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HomeMy WebLinkAboutFINDINGS OF FACT - 154 Rosewood - CUP for non-family housing for 4 students�pFXeuq� 0 P.O. Box 280 12 North Center Street a # Rexburg, Idaho 83440 Phone (208) 359-3020 Fray 1a�' STATE OF IDAHO Fax (208) 359-3022 q[ /SHED www.ci.rexburg.id.us e-mail rexburg@ci.rexburg.id.us August 28, 2001 Jeanene Dennett 154 Rosewood Rexburg, ID 83440 RE: Findings of Fact on Conditional Use Permit Dear Jeanene: Enclosed is a copy of the Findings of Fact for your Conditional Use Permit requesting an apartment in your home located at 154 Rosewood. Yours truly, CITY OF REXBURG Marilyn Hansen City Clerk FINDINGS OF FACT FOR CONDITIONAL USE PERMIT On June 18, 2001, Jeanene Dennett presented to the Rexburg City Clerk a Request and Application for Conditional Use Permit for the purpose of having an apartment in her home located at 154 Rosewood in the City of Rexburg, which is zoned LDRI. 2. On June 27, 2001, Jeanene Dennett appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit at her home at 154 Rosewood for the purpose of having a basement apartment. Discussion concerning the possibility of restrictive covenants, parking requirements, and the need for a good site plan showing all parking spaces. It was recommended that this request should go to public hearing. 3. On July 25, 2001, the City Clerk sent the Notice of Public Hearing for publication in the local newspaper on August 1 and August 15, 2001, posted a notice on the property and sent notices to all property owners within 300 feet of the above mentioned property. 4. On August 22, 2001, Jeanene Dennett appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit for an apartment on property located at 154 Rosewood. There were numerous neighbors in attendance as well as letters in opposition to this request specifically for non-compliance of parking regulations and safety issues relative to having students renting this apartment. It was moved, seconded and unanimously approved by Planning & Zoning that this request be denied until such time as applicant can come before Planning & Zoning again and be in strict compliance with the zoning ordinance. Stephe i Zollinger, City Attee PLANNING & ZONING June 27, 2001 7:00 p.m. Chairman: Davawn Beattie Members: Ted Whyte John Watson Mike Ricks Glenn Walker Winston Dyer Bobbette Carlson Robert Schwartz Ladawn Bratsman City Clerk: Marilyn Hansen P.F.C.: John Millar City Attorney: Stephen Zollinger Winston made a motion to approve the minutes of May 30, 2001, seconded by Bobbette. All voted aye, none opposed. Davawn thanked the Board for the great job they are doing for the City. There have been some tough issues making it difficult to keep everyone happy but he appreciates all the effort. Discussion concerning new ordinances and other items to be modified in the zoning ordinance. Public Hearing for Nelda Jeppesen for Annexation and Zone Change John Millar read the notice of public hearing. John then explained the location of the property and the request of the applicants. The public hearing was opened. Michael Kam - Attorney representing Nelda Jeppesen Nelda owns a little over 10 acres in the area of 7`h South and 5`h West and it is her desire to sell the property, there is a potential buyer which sale is contingent upon the property being annexed and being rezoned as HDR2. Michael distributed pictures of what the project would look like. As previously indicated there is water and sewer, it is the type of growth the City is anticipating and is consistent with making sure there are adequate services which do not overburden the system. The anticipated use is for multi -family apartments. Don Rydalch - 648 So. 5th West Don and his wife, Doralee, are strongly against the zone change from Rural Residential to HDR2. The annexation seems fine but not with the proposed zone change for two reasons. line on the project was predicted for next August, depending on when they can begin. All of the exterior apartments are 2 bedroom, all interior apartments are 1 bedroom which gives an exact mixture of 1-2 bedrooms. The complete project is 160,000 sq. ft. Discussion. Glenn made a motion to accept the site plan with the addition of the street on 4`h West to 6" South to the specifications the City requires. Winston seconded the motion, all aye, none opposed. Jay Jenks, Conditional Use Permit for apartments on Barney Dairy Road John Millar explained the property location which was formerly owned by Ted and Edna Garner. The request is for a conditional use permit for 6-plex apartments. The submitted plan was reviewed. The property will require an on-site pump station for wastewater. Discussion. Ted made a motion to recommend this conditional use permit request to public hearing, seconded by Bobbette. All voted aye, none opposed. De Jones, Conditional Use Permit for basement apartment at 107 E. 1' North This request is for a family duplex apartment, De living in the upper floor with the apartment in the basement. There has been a commitment to bring this unit up to code, including ingress windows, parking is sufficient for 4 vehicles and this request will need a public hearing. Bobbette made a motion to send this Conditional Use Permit request to public hearing, seconded by Mike. All voted aye, none opposed. Jeanene Dennett, Conditional Use Permit for apartment at 154 Rosewood This home at 154 Rosewood is being built, Val, the City Building Inspector has reviewed it, it will be difficult to get adequate parking, this project needs to be looked at carefully, the property is zoned LDRI and an apartment is allowed as a conditional use if all criteria is met. Discussion concerning the possibility of restrictive covenants, the parking requirements and the need for a good site plan. This is for non -family housing, for 4 students it would require 6 parking stalls. Ted made a motion to approve this matter for public hearing at the discretion of Jeanene Dennett and suggested she do some research before she moves forward. Motion was seconded by Bobbette, all voted aye, none opposed. Ricks College Spori Building With the agenda today was a proposal from Ricks College entitled Second Amendment for Conditional Use Permit. Richard Smith and Robert Wilkes were present on behalf of Ricks College. Richard explained his position here, and pursuant to the last public hearing this Board directed that the College, City Council and City Engineer begin an immediate dialogue which has been done. The issues that were raised at the public hearing were addressed regarding parking at the new proposed Spori Building and from those discussions they are here to propose these conditions that would be part of the Conditional Use Permit which has been filed for. PLANNING & ZONING August 22, 2001 7:00 p.m. Chairman: Davawn Beattie Members: Ted Whyte John Watson Mike Ricks Glenn Walker Winston Dyer Bobbette Carlson Robert Schwartz City Clerk: Marilyn Hansen P.F.C.: John Millar City Attorney: Stephen Zollinger Glenn Walker approved the minutes of August 8, 2001, seconded by Bobbette. All voted aye, none opposed. Discussion concerning a possible work meeting with the Mayor and the Council representative to discuss the growth of the City, job description for P&Z, Comprehensive Plan, cell towers, lighting, Sign Ordinance and the professional overlay corridor from 2" a East to the hospital. John Watson will prepare an agenda of items and the time for said meeting will be discussed at the next scheduled Planning & Zoning meeting. Jeanene Dennett Request for Conditional Use Permit Stephen read the Notice of Public Hearing. John Millar discussed the request for the Conditional Use Permit for an apartment in the Rosewood Addition which comes off 2"' South near Lincoln School. Jeanene Dennett - 154 Rosewood Jeanene is a single person, her sons built the home for her and the apartment was built for a second income. This apartment will help support her and help pay for the home. They have poured tons of cement for parking, the apartment is nice, there are egress windows and two bathrooms. John and Stephen reviewed the drawing showing six parking spaces. There are four parking stalls that will meet the requirements, two on the submitted drawing will not meet the requirements. She would be allowed to rent to a single family if there were four spaces, if rented to four individuals six parking spaces will be required and that will not be allowed. It is marginally a stretch to get the four parking spaces. The City staff has been there on several occasions to measure, the space on the left side of the house cannot be used without putting it past the house and there is not adequate space. Only one legal space is allowed in the setback. Discussion concerning parking. Davawn reviewed the letters he had received in opposition to this request. Public Hearing was opened. Cory Webb - 155 Rosewood Cory is concerned with the parking situation, parking spaces number 1 and 4 listed on the application are inappropriate and invalid according to the parking regulations with the City of Rexburg. There is not adequate parking for 4 individuals on this site. As a neighborhood, they have met and discussed the objections they have. They would like to see the best good done for all the citizens involved in the neighborhood, they would like a compromise. The neighbors would like to be protected from such problems as nuisance of noise, safety hazard, overflow parking, parking in front of other yards, moderate to high levels of off-street parking and obstacles to pedestrian traffic. For these reasons as a neighborhood they recommend that a maximum of two occupants be allowed under the Conditional Use Permit. She requested that all in agreement please stand, numerous neighbors were in attendance and stood in support of her statements. Corey Barnard - 272 E. 2°d South He read his statement and gave a written copy to the Board. He is testifying in opposition to the Conditional Use Permit. Several residents in the past had a meeting with the Police Chief to discuss traffic and excessive speed of the traffic on 2°d South, numerous accidents, several near misses with pedestrians and the loss of animals. Given the limited resources of the City of Rexburg and their inability to police high speeds on 2°d South he requests that the Conditional Use Permit not be approved for 5-6 additional students in this area. David Oliphant - 144 Rosewood David will be moving into 144 Rosewood this September. He submitted his scale drawing of the property at 154 Rosewood which shows there is insufficient parking, which has already been addressed. There is no buffering between the properties for the adverse effects of this Conditional Use Permit as set out in the Zoning Ordinance. The cement on the north side of the property goes right to the property line making it impossible for buffering. If there is any buffering it will have to placed on the Oliphant property. He discussed his observations concerning parking of proposed tenants and guests of the house which have been parking two wheels on his property and parking on -street in front of neighboring houses. There is not room for additional vehicles on this property. The driveway is barely long enough to meet the setback so the cars are right in front giving the feeling of living next to a parking lot. He prefers not to allow any apartment but could live with a reasonable compromise with only two additional parking spaces. He asked that those in agreement with him stand, numerous neighbors did stand. Doug Craig - 174 Rosewood Two things Doug is concerned about is on -street parking and pedestrian traffic. General reference has already been made but because of the situation any visitors to that home need to park on the street. It there are single tenants they will have more visitors generating more traffic both vehicle and pedestrian. The visitors will have no alternative but to park in front of neighboring homes. According to the definitions of LDRI on -street parking is a conflict use, on - street parking will also obstruct view for the pedestrians, especially children and will create a safety hazard. Matt Babcock - 134 Rosewood Matt and his wife will move to 134 Rosewood in September. Most of his concerns have been discussed but the homes in the Rosewood Subdivision are predominantly occupied by families with small children, around 21 children under the age of 10 will call Rosewood Dr. home and that number could grow over the next 5-10 years. If this situation were reversed the single college age adult might find a married couple raising 3 or 4 children in an adjacent apartment anything but harmonious. Single adults thrive on being surrounded by others, couples with children move away from that life style to reside in quieter domains. He supports a compromise but opposes single students in that apartment. Johnson Webb - 155 Rosewood Buffering has been previously mentioned, he believes a buffering plan needs to be drafted. There are specific areas that need buffering in the event any Conditional Use Permit were granted. Brian Pyper - 175 So. 3' East Brian resides over the back fence from the property in question. He submitted a letter in opposition, but wants to draw attention to the long range planning for the City. He has been on committees showing the growth issues across BYU-Idaho campus, they anticipate 100 new faculty members in the next 4-5 years with an additional 100-150 staff members. The Comprehensive Plan plans for growth in Rexburg but no one could foresee the change at the college. If zoning considerations are not taken seriously then the character of the City will change radically, if the zoning considerations are not there for a reason, why have them. Public hearing was closed. Stephen explained there are no legal means for this to be considered for single student housing. This request can only be for a single family duplex. If there are 4 individual contracts with 4 separate individuals this will not constitute a single family. There are two legal issues to be addressed as a board: First, it can be only a single family apartment, second she must have four legal spaces somewhere upon the premises. Two areas to be looked at seriously when considering conditional uses for this property are the buffering, sight and sound, as well as front yard coverage. Jeanene is not allowed to pave, park or make use of any more than 30% of her front yard for anything other than landscaping. There is not a legal defenseable means by which you can limit the number of bodies occupying a space, you can limit to a single family which by our ordinance is defined up to 4 unrelated individuals but they have to be treated as a single entity. John Watson stated he is opposed to any compromise and is opposed to anything but strict compliance. He is not in favor of the compromise but in favor of strict compliance. Stephen stated that no matter what happens it requires a Conditional Use Permit to put an apartment in an LDRI zone. From a simplicity standpoint it would be much better to simply place the conditions consistent with the ordinance upon this property and put it back on Jeanene to comply with the ordinance strictly. Ted made a motion that no action be taken on the Conditional Use Permit until it complies with the strict conditions of the Ordinance, including the criteria of parking and buffering. Motion was seconded by Glenn. All voted aye, none opposed. Stephen was excused for another meeting. Jenks Properties - Final Plat Review of Hawkins Company properties. John Millar explained this plat had been before this Board several times before, it is the same as the preliminary plat just under different ownership. They are still looking at putting the new road diagonally through the property as was previously proposed, it is basically the same as the preliminary plat just breaking it down into a few more lots. This project will be done in a phased manner. Discussion concerning the road. Jay Jenks was present to answer questions. Discussion. Ted made a motion to approve the final plat for Jay Jenks concerning the Hawkins Properties. Motion was seconded by Bobbette, all voted aye, none opposed. Russell Van Allen, a neighbor to the above mentioned property, wanted the new owners to know there were neighbors opposed to the current layout. It was explained to Mr. Van Allen that there had been numerous public hearings on this property, this was not a public hearing, and that compromises had been made with the neighbors concerning buffering and fencing. Platinum Development's Request for Annexation and Zone Change Glenn Walker declared a conflict of interest. John Millar reviewed on the maps the two properties requesting annexation and zone change. 12 One of the parcels was required to be annexed in order for the other property of 55 acres to be contiguous. This is east of Gallery Photo Lab and the District Health Office. The parcel required to be annexed is not seeking a zone change, the other property is requesting zone change to LDRI. Brett Jensen, one of the owners of Platinum Development, explained they have applied for annexation for two parcels of land. The 55 acre parcel which borders on 1000 North or 7' North on the north and on the south side by the Teton River. They are seeking annexation and zone change in order to develop a subdivision for single family residential homes. In moving toward this project they noted they were not contiguous to the City so worked with family members who own the parcel across the river bordering Barney Dairy and have received permission to seek annexation of that parcel as well. The plan is to create a very nice residential area, one that has a nice rural feel yet it will be in the City limits. The lots will range in size from a 1/4 acre to as large as 3/4 of an acre or more. The involvement and ownership will be strictly with the 55 acre parcel. Discussion on flood plain and road right-of-way, comprehensive plan, green way space, sewer and water lines, location of bike path. Robert made a motion to approve this request for annexation and zone change to go to public hearing. Motion was seconded by Bobbette, all voted aye, none opposed. Glenn abstained. Stephen returned Nelda Jeppesen Project Judy Davis -Hobbs representing the Nelda Jeppesen family, came before the Board for further discussion on the Jeppesen project. They feel firmly that what they want to do with the property, annex and zone it HDR2, fits with the neighborhood and the greater plan for the City and they also very much understand the neighbors' concerns. They are hoping they can discuss and find a compromise to make the neighbors feel good and make this project work. They have visited with people at the college and they are serious that there needs to be some housing by 2002 to accommodate the married students which are anticipated. The estimated value of this project would be approximately $6,000,000. According to the County Assessor that is about $243,000 in tax money, about $95,000 of that going to the County and $57,000 to the City. A suggestion given to the Jeppesens was to do a buffer along 1000 West or 5' West from Mrs. Jeppesen's house down to where Wes Lawrence lives and zone that LDR2, keeping the HDR2 buildings east. This would buffer the homes on the west side of 1000 West and keep them from having the apartments right across the street. A concern of keeping the strip along 1000 West out of the development is the problem of ingress and egress to the LDR2 property. She was asking for input on what the Planning & Zoning would accept. Mike voiced his opinion concerning the safety issues with the school in the area. John was concerned with the number of issues which have come before the Board for approval and not materialized. Robert feels we should be concerned with making the City aesthetically pleasing and safe and not be involved with the amount of taxes it will generate. Discussion. It was suggested Judy get the neighbors together and have a discussion with what would be acceptable to them then come back to the Planning & Zoning Board with a conceptual plan. L