HomeMy WebLinkAbout5.14.20 P&Z Minutes_exppdf1
City Staff and Others:
Scott Johnson – Economic Development
Stephen Zollinger – City Attorney
Natalie Powell – Compliance Officer
Tawnya Grover – P&Z Administrative Assistant
Chairman Rory Kunz opened the meeting at 6:30 p.m.
Roll Call of Planning and Zoning Commissioners:
Present: Chairman Rory Kunz, Melanie Davenport, Greg Blacker, Steve Oakey, Vince Haley,
Kristi Anderson, David Pulsipher, Todd Marx.
Absent: Bruce Sutherland, John Bowen, Keith Esplin.
Minutes:
From Planning and Zoning meeting – May 7, 2020
p.2 She felt the change was being made for one particular sign. She was worried about infringing
on existing signs in general. (These comments have already been addressed in the current draft of the
minutes.)
Paragraph 5 captures this comment in the following sentences: She felt the change was
being made for one particular sign…. Melanie Davenport focused on the financial burden that may
affect the existing businesses.
Interaction with Mr. McDougal and Melanie Davenport needs to be included in the minutes
because the discussion influenced her vote. (Discussion was already included in the minutes. Each
speaker has been bolded for identification.)
p. 4 paragraph 3 “Melanie Davenport asked if the Applicant contacted any of the adjacent
properties. Why or why not? Ray McDougal has not talked to any neighbors. Jeff Lerwill to the east of
the request could have been interested in being part of the request. Sephlin Hepworth talked about
contacting Jeff via email and he was not in attendance. Jeff Lerwill sold the property to the Hepworths and
identified the parcel should be able to be rezoned to Mixed Use.”
MOTION. Motion to approve the minutes for May 7, 2020, with the identified amendments.,
Action: Approve, Moved by Kristi Anderson, Seconded by Todd Marx.
Commission Discusses the Motion: None
VOTE. Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Chairman Rory Kunz, David Pulsipher, Greg Blacker, Kristi Anderson, Melanie Davenport,
Steve Oakey, Todd Marx, Vince Haley.
Chairman Rory Kunz reviewed the public hearing procedures.
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020
Fax: 208.359.3022
www.rexburg.org
Planning & Zoning Minutes
May 14, 2020
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Public Hearings:
1. 6:35 p.m. – (20-00189) 266 W 3rd S - Conditional Use Permit (CUP) for Dormitory in High-
Density Residential 2 (HDR2). (action)
Chairman Rory Kunz opened the public hearing at
6:36p.m.
Applicant presentation: Johnny Watson – 1152 Bond
Avenue – He is going to tell the Commission more than he
feels they will want to know about the Development Code
Ordinance. Johnny has been nervous about presenting at
Planning & Zoning tonight. He feels additional pressure,
due to how long he has been working on this project. A
year and a half ago a group from Texas came in with a large
project including about half the block. The current
application is a partnership with three local groups: the Lofgrens own the property, Bart Stevens
and his son, Kyle, and the Crapos. They inquired from Johnny how to start the process to build
apartments. He told them they needed to get on an agenda to talk to the University about their
needs. The University has a department that dictates when you can and cannot bring dormitory
facilities online. Bart was shocked by the amount of work that is needed for the approval process
with the University.
The Applicants liked Windsor Manor and North Pointe. The group asked if they could do
something like these developments. Johnny answered, yes and no. Citizens do not know about the
Pedestrian Emphasis District (PED) imaginary line that follow S 2nd W, which parallels the
University, North to South that changes what you can and cannot do. As an average citizen, you
do not know the projects and what each zone they are in: ProZone, Mixed Use, HDR1, and
HDR2. All you know is if you feel comfortable or uncomfortable as a pedestrian or in your
vehicle. Landscaping and elements of architecture that are human scale provide a comfortable
feeling. The building orientation next to the street prevent you from seeing some of the building
stories taller than the 2nd level until you are blocks away. The elements from the ceiling height
down are the elements that help you feel comfortable.
The group talked to Troy at the University who asked, how many beds do you think you can put on
that site? The Applicant researched the number of units that would be allowed on the parcel per
the zone as described in the Development Code. The zone is High Density Residential 2 (HDR2),
which the Applicant perceived is the most dense zone, however, this is not the case. He told them
most of the facilities you see have been done in the Mixed Use zone without a commercial
component. The development of these zones are a process and the Code has been evolving. He
firmly believes this is a community, we are a team, and we work together. He shoulders just as
much responsibility, due to all the projects Johnny has brought before the Commission, as Staff
does. The fact is we have not gotten our Ordinance to where it needs to be. If we want our higher
density closer to the University in a pedestrian friendly atmosphere, the HDR2 should be the one
that does it. When it comes down to how the Development Code is enforced, the verbiage does
not exist to allow us to achieve this project through HDR2. The purpose of Mixed Use talks about
the higher densities existing in a Mixed Use zone. He sat down with City Staff, Craig Rindlisbacher
and Val Christensen, knowing this project was coming up and talked to them about zoning to
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HDR2, because there was no commercial component. Part of the project in the Comprehensive
Plan was already in Mixed Use. A pedestrian friendly project can only be achieved in Mixed Use.
The Cove was zoned MU to build it with the pedestrian-friendly elements. City Councilwoman,
Sally Smith, told Johnny to stop bringing her projects for the Mixed Use zone without commercial
included. When the current project came in, they were actually encouraged to rezone to HDR2
instead. Johnny knew he was going to run into the same problems. When he did Brigham’s Mill, it
is actually HDR1. Many of the pedestrian friendly elements are going in to the form-based code
currently in development for the downtown district: proximity of buildings to the street, types of
materials, change of materials, and the elements that create human scale that make us feel good as a
pedestrian. He talked it through with Staff and they were able to create this building in HDR1.
The requirements of increased setbacks and lot coverage Lot coverage in HDR is less than the 90%
lot coverage in Mixed Use. He sat down with Val, Craig and Scott and told them of this project
that was coming. He told them the owners want to achieve something similar to Windsor Manor,
Abri, Brigham’s Mill, or the Landing. Johnny and Staff agreed to rewrite the HDR2 zone
Ordinance to achieve the goals in the Comprehensive Plan and Johnny requested this take place.
Craig left, Val retired and only Scott was left. Johnny did not keep pestering Scott, and he knows
how busy Scott is. He told Scott, since Planning & Zoning was his department for a time; Johnny
needed a vehicle to get this project done in the HDR2 zone. Johnny did not keep reminding Scott.
Then, Alan came and he was new. Johnny sat down with Tawnya and Alan in January 2020 and
shared with them his need for the HDR2 zone rewrite. No vehicle has yet been created in the
Ordinance that helps Johnny to create the residential project for dormitory housing. This is why
Johnny is pursuing a Conditional Use Permit (CUP) tonight. We have a lot of work to do for our
Ordinance. When you read HDR2, it is geared more toward multi-family, high-density residential.
It is difficult to create an Ordinance that covers every possibility that can happen in our town.
From the Owner’s standpoint, they are a block and a half from the University. The location
provides a great pedestrian access. It has been an uphill battle since then. The PED boundary
means more parking is required at this location. The location of the property in the
Infill/Redevelopment area has allowed them to achieve most of their goals. The overall lot
coverage is the only goal they have not been able to achieve. As the project is drawn, there is 89%
lot coverage. 80% lot coverage is what is permitted in the HDR2 zone. He has yet to do a housing
project that comes anywhere near 80% lot coverage. Lot coverage has not been a review comment.
North Point is probably 95% lot coverage; it might even be higher than this percentage. The goal
for lot coverage is to increase the landscaping. He believes the green space should be for the
benefit of the pedestrians and the community, for public enjoyment. North Pointe was shown as
an example. The only green North Pointe has to come close to complying with the Ordinance, re
is the grass for an interior court area, which does not benefit the citizens of the community. The
Ivy is maybe 2% green space. On the site plan, the one advantage to this owner’s property is the
parcel line; curb and gutter are a long way from parcel line to back of curb; 30’ from property line
to back of curb. Already the perceived green space is increased from a pedestrian’s perspective.
Mixed Use projects are allowed 0’ front yard and with the Infill/Redevelopment Area, the closest
they could get is 5’. Typically, there is only a 7’ boulevard strip. Johnny’s site plan shows 8-9’ of
blvd. strip with landscape trees 20’ on center, plus additional depth with the front yard and the lot
line so far back. Johnny showed the pedestrian experience on the sidewalk. I am 15’ – 20’ from a
4-story structure. The scale of the brick, textures, colors, benches, light fixtures, etc. make me feel
comfortable next to this big building. He showed Windsor Manor; he is showing projects that you
have a good feel for. For all projects, the sidewalk is increased from 5’ to 8’ for students. There is
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North
Pointe
Willows
a 7’ blvd. strip, an 8’ sidewalk and 0’ lot line. (This is half the distance Sundance Apts., Johnny’s
project has.)
North Pointe has no blvd. of elements
that make me feel comfortable as a
pedestrian. The Willows has a 0’ front
yard, but they still have a good feel to
them. We feel like with 89% lot
coverage, we feel like we are still
providing maximum pedestrian and
community experience of our project.
75% parking is required in HDR2;
they are not asking for a reduction in
parking. They are planning for 308
beds. The University requested the
owners to do a men’s and a women’s
building to allow the University more
flexibility in the student population.
The buildings will be four (4) stories.
They are excited and have already
started on Building B. The City has
allowed Johnny to keep moving his project forward, even though the
verbiage was not completed. Part of the situation is, when you go into an agreement with the
University, you have to say you will have “x” amount of beds by fall 2021. Timing out all of the
construction to be finished on time, the project had to start when they had to start. If it feels like
we are starting, then asking for forgiveness, it is not that way; we have been working through the
project for a long time.
Chairman Rory Kunz asked is the project will fit on just the three parcels. No, there are actually
five total parcels. Why are only three parcels included in the request? A lot combination will make
all five parcels combined into one parcel, roughly 2.2 acres. They are not anywhere near what the
density allows, due to the required 75% parking. The setbacks in the zone allow 25’. They want 0’
front yard and could not have this without changing the zone. In order to get the project going,
Alan clarified in Infill/Redevelopment allows him to request a reduction to a 5’ front yard.
Windsor Manor
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Currently, one (1) building complies completely with the HDR2 zone. If the Applicant is not
granted the lot coverage of 89%, building two (2) will have to be modified. So, this is why they
have a Building Permit for one building.
Steve Oakey reminded the other members that they had to pay $635 to make this request. He
remembers having a discussion with Sally Smith from the City Council. She asked him if he felt it
was difficult to do business in Rexburg. He answered, yes; he feels it is difficult to do business in
Rexburg. Thank you for reminding us how difficult it is to satisfy the needs of the market and
navigate through the difficult codes. Steve asked Johnny, does your project presented tonight on
the screen represent what is being built? Plans cannot be changed at this point. Review comments
indicate snow storage and parking are issues. Why couldn’t you reduce your parking when the
market does not require it? Steve confirmed the project is currently under development. The Staff
recommends approval with conditions. He is assuming the remaining comments are being hashed
out in detail. His perception is to pass this procedure along in a timely manner.
Melanie Davenport asked Johnny, if in discussions with the University, Troy Daugherty
communicated a current surplus in student housing. Initially, Troy did communicate this fact and
inquired about the Applicant’s timeline. When Troy learned it was the fall 2021, he approved the
308 additional beds. Melanie asked if Troy was the only person the Applicants spoke with at the
University. Johnny conferred the question to Bart Stevens. Were the projections and historical
data for student housing discussed? Bart Stevens stated the discussions with the University began
in March of 2019. At this time, they had finished a previous project and were looking for potential
possibilities. Troy Daugherty is the person the Applicant talked to and it went to committee. The
Lofgrens were those who went to committee for the request with the University. Two of the
homes on the site were already approved for student housing and had 28 girls living in them. A
rental home was also on the site. There was a lot of remnant from the flood also on the property-
old sinkholes from old homes. The Lofgrens wanted to do something with the property to keep it
looking nice. Troy did talk to Bart Stevens’ group about projections and it was very in depth.
March 4, 2019, Bart also visited with the City and received some estimations of building permit
fees, as well as, impact fees to start to develop a budget for the Sundance Apartments project. The
University’s process was completed for approval on December 11, 2019. The University has a lot
to say about what they would like to see and how they would like to see it happen. The University
dictates a student living plan and the student community.
Attorney Spencer Rammell indicated the University projections are not contemplated in the
City’s Comprehensive Plan. Chairman Rory Kunz indicated the customers are not in the purview
of the Commissioners. As to decisions, we should not put heavy weight on the University and their
projections. Let us keep our questions to those for the current application. Melanie Davenport
responded, due to the extensive explanation Johnny Watson has provided; this opens the door to
follow-up questions. She confirmed tandem parking is shown on the Site Plan.
Vince Haley confirmed the final lot coverage of 89%, setback will be at 5’ in the front yard from
the parcel line, no parking reduction, but there is tandem parking. At 75% parking, every parking
stall has to be assigned to a specific individual. Tandem parking stalls will be assigned to students
who share the same room. Johnny is required to provide a Parking Management Plan that details
how the parking system works. Vince confirmed the project started 1 ½ years ago and asked why
the Commission was being rushed on this request. Vince feels he is being rushed, because the
regular meeting time was moved up a week. Johnny Watson said the solution for the Ordinance
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initially discussed a year and a half ago was not changed to allow that would facilitate the project in
the Ordinance without coming before the Planning & Zoning Commission.
Melanie Davenport asked if you received all of the issues you want tonight, would this solve the
parking and maneuvering issues that still need to be resolved? Johnny will modify the Site Plan to
satisfy the review comments and allow the needed maneuvering.
Staff Report: Alan Parkinson – Staff has multiple discussions with Johnny Watson. Staff like the
look of the project. Solutions were able to be determined for the front yard: the request for a 5’
front yard and the 75% parking required in the Infill/Redevelopment area. Staff recognizes there
are some challenges in the zoning code that need to be addressed. The request is a Conditional Use
Permit for dormitory use. The plan has moved along well. A footing and foundation permit has
been issued for Building 1 only. A Building Permit for Building 2 is contingent on meeting the
requirements that are in line with the Code. This includes the 89% lot coverage; the Code says
80% lot coverage. The agreement with the Developer was they would meet the requirements of
the Code by reducing the size of Building 2. Johnny chose to ask for this condition before
Planning & Zoning. A typical comment “all storm drainage will have to be handled on site.” The
Developer has agreed to this condition. Parking and maneuvering need to be addressed. Johnny
Watson indicated tonight he has ways to do design the maneuvering and as long as he can still meet
the parking requirements, this comment could be addressed. Chairman Rory Kunz asked what
kind of maneuvering Staff meant. Maneuvering in the north parking lot where you see the tandem
stalls, both lanes come to a dead end on the east side. A problem Public Works typically sees is if
every stall is full, someone who drives to the end of the lane looking for a parking stall, has no way
to turn around; they would have to back up the entire length of the lane. A combination of lots is
needed to combine all lots into one parcel and the development will be included in the Conditional
Use Permit. The Parking Management Plan is a condition, because the Applicant has not provided
snow storage on site and has agreed to remove snow at each snowfall from the site. We want this
agreement in the Parking Management Plan. With these conditions, Staff recommends the request
be recommended to City Council.
Todd Marx confirmed the current code requires 80% lot coverage in the HDR2 zone. Vince
Haley asked about the traffic on 2nd W and 3rd S by Taco Time. Does the city anticipate a full stop
sign where the current HAWK signal? City Planner, Alan Parkinson, answered, no, Public
Works does not want to locate a light here because this creates a challenge with the light on 2nd S.
Pedestrian traffic can be handled with the HAWK signal. Vehicles are anticipated to go to S 3rd W
to the light to access W 2nd S and S 2nd W. Keith did not see a problem with the traffic at this time.
Public Works is not present to speak to stoplights and pedestrian ways. Will you address why the
building was able to start? He wonders if his vote counts. Commissioners’ decision tonight can
still affect the size of Building 2. One lot already has a Conditional Use permit for dormitory use,
and legally, Stephen Zollinger, City Attorney has indicated a lot combination could allow the
current Conditional Use Permit for dormitory housing to apply to all combined lots. Staff felt
bringing the request through regular processes was a better legal solution. The Conditional Use
Permit for dormitory was for the property at 366 W 3rd W in September 2004 if conditions were
met and in August 2007 if conditions were met.
David Pulsipher asked if they could override Zone Code and allow the lot coverage for the
Applicant. If it is written into the code, can we rewrite the code for this request? Chairman Rory
Kunz answered, this is the nature of a Conditional Use Permit. The Commission says in this one
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instance, the Commission can grant this opportunity, because the Applicant has made an argument
that makes sense to the Commission. Attorney Spencer Rammell said, if the purpose was to
change the Zoning Ordinance, which has to be done through a separate procedure outlined by
Idaho Statutes to change the Zoning Ordinance to allow the lot coverage for all requests to be
changed from 80% to 89% in the HDR2 zone. As a condition for a Conditional Use Permit, the
code requirements can be adjusted for this parcel.
Kristi Anderson says it would have been nice to see this request on the application so she could
come more prepared. Officially, the request should be on the record that the lot coverage is part of
the request. Alan Parkinson says it was not part of the original application and was brought to Staff
after the application was submitted – the Applicant intended to request the lot coverage
adjustment.
Greg Blacker asked if the City Engineer did say that a stoplight was needed in this area, whose
responsibility would it be to pay for that stoplight? This is a question for Public Works. Alan
assumed this would have been a cost for the developer at time of development. Greg asked, if
several years from now a stoplight is needed, what will happen? Impact fees paid by the Developer
now will help pay for future infrastructure improvements in this area in the future.
Melanie Davenport asked if the purpose of the Mixed Use zone was a step down between
commercial and residential. Typical Mixed Use is commercial in the lower floors and residential up
above those businesses. In the past, the commercial requirement was dropped out of the Mixed
Use requirements. Mixed Use is filling a gap in the code right now. She feels it is frustrating that
the project is already started. She feels the system has been circumvented in some ways. The
decision for this application has been pursued after discussion with a group of Staff members, not a
single individual. Due to a publishing date and the challenges with COVID-19, the meeting date
for the second Planning & Zoning meeting in May was moved up; this application was supposed to
be on the May 7th meeting. Concrete is in the ground and the required plumbing needed to be in
the ground prior to the concrete. Chairman Rory Kunz confirmed the Applicant has not
circumvented any processes. The Applicant has proceeded forward only on those items that
currently comply with the Development Code.
Chairman Rory Kunz says the Commissions’ purview tonight is to answer the questions: Does
this project fit in the neighborhood? Does this request fit what the citizens are trying to
accomplish in the City? Is the request for this permit in the correct zone? There are two issues at
hand. The Applicant can move forward through the CUP process, be denied by the University and
continue to use the project as a dormitory use for other people if the application is approved.
Vince Haley says Troy Daugherty is not here to represent himself; this is irrelevant to the
discussion.
Keith Esplin joined the meeting.
Chairman Rory Kunz asked the Commissioners if they had any conflicts of interest or had been
approached by any parties relative to this particular subject. If you believe your prior contact with
respect to this subject has created a bias, you should recuse yourself, otherwise at this time please
indicate the nature of your conversation or contact.
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Melanie Davenport identified she owns student housing, but not near this location. The Crapos
are a client of Vince Haley and he was not aware they were a part of the project. It was
determined neither are official conflicts of interest.
Chairman Rory Kunz opened the public input portion of the hearing at 7:39p.m.
Written Correspondence: None
Favor: Bart Stevens – 1232 Pleasant View Dr. – He appreciates Johnny Watson and all the
work he has put in to this project. Bart wants to emphasize the time Johnny has spent
working with City Staff. Bart has served on the Council and he has watched Johnny be very
unselfish with his time and expertise to help projects move forward and draw up the codes
we have now. He feels Johnny has done a great service to the community. Bart feels this is
a great project. Those who have reduced parking look like good project, but then the
projects’ cars line the streets. An average of 60% of the students have cars and they are not
requesting reduced parking, because they feel the parking is needed and 75% will provide
adequate parking. He appreciates the Commissioners and their time to hear this project. He
hopes the Commissioners will feel good about supporting this project.
Neutral: Catherine Stanton – 315 S 3rd W – She is worried a little about the timing of the
project. Hearing that the project has been going on for months and the hearing is now after
the project is under way, gives the appearance to the community that the hearing is a ruse
and public input is not being considered. One of the questions is whose interests is this
Commission is serving?
Opposed: None
Chairman Rory Kunz closed the public input portion of the hearing at 7:46p.m.
Rebuttal: Johnny Watson addressed the perceived feelings. The Applicant is allowed by
right to build the building currently under construction. Without granting of tonight’s
proposal, the size of Building 2 will be smaller. Nothing has been done against what the
property owners are allowed to build right now by right or nothing that cannot be modified
given the Commissions’ recommendation to City Council.
Vince Haley is on the fence. The location of the project on the west side of the block is a
concern for him to allow the 89% lot coverage, without any commercial or Mixed Use
currently adjacent to this project. The 5’ setback buffer from existing residential seems like it
makes the uses very close together. Tandem parking - students hate it, but it will not
prohibit him from voting either way.
Chairman Rory Kunz asked for the zoning map. Technically, even though there are still
single-family residential, the zoning is High Density Residential 1 to the West of the project.
As stated by Mr. Watson, the Applicant has the right to build two buildings on the property.
The decision before the Commission is: Does dormitory-style housing make sense at this
location? Does it make sense to increase the lot coverage requirement to 89%? Dormitory
housing is already present on this block adjacent to the project and they do not meet the
80% requirement due to the nature of when they were built.
Vince Haley identified those dormitory uses out of compliance are across the street from
the PED zone.
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Steve Oakey talked about the rarity that the parking lot would be filled. The developer
should be able to dictate the parking needed to provide their customers’ parking. The City
should not manage the developers parking, nor the requirements for a building. Parking is
moot point; it is not an issue. A business has to serve a clientele. The Applicant is willing to
discover on their dime, whether their business is going to work or not; they have to discover
the wants and needs of their consumer. The City should only manage the parking on the
city streets. The City should not manage any private businesses’ parking. Parking is not part
of the decision tonight. Location of the project based an arbitrary, imaginary line dictated by
the City is also a moot point for him. If, as a provider of a product, the Applicant is
spending millions of dollars on a basis of win or lose, he grants them the opportunity to try.
He believe a great deal of homework has been done by the Applicants to arrive at this
meeting. He wants to give the Applicant the opportunity to try and he would vote along
that line.
Melanie Davenport identified if a reduction in lot coverage size, will the Applicant be able
to provide safe pedestrian travel? The maneuvering in the parking lot is something to
consider. Some confusion about the location of the property in the city and proximity of a
highway. Beside Porter Park, the road was considered part of the Yellowstone Highway;
however, it no longer holds this designation. The location of the parcels were shown on the
GIS map.
Todd Marx says that there is a possibility the PED could be expanded. Kristi Anderson
asked about the possibility of changing the PED boundaries as the Comprehensive Plan
changes. The decision has to be based on what the Commissioners knows now. David
Pulsipher feels the Applicant is trying to mitigate the solutions with the lot coverage. He is
also concerned of the current zoning ordinances and the gaps between HDR2, the Mixed
Use and the PED zone that are allowed. It seems they are being asked to put a square peg in
a round hole. He recommends the gap be fixed in the zoning code to prevent having to
make these kinds of decisions again. Keith Esplin understands peoples’ concerns; he
proposes to accept the proposal.
Attorney Spencer Rammell in talking about special use permits; legally this is the use of a
Conditional Use Permit for items that do not fit the Code exactly. No Ordinance is going to
cover every example the City encounters. Special Use and Conditional Use are two terms
for the same thing. Granting of a Special Use does not create any precedence for any other
future projects and cannot be transferred.
Steve Oakey says to increase density and increase pedestrian traffic in the HDR2 zone; we
cannot put up roadblocks to prohibit developers to redevelop and infill the land with extra
density.
MOTION: Motion to recommend City Council approve for a Conditional Use Permit
for dormitory housing for Sundance Housing at 266 W 3rd S for three properties shown in
the map below. The motion includes recommendation to approve the requested 89% lot
coverage and expedite the request., Action: Amend, Moved by Steve Oakey, None
seconded.
1. All storm drainage to be handled on -site.
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2. Parking and maneuvering areas need to be resolved.
3. Lot Combination needs to be completed for all parcels included in the
development.
4. Applicant will need to submit an approved Parking Management Plan. As
part of the Parking Management Plan, Applicant will need to state : “snow
storage will have to be removed from the site at each plowing.”
Commission Discusses the Motion:
Vince Haley asked if the CUP is transferrable from one property to another. When the lots
are combined, would this CUP apply to the combined lots? Attorney Spencer Rammell
said the most recent case law is a Conditional Use Permit is not transferrable from one
property to another property. The vesting or inheriting of that conditional right is not
represented in this current case law. There is no clear precedent that a lot combination
would allow the CUP to be allowed to apply to the combined properties. It is appropriate to
bring the request before the Planning & Zoning Commission and City Council.
Kristi Anderson confirmed the “expedited approval” clause in the motion.
VOTE: Motion passed (summary: Yes = 6, No = 2, Abstain = 0).
Yes: Chairman Rory Kunz, David Pulsipher, Kristi Anderson, Melanie Davenport,
Steve Oakey, Todd Marx.
No: Greg Blacker, Vince Haley.
*Application will be presented for vote before City Council on May 20, 2020.
Items for Consideration: None
Heads Up:
May 21st – No P&Z meeting.
Hearings:
June 4th – (20-00266) – RPR6N40E203550 - Comprehensive Plan Map change
(20-00268) – RPR6N40E203550 - Rezone to Medium Density Residential 2 (MDR2)
(20-00076) – Thomson Farms – Comprehensive Plan Map change
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Adjournment:
Commissioner Rory Kunz adjourned the meeting at 8:08PM.