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HomeMy WebLinkAbout20-00365 - RFD - 111 N Center - CUP for Dormitory Reason for Decision City of Rexburg 35 North 1 East Phone: 208.359.3020 st Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 #20 00365 Conditional Use Permit 111 N Center 1.May 21, 2020, An application was received for a Conditional Use Permit for dormitory housing from Jerry Virgin for 111 N Center. Fees were paid. 2.June 9, 2020, the Staff Review Summary was sent to Jerry Virgin requesting a drawing to show required access. thth 3.June 12, 2020, Notice was sent to the newspaper to be published on June 16 and June 30. 4.June 16, 2020, A Site Plan was received for review. 5.June 22, 2020, Staff Review Summary Rev. (1) was sent to Pat Woodcock. 6.June 15, 2020, An official notice of the hearing and public hearing instructions were mailed to all adjacent property owners within 350’ of the parcel. 7.June 25, 2020, Notice was posted on the property in front of the residence at 111 N Center. 8.June 29, 2020, An agenda for the meeting was sent to Jerry Virgin. 9.July 2, 2020, Jerry Virgin presented the application to the Planning & Zoning Commission. 6:45 p.m. – (20-00365) – 111 N Center – Conditional Use Permit (C.U.P.) for Dormitory in a Mixed Use zone. (action) – Jerry Virgin Applicant Presentation – Jerry Virgin – 111 N Center – Jerry wants to build an apartment 4-plex back behind his house for a dormitory, college, single-student rental. Right now, to the north there is a 50 unit apartment complex. Across the street is a 8-unit building. To the south, a home has been converted into a dog grooming business. Next to them, is a safe house owned by Madison County. Directly behind Jerry’s house, the house is being converted into a duplex. Commissioner Questions: Todd Marx asked about the Staff’s concerns with parking. He asked if a parking plan is in effect. Jerry says if approval is given, the Architect will design the parking. His neighbor to the West is interested in selling some of his property to Jerry for parking. This neighbor initially wanted to put in apartments, but did not have the required access. Jerry needs three parking spaces. Randall Kempton talked about the possibility of 19 residents. The basement of the current house used to be an apartment; the basement will be changed back into an apartment for the managers. Jerry and his wife will live upstairs in the summer and will go south for the winter. 14 parking spots are needed. If negotiations with the neighbor to the west cannot be reached, the number of residents will have to be reduced. Chairman Rory Kunz reminded the Commissioners, the decision is based on the use of the property, not on the project at this point. Sally Smith asked about the size of the property. The property is 0.25 acres. Staff Report: Planning & Zoning – Will Klaver – The Applicant is requesting a Conditional Use Permit for dormitory housing. Staff recommends approval with the following conditions: 1.All storm drainage to be handled on site. 2.Access and parking areas need to be resolved. 3.Applicant will need to submit an approved Parking Management Plan. Commissioner Questions for Staff: Chairman Rory Kunz asked to see the Zoning Map and the Comprehensive Plan Map. Will said the parcel is completely in a Mixed Use zone. The Comprehensive Plan Map shows Neighborhood Commercial/Mixed Use for the applicant’s property. Chairman Rory Kunz asked about the zoning of the north lot and why it is partially split into two zones. Will said when this area was changed to Mixed Use, the line was drawn at a certain amount of feet for both maps. Aaron Richards asked if a single point of ingress/egress is needed. Will answered, this question will be answered by the Fire Department and Public Works. Aaron says it appears from the aerial two points of access would not be possible the way the home is built. Vince Haley believes this has been a discussion in the past; he recalled Cy Hepworth’s project. Vince asked if this item has been a discussion with Jerry. Jerry Virgin understood 24’ is needed for 2-way access. Jerry’s access will allow for traffic if one of the lanes is blocked. David Pulsipher noticed the entire side yard would be paved. He asked if enough land in the front yard would meet the required landscaping. Will recalled the Mixed Use zone allows 90% lot coverage. He encouraged the Commissioners to look at the proposed use, rather than the specificities of the request; Staff will take care of those with Mr. Virgin. Sally Smith asked if the units in the existing home are included in the count for the 14 parking spaces; they are included. Without the dormitory request, only eight stalls would be needed. John Bowen asked about the number of remaining stalls needed. Three stalls are still needed. Conflict of Interest? - Chairman Rory Kunz asked the Commissioners if they have a conflict of interest or if they have 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. None. Chairman Rory Kunz opened the meeting up for public input. Written Correspondence: None Favor: None Neutral: None Opposed: None Rebuttal: None Chairman Rory Kunz asked if anyone else would like to speak. He closed the public input portion of the hearing at 7:10p.m. Commissioners Discussion: Steve Oakey pointed out the request is costing him $635 dollars to use his property as he sees fit. He would vote to allow him to do so. He appreciates the Applicant answering questions by Staff. Chairman Rory Kunz’s concern is if for some reason design cannot be accomplished, he will have wasted his time and money. He feels the Applicant should not lose all his money for those items that have not been brought up in advance. Tawnya Grover stated the fees are based on the cost to publish the applicant’s request. John Bowen agrees with Mr. Oakey. He feels the Applicant’s request matches the uses of the area. Chairman Rory Kunz clarified that multi-family occupancy is different from dormitory housing; multi-family uses are located in this neighborhood, not necessarily dormitory. Dormitory housing is usually unrelated individuals living together in the same unit. Sally Smith spoke to the refund of fees. She explained she thinks the people understand the risk they are taking when they apply. If dormitory housing is not approved, an option for multi-family housing is still allowed. She would not be in favor of returning fees. Chairman Rory Kunz said, usually the Applicant is told what he can and cannot do ahead of time. Aaron Richards is hearing the Applicant say he is seeking the Conditional Use Permit before he moves forward with any site planning or Engineering, layout and design. His concern is the parcel is 1/8 of an acre for the proposed uses. He suggests the Applicant meet with the Fire Marshall and Public Works; he does not want the Applicant to get too far down the road and be unable to complete the project based on a technicality. He stated the Applicant needs to make sure all of the infrastructure can be tucked into that small of a parcel. Randall Kempton asked if the Conditional Use Permit would be attached to a new piece of land. Will a Conditional Use Permit need to be sought for the property acquired from his neighbor? Chairman Rory Kunz stated if the Applicant is not changing the use on the newly acquired piece of land, a Conditional Use Permit would not be needed for that parcel. The Conditional Use Permit does not automatically transfer to the new property acquired from the neighbor. Randall Kempton said if the building was pushed back further into the new property, then a Conditional Use Permit would be needed for the new piece. Will Klaver said if the lots are combined, the two lots would be made into one lot and the Conditional Use Permit would apply to the entire piece. Jerry Virgin clarified the combination would need to be recorded with the County. Steve Oakey asked if a condition could include the Conditional Use Permit applying to travel with the potential acquired land of the neighbor’s subject to Staff’s approval of the landscaping and parking requirements. Attorney Spencer Rammell said the Commission cannot make a determination on land not currently owned by the Applicant. There are issues with transferring a Conditional Use Permit to another piece of property. If the acquired land remains separate from Jerry’s parcel, a hearing process would be needed to acquire a Conditional Use Permit for the land. Turning the land, through a lot combination, into one lot is less expensive compared to coming back to the Commission for a second Conditional Use Permit. Steve Oakey confirmed the Commission cannot simplify the process, because the project details are undetermined. A meeting about the Engineering should probably have come before the current Conditional Use Permit application. 3 | Page David Pulsipher asked if a 4-plex is a permitted use in Mixed Use. The Commission is only determining the Conditional Use Permit for dormitory. A 4-plex could be built without any Conditional Use Permit for family occupancy. Steve Oakey knows it is a discussion for another place and time, but Chairman Rory Kunz brought it up. Steve agrees with the cost of asking permission and it is a demonstration of a moving target, that zoning represents to the average property owner, who is simply trying to maximize the value of their property. Because Chairman Rory Kunz opened the door with his comment, Steve stepped in, even though it has nothing to do with Jerry’s proposal. Vince Haley agrees it is frustrating; the Commission has to go through this discussion, because Staff has not taken this discussion up. The same issue came up with the Lofgran property; they had a Conditional Use Permit and were told if they combined lots, the Conditional Use Permit would cover the entire area. Now, you are saying that is not the case? Attorney Spencer Rammell said a Conditional Use Permit in its own nature, represents a greater risk. The Land Use Planning Act requires uses to be identified. Once the parameters are set, you can’t go back and change it. People can request a Conditional Use Permit on their own, because the use they are asking for a use that is not represented in the zone they want to put it in. Going back to the fees, the fees are required by law to notice the public. The City incurs costs that are a requirement by the law. Vince Haley is ultimately in favor of the dormitory build here; he believes it fits in his neighborhood. He would love to see a sunset clause, that if the lots were combined, the Conditional Use Permit is canceled. Could a condition be placed on combining the lots? Chairman Rory Kunz said, not necessarily, the Applicant could build less units. Attorney Spencer Rammell said, City Staff, when they review the application, put certain requirements on the proposal. When the project was under consideration, they would not have reviewed the proposal for the acquired land. It has not been part of this application. Chairman Rory Kunz stated, the question is, does this application make sense for dormitory in this zone in this neighborhood. Randall Kempton asked if dormitory use fit with an apartment neighborhood. Is this a relevant question? Jerry could have family-style apartments by right, right now. Aaron Richards said he could also raze his entire residence and use the entire ¼ acre for dormitory if the application is approved. MOTION: Move forward to recommend to City Council this application for a Conditional Use Permit for Dormitory-style housing at 111 N Center with a sunset clause, that the Conditional Use Permit be removed if any lots beyond the back portion of his neighbor required for the four parking stalls are combined., Action: Approve, Moved by Vince Haley, None seconded. Commission Discusses the Motion: Chairman Rory Kunz asked if Vince wants to remove the Conditional Use Permit if he does acquire the property from his neighbor. Vince Haley said his discussion item is he would love to see a Conditional Use Permit if he combines lots. Jerry would have to combine lots to accomplish the 4-plex he is proposing for parking. Vince does not want a Conditional Use Permit on the land. Someone comes in and buys the property, as well as that entire block, and uses that CUP from that little piece of property for that entire area, combines lots and then the CUP applies to that entire property. He would like to see a sunset clause of this kind. This is an interesting situation, due to the fact that the applicant has to combine lots to achieve his desired objectives. We can put in the motion that if the required land is obtained just for the parking, Vince is o.k. with that, but not if he acquires the entire parcel of his neighbor’s. He knows this is complicating and may be frustrating to some of the Commissioners. Vince is trying to put an end to 4 | Page something he sees as a future problem. Chairman Rory Kunz, says essentially what Vince is saying is, he can buy the piece required for parking, but no more. Vince agreed. Aaron Richards asked if a motion could be made to limit the number of units, based on today’s reality. Chairman Rory Kunz said, in this situation “no” because today we are just talking about the use. The number of units is limited by parking, setbacks, acreage, etc. Steve Oakey says, what is going to limit the project is Jerry is going to go in and talk to City Staff and they are going to say, you do not have the parking. Steve feels like this is a discussion between Jerry and City Staff. The Commission is simply voting on land use. The Commission is not involved in the details. City Staff will decide on water, sewer, parking, landscaping, etc. Vince Haley clarified, he is asking duplex, dormitory, meaning single? Chairman Rory Kunz answered, the Applicant is asking for a Conditional Use Permit for dormitory-style housing; nothing else is before the Commission. Jerry was asking a question for the audience regarding Vince’s motion. Jerry asked “as is” right now, if he and his neighbor cannot get together on a price, and he can’t come up with the other three parking spaces, I then can build a dormitory tri-plex, if the motion is approved. Chairman Rory Kunz said, yes you could, if the motion is seconded. Spencer Rammell talked about a legal issue; he talked about a redundancy in the motion. If the Conditional Use Permit is approved, the Applicant will have to meet the Staff conditions. The Applicant will need to meet staff requirements, regardless of this being in the motion. Vince Haley asked to remove the line, “as long as the conditions of Staff are met.” Tawnya clarified the conditions do not need to be listed in the motion. Sally Smith asked, “What kind of sunset clause are we placing on the motion?” Chairman Rory Kunz said if the applicant requires more property than just the backyard of his neighbor. Attorney Spencer Rammell said the most the Commission could do is to place a general condition to reopen the requirements of the Conditional Use Permit. Chairman Rory Kunz thinks what Mr. Haley is trying to do is to prevent this parcel from becoming part of a larger development, in order to get dormitory housing. Mr. Haley is trying to prevent future development from taking advantage of a loophole. Vince Haley said the voting for Lofgrans was for the lot coverage, not dormitory, because a Conditional Use Permit was already in place on one lot. Chairman Rory Kunz said this is a misunderstanding, the vote was for a Conditional Use Permit for dormitory. The vote was not for the construction of a building. Will Klaver said the application was for both, dormitory-style housing on the parcels involved and for the lot coverage. Then, Vince Haley said, Staff did a terrible job of communicating. It was reiterated that night that the only thing we were voting on was the lot coverage. Steve Oakey, said if you insist on the sunset clause, in order to get past the problem we have, he suggested a time limit; make it far enough out with a limit of 5-10 years. He bets Jerry will have his project done in five years. This should also alleviate your concerns about a potential developer coming in and using this action. Put a time limit on the sunset clause. Chairman Rory Kunz reminded Commissioners there is still no second on this motion. Attorney Spencer Rammell said, even with a sunset clause, it is not going to happen. You can do it and you can make that part of the motion, but that is not going to be a hindrance to anybody; it is not going to hold up in court. Steve Oakey asked if another motion could be made. Chairman Rory Kunz said, “Yes”. Motion: Recommend City Council approve the application for a Conditional Use Permit for dormitory-style housing at 111 N Center as requested based on Staff 5 | Page recommendations in order to maximize his property value., Action: Amend, Moved by Steve Oakey, Seconded by John Bowen. Commission Discusses the Motion: David Pulsipher generally supports the motion, but he would like to see the Staff recommendations included in the motion officially. Vince Haley confirmed the Staff recommendation wording is redundant. Steve Oakey includes the Staff recommendation in order to appease all concerns. VOTE: Motion carried by unanimous roll call vote (summary: Yes = 7. No=2). Yes: Chairman Rory Kunz, David Pulsipher, John Bowen, Aaron Richards, Sally Smith, Steve Oakey, Todd Marx. Opposed: Vince Haley and Randall Kempton. City Council Meeting 7/15/2020 A.Conditional Use Permit (CUP) at 111 N Center #20-00365 for Dormitory in a Mixed Use (MU) Zone – Alan Parkinson Planning and Zoning Administrator Parkinson reviewed the request for the Conditional Use Permit at 111 North Center for Dormitory in a Mixed Use Zone (MU). 6 | Page 7 | Page 8 | Page Council Member Walker moved to approve the Conditional Use Permit (CUP) at 111 N Center for Dormitory in a Mixed Use (MU) Zone; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried 9 | Page