to the Commission with the criteria for scheduling and screening agenda items. Kurt can have discretion to screen the request and provide the input to the Planning Commission. All voted aye, none opposed. The motion carried. Zoning Compliance — Kurt Hibbert reported that there are additional reports of zoning violation coming into his office. There are older apartments that do not have adequate parking. Kurt recommended creating a historical apartment zone that would not allow parking privileges. This zone would require the apartment complex to rent to individuals without automobiles. Kurt indicated that there is one case on non-compliance that is in the fact finding phase with the attorneys. Public Hearing: 7:05 p.m. Conditional Use Permit (Apartment) — 270 West 2" d North - Trevor Cardon, Trevor Cardon — 270 West 2nd North — He is proposing to add a basement apartment with an outside entrance on the east side of the apartment. They plan to start construction in about two months. He reviewed the proposal on the overhead screen. There will be two parking stalls on the east side of the property with a hard surface. Kurt Hibbert — Indicated that the Staff recommends this proposal be approved. The parking stalls will have to comply with the set backs contained in the Zoning Ordinance. Those in favor of the proposal: None given Those neutral of the proposal: None given Those against the proposal: None given 3 The Commissioners discussed the proposal with a concern on the illegal parking that is currently being done on the property. Trevor indicated that he would comply with the Zoning Ordinance concerning his parking stalls. Doug Smith moved to approve the Conditional Use Permit for an apartment with the condition that the City Staff approval the request; Ted Whyte seconded the motion; all voted aye, none opposed. The motion carried. New Business: Site Plan approval — Teton River Village — 485 North 2"d East - Cameron Gunter The request was withdrawn from the agenda. The site plan was not completed in time for this meeting. Winston Dyer - Attended the Madison County Transportation Plan meeting last night. The "Level of Service" ratings given by Traffic Engineers for intersections on 2"d East was reviewed. Winston indicated that there are three intersections on 2nd East that were given a poor rating of either a "D" or an `B" rating. The developer of the Teton River Village has been asked to provide the City a traffic study of the effect of their proposal to 2nd East. John Millar — Reviewed the new site plan that is being changed to reflect planning concerns. The Commission viewed the incomplete site plan on the table. The City Engineering Department will continue to work with the developer to solve traffic flow problems. Sherwood Ricks — Provided a letter of concern with the proposed new development. Sherwood would like to see due diligence exercised in the evaluation of this proposal. Discussion on the proposed site plan and the separation of the two proposed buildings. Wendy's access is an easement through the O'Dell's Furniture property. Plat approval for MDR Zone — Green Gables II - 350 South Pioneer Rd - Randy Webb This is a Planned Residential Development (PRD) request for a Conditional Use Permit. A Public Hearing is required for this proposal. Randy Webb — 2526 Mesa, Idaho Falls — They are planning a Planned Residential Development. Randy reviewed the proposal on the overhead screen. Each building will be financed separately. Kurt Hibbert — Reviewed the plan on the overhead screen. Staff recommends that this proposal go to a Public Hearing. The PRD development requires protective covenants. The lots do not meet the minimum lot size requirements for a subdivision. Therefore a PRD was planned to allow the buildings to be sold or financed separately.