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HomeMy WebLinkAboutFINDINGS OF FACT - Jay Jenks - 264 N 3rd E - CUP for one 4-plex and six 6-plexes�gFXeUgC �O i0 P.O. Box 280 Gy 01exiary 12 North Center Street Rexburg,Idaho 83440 n" Phone (208) 359-3020 sr aS STATE OF IDAHO Fax (208) 359-3022 9e[ /SHED 1 www.cLrexburgJd.us e-mail rexburg@ci.rexburg.id.us . August 22, 2001 Stan Roland Jenks Properties 284 No. 575 East Hyde Park, UT 84318 RE: Findings of Fact on Conditional Use Permit Dear Stan: Enclosed is a copy of the Findings of Fact for your Conditional Use Permit to build 6-Plex apartment units rather than all 4-Plex units on property located on the corner of 3rd East and Barney Dairy Road. Yours truly, CITY OF REXBURG Marilyn Hansen City Clerk FINDINGS OF FACT FOR CONDITIONAL USE PERMIT On June 21, 2001, Stan Roland on behalf of Jenks Properties presented to the Rexburg City Clerk a Request and Application for Conditional Use Permit on property located at the corner of 3' East and Barney Dairy Road in the City of Rexburg. Said permit is for the purpose of building 6-Plex apartment units rather than 4-Plex. 2. On June 27, 2001, Stan Roland appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit on said property located at 3' East and Barney Dairy Road for building 6-Plex units rather than 4-Plex units. It was recommended that this request should go to public hearing. 3. On July 2, 2001, the City Clerk sent the Notice of Public Hearing for publication in the local newspaper on July 6 and July 19, 2001, posted a notice on the property and sent notices to all property owners within 300 feet of the above mentioned property. On July 25, 2001, Stan Roland appeared on behalf of Jenks Properties before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit on property located at the corner of 3' East and Barney Dairy Road. There was one resident with questions but no opposition. It was recommend by Planning & Zoning that this request be approved for public hearing before the City Council. On July 30, 2001, the City Clerk sent the Notice of Public Hearing for publication in the local newspaper on August 1 and 8, 2001, posted a notice on the property and sent notices to all property owners within 300 feet of the above mentioned property. 6. On August 15, 2001, Stan Roland, on behalf of Jenks Properties appeared before the City Council of the City of Rexburg requesting a Conditional Use Permit on property located at the corner of 3' East and Barney Dairy Road. The purpose of the request is to build 6- Plex apartment units rather than 4-Plex units. There was one comment from the public with regards to this development limiting access to the back yard of opponents property. It was moved and seconded and approved unanimously that the Council take the recommendation of Planning & Zoning and approve the requested Conditional Use Permit on the basis it was the best use of the subject land. Stephen ollinger, City Atton e 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' 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. 51h 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 July 25, 2001 7:00 p.m. Chairman: Davawn Beattie Members: Ted Whyte John Watson Mike Ricks Bobbette Carlson Robert Schwartz Ladawn Bratsman Doug Smith City Clerk: Marilyn Hansen P.F.C.: John Millar City Attorney: Stephen Zollinger Bobbette made a motion to approve the minutes of July 11, 2001. Motion was seconded by John Watson. Jay Jenks Request for Conditional Use Permit for Apartments John Millar read the Notice of Public Hearing John Millar then reviewed the location of the property at 3`d North and 3`d East, zoned Medium Density Residential, which property was recently purchased for apartments. In an MDR zone they are allowed by right to have up to a 4-plex and a Conditional Use up to a 6-plex. They are petitioning for a Conditional Use Permit to put 14-plex and 6-6-plexes on that site. Jay Jenks - 284 N. 575 East, Hyde Park, UT The reason for putting the 6-plexes is to allow for a little more green space opposed to 10 4- plexes, the buildings can be consolidated as well as the consolidation of the parking and less expensive to build. The public hearing was opened. Debbie Heiner - 1168 Barney Dairy Road The Heiners own the property directly across the street from the subject property. There is a trail through there and they are concerned about the extra traffic from the apartments and questioned liability, responsibility, are they required to stop the traffic and would there be any liability if they chose to fence it off. I Stephen informed her that as long as there is no obstruction on the property they would not be held liable for just ordinary foot traffic. The property belongs to them and they have the right to close off their property. The public hearing was closed. Discussion. Robert made a motion to approve the Conditional Use Permit for 1 4-plex and 6 6- plex apartments. Bobbette seconded said motion. All voted aye, none opposed. Request for Sign Variance for Erickson Pontiac John Millar reviewed the information in the packets including the picture and description of the existing signs at their existing location. The sign has been there for 25 years, they are wanting to move that sign to the new business, the sign is 28' tall, the current ordinance only allows 24'. They are requesting a variance to the height restriction or review the possibility of grandfathering the sign. Rex Erickson suggested a change to the sign ordinance for the freeway corridor. There are signs all along the freeway which are much taller than 28', nearly all exits on the freeway up and down the line have signs much taller than the 28' foot one they have. These signs are owned by General Motors, Ericksons leases the signs and originally that sign was on a 12 year lease, once that lease is up then that sign becomes Ericksons at no charge as long as they are in business. They paid nearly $25,000 for that sign when it was put in over the first 12 years. If the variance or grandfathering is now allowed to move the sign as a 28' sign, GM does not make that particular double pedestal sign anymore in a sign shorter than 25'. Their competitors have 4 signs that are that tall or taller and if Ericksons goes to another sign they have to go to a single pedestal and the tallest they make is 16', they will then have to enter into another 12 year lease, which will cost nearly $25,000 for the single pedestal. They are requesting it be grandfathered after having it for 25 years or have an ordinance change for a freeway corridor. Discussion. Stephen stated that grandfathering generally runs with the land or the use and it would be up to the Committee as to that decision. Discussion as to variance or grandfathering. John Watson made a motion to grandfather the GM sign to move to their new location. Motion was seconded by Bobbette, all voted aye, none opposed. Discussion concerning the Sign Ordinance and the possible modification thereof. Glen Pinder Final Site Plan Approval John Watson presented the final site plan for Glen Pinder He reviewed all the details including parking, sidewalk, curb and gutter, and storm drainage. John Millar stated that the only problem building review showed was that HBD requires 90% lot coverage, for this plan there is no problem, however, if someone built on the property to the East there could be a potential problem. Discussion. 2 MINUTES OF THE CITY COUNCIL MEETING August 15, 2001 7:30 p.m. STATE OF IDAHO ) County of Madison )SS City of Rexburg Present were the following: Council Members: Finance Officer: P.F.C. Kay Beck, presiding Nyle Fullmer Paul Pugmire Marsha Bjornn Donna Benfield Richard Horner John Millar City Attorney: Stephen Zollinger Excused: Mayor, Bruce Sutherland Glen Pond, Council President Marilyn Hansen, City Clerk Minutes: Janet Williamson Pledge to the flag. Introduction of Scouts. Donna asked for the date of the band concert in the park (Sept. 15') to be put in the previous minutes. Nyle made a motion to approve the minutes with correction. Paul seconded the motion. All voted aye, none opposed. Donna reminded the Council that the City sponsored "Ice Cream Social" with the Sunbirds will be Tuesday, August 21', Smith Park Gazebo from 6-8:00 p.m. Everyone is invited. Final Plat Approval of Phase III of Hidden Valley Estates John Millar handed out the Final Plat for Phase III of Hidden Valley Estates. It includes 16 lots. It has been reviewed and approved by Planning & Zoning contingent on agency and departmental approval. Paul made a motion to approve the final plat of Phase III of Hidden Valley Estates contingent on departmental approval. Nyle seconded the motion. All voted aye, none opposed. Preliminary Plat Review for Phase IV of Hidden Valley Estates John handed the Council a copy of the preliminary plat for Phase IV of Hidden Valley Estates. It consists of 4 lots. Planning & Zoning has recommended that it be approved conditioned on departmental approval. Marsha moved that Phase IV be approved. Paul seconded the motion. All voted aye, none opposed. Jay Jenks Conditional Use Permit for Apartments Kay opened the meeting for public hearing on Conditional Use Permit for apartments on Barney Dairy Road and 3rd East. Stephen read the Notice of Public Hearing. Kay opened the meeting to public comments. There being no one making comments, Kay closed the meeting for public comments and turned it back to the Council for discussion. It was explained that this is presently zoned for a 4-plex and they want to build a 6-plexes. The site plan as proposed for a 6 plex was approved by Planning & Zoning without any conditions. Paul asked about the canal. They have adequate access east of where the canal crosses to put a road and they have access from Barney Dairy Road. (Plans were shown to the Council.) Because of some people arriving late, Kay opened the hearing to public comment again. Axell Nielson - 230 N. 3`d East He is worried that 2/3's of this building will land lock his back yard. If he wanted to sell off part of that rear portion it would not be possible. John said there is no requirement that someone else provide access to your property. Stephen said that the legal answer to that would be that there is no access to your backyard now. Axell said there is an open field that they can go through. Stephen said that is only because they allow you to. The Garners have owned it and allowed that access but there is no requirement to do so. They could fence it at any time and restrict your access across their property. This public hearing tonight is not really to determine whether they can use their property or not, it is to determine the manner in which they can use it. Kay closed the public hearing and turned it over to the Council. Marsha made a motion to approve the plat for the Conditional Use Permit for the apartments on Barney Dairy Road and 3`d East. Nyle seconded the motion. All voted aye, none opposed. 2"d Reading of Ordinance 858 for Mayor Salary Increase 2"d Reading of Ordinance 859 for Council Salary Increase Stephen read the Ordinances and Kay asked for public comment. Bill Miller, 1730 S. 1000 West Bill asked the justification for doubling the Mayor's salary. Kay felt they did not need to explain that, on the other hand, he thinks the j ob is well worth it. They watch what the Mayor does and have