HomeMy WebLinkAboutFINDINGS OF FACT - Ricks College Spori Building - CUP for New Academic Bldg.July 25, 2001
Robert Wilkes
Ricks College
Kim 200 K
Rexburg, ID 83460-1650
Richard Smith
P. O. Box 8
Rexburg, ID 83440
STATE OF IDAHO
RE: Findings of Fact on Conditional Use Permit
Dear Robert and Richard:
P.O. Box 280
12 North Center Street
Rexburg, Idaho 83440
Phone (208) 359-3020
Fax (208) 359-3022
e-mail rexburgOci.rexburg.id.us
Enclosed is a copy of the Findings of Fact for the Conditional Use Permit for the Spori Building
located on the college campus.
Yours truly,
CITY OF REXBURG
Marilyn Hansen
City Clerk
FINDINGS OF FACT
FOR
CONDITIONAL USE PERMIT FOR RICKS COLLEGE SPORI BUILDING
On May 8, 2001, Ricks College presented to the Rexburg City Clerk a Request and
Application for Conditional Use Permit for the construction of the Spori Building located
on the site of the original Spori Building on Ricks College campus in the City of
Rexburg. Said property to be used for a new academic building to replace the Spori
Building, the building will be approximately 44,000 square feet.
2. On May 9, 2001, Ricks College appeared before the Planning & Zoning Commission for
the City of Rexburg requesting a Conditional Use Permit for the construction of the Spori
Building on the Ricks College campus. It was recommended that this request should go
to public hearing.
3. On May 10, 2001, the City Clerk sent the Notice of Public Hearing for publication in
the local newspaper on May 14 and May 21, 2001, posted a notice on the property and
sent notices to all property owners within 300 feet of the above mentioned property.
4. On May 30, 2001, Chuck Frost appeared on behalf of Ricks College before the
Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use
Permit for the construction of the Spori Building on the Ricks College campus. There
was public comment relative to the private citizens being required to comply with the
parking ordinance and that it should be necessary for Ricks College to comply. There
was lengthy discussion concerning the Ricks College parking issue. It was moved that
this request be tabled, allowing adequate time for Ricks College to begin a dialogue with
the City Council and City Engineers to resolve the parking issue then return to the
Planning & Zoning Commission with the plans.
On June 27, 2001, the Planning & Zoning Commission raised the Conditional Use Permit
from the table for further discussion concerning parking at the Spori Building. Robert
Wilkes and Richard Smith appeared on behalf of Ricks College and presented a Second
Addendum to Application for Conditional -Use Permit. There was discussion concerning
this second addendum and a motion was made to send this matter to the City Council
with a recommendation that it be approved consistent with the second addendum,
provided that the parking requirements be approved by the City Engineer.
6. On June 28, 2001, the City Clerk published the Notice of Public Hearing in the local
newspaper, posted a notice on the property and sent notices to all property owners within
300 feet of the above mentioned property.
On July 18, 2001, Richard Smith and Robert Wilkes appeared on behalf of Ricks College
before the City Council of the City of Rexburg requesting a Conditional Use Permit for
construction of the Spori Building on the original Spori Building site located on Ricks
College Campus. There were no public comments. Discussion concerning the need for
parking on the Ricks College campus, the need for parking on the north side of campus,
a possible zoning ordinance change treating the college as a single unit, and the parking
study to be completed by the college should not include any on -street parking spaces. A
motion was made to approve the Conditional Use Permit as presented on the Second
Addendum to Application for Conditional Use Permit with 154 parking stalls being the
necessary number for the new Spori Building.
Stephei Zollinger, City A n y
PLANNING & ZONING
May 9, 2001
7:00 p.m.
Chairman:
Davawn Beattie
Members:
Bobbette Carlson
John Watson
Mike Ricks
Glenn Walker
Winston Dyer
Ladawn Bratsman
Doug Smith
City Clerk:
Marilyn Hansen
P.F.C.:
John Millar
City Attorney:
Stephen Zollinger
Mike made a motion to approve the minutes of April 25. Motion was seconded by Winston, all
voted aye, none opposed.
Because of a conflict in scheduling the regularly scheduled Planning & Zoning meeting for June
13 will be canceled. The June meeting will be replaced with a meeting on Wednesday, May 30
at 7:00 p.m.
Ricks College Request for Conditional Use Permit
John reviewed the application from Ricks College for construction of a building to replace the
Spori Building which had been demolished. The Zoning Ordinance states that any building over
10,000 sq. ft. in the University Zone requires a Conditional Use Permit.
John Watson made a motion to send the Ricks College request to public hearing, seconded by
Bobbette. All voted aye, none opposed. Glenn abstained, he had just arrived.
Public Hearing for Conditional Use Permit for Scott Spaulding
John Millar reviewed the Parkside Planned Residential Development on land located south of
the Widdison Addition. Under the Zoning Ordinance a PRD requires a Conditional Use Permit.
John Dester showed slides of other developments he has done and reviewed the plans for this
development. This project will be done in four phases with the beginning phase in the upper
right hand corner of the map, including all 7 lots and the first 4 buildings, the club house will be
included in phase 2. Discussion
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the City Council of
the City of Rexburg, Idaho, Wednesday, July 18, 2001, at 7:40 p.m., in the City Council
Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding
a Conditional Use Permit for construction of an academic building at the Spori Building
location.
The said property is located at the North End of Ricks College Property at the site of the
original Spori Building, Rexburg, Madison County, Idaho.
At such hearing the City Council will hear all persons and all objections and recommendations
relative to such proposed approval. The City Clerk will also accept written comments at City
Hall prior to 4:00 p.m. on July 17, 2001.
This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and
all amendments thereof.
DATED this 28" day of June, 2001.
City of Rexburg
ByQ1�fiX���`riov—,r
(SEAL) Marilyn Hans n, City Clerk
Published: June 29, 2001
July 11, 2001
Chairman:
Members:
City Clerk:
P.F.C.:
City Attorney:
Final Site Plan - Scott Spaulding
PLANNING & ZONING
May 30, 2001
7:00 p.m.
Davawn Beattie
Ted Whyte
John Watson
Mike Ricks
Glenn Walker
Winston Dyer
Bobbette Carlson
Ladawn Bratsman
Doug Smith
Marilyn Hansen
John Millar
Stephen Zollinger
John Millar discussed the two separate issues before the Board, the final site plan for Phase I and
the subdivision plat. The site plan has been reviewed and there are some things missing that are
required by the Ordinance, the right-of-way width on the public street needs to be changed to 68',
the radius on the circle at the end should have a minimum 45' radius. The storm drainage for
Phase I also needs to be clarified. The ordinance states that 8 visitor parking stalls are required
and the plan provides for 11. For the final plat a landscaping plan is required, including
sprinklers, signed by a landscape architect along with a lighting plan. Scott explained the
lighting consists of street lamps at each residence. The Fire Department requests the
north/south alleyway that runs left of the buildings go through to connect with the street to allow
them better access. Discussion concerning retention pond, water, wastewater and pump
stations.
John Watson made a motion that the site plan for Parkside Development Phase A as drawn and
consistent with the requirements of the Public Works Director be approved. Motion was
seconded by Ted, all voted aye, none opposed.
This development requires a subdivision plat. John Millar requested a clarification on the plat
of what is common property, what is limited common and what is private ownership.
Discussion. Before the plat is filed the City needs to receive the Homeowners Agreement and
the Irrigation Release Agreements along with the agreement relative to the ditch that runs
through the property. The other main items needed are the 68' street and the 45' radius on the
circle.
5
MINUTES OF THE CITY COUNCIL MEETING
June 6, 2001
7:30 p.m.
STATE OF IDAHO )
County of Madison ) SS
City of Rexburg )
Present were the following:
Mayor:
Council members:
City Clerk:
P.F.C.:
City Attorney:
Pledge to the flag.
Bruce Sutherland
Kay Beck
Paul Pugmire
Nyle Fullmer
Marsha Bjornn
Glen Pond
Nyle Fullmer
Donna Benfield
Marilyn Hansen
John Millar
Stephen Zollinger
Kay made a motion to approve the minutes, seconded by Glen. All voted aye, none opposed.
Fireworks Applications
The following fireworks applications were submitted for approval:
A_nnlicant
American Promotional Events, Inc.
Jim Horkley
Bruce Weaver
Dino -Mite Fireworks
Jared Jensen
Location
Wal-Mart#1878
Broulim's Market
Beehive Bookstore
Vacant lot across from BMC
Albertsons
Valley River Center
Staples Parking Lot
Taco Bell
Motion to approve the fireworks applications was made by Kay, seconded by Glen. All voted
aye, none opposed.
Second Reading of Ordinance 854 PRD Ordinance
Discussion. Glen asked if anyone in the audience wished to speak for or against the PRD
Ordinance No. 854. There was no comment. Glen made a motion to suspend the rules for
Ordinance No. 854 to bring the Ordinance before the Council for passage. Motion was seconded
by Kay. Voting as follows:
Nyle Aye Paul Nay
Kav Ave Dnnna Ave
Ricks College Spori Building
John Millar reported that Ricks College brought the Spori Building plans before the last
Planning & Zoning meeting with the concept that they would like to study the parking for 3-6
years and then address the issue. Planning & Zoning looked at it, tabled the request for further
review. Discussion concerning the number of visits with Ricks College representatives
requesting parking plans for the Spori Building, they still feel they want to study the issue and
feel that parking at this time would be superfluous and is beyond reason that the City would
make them build a 150-250 car parking lot somewhere with church money and it would not be
utilized. The feeling at the end of the discussion is for them to come to Council meeting in two
weeks and request two things, one that the Council consider a university system for determining
parking on campus which would eliminate the 200' requirement, and that the formula for
calculating the number of parking stalls is wrong and it be looked at on a campus wide basis.
The College does not want to address parking for the Spori building, period.
John presented a parking lot plan to the representatives that would work, solves many problems,
does not create any new problems and in comparison to other places is inexpensive to build.
which lot is located on the practice field adjacent to the Manwaring Center. Discussion on
parking, closing 2nd South or using parking meters on the perimeter of campus.
Glen made a motion to adjourn, seconded by Paul, all voted aye, none opposed.
Bruce Sutherland, Mayor
Marilyn Hansen, City Clerk
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' South and 51 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.
John made a motion to recommend to City Council that the Conditional Use Permit be granted
provided that Ricks College construct the appropriate number of spaces to be determined by the
Engineering Department in conjunction with Ricks College and discussions relative to the use.
Motion was seconded by Robert, all voted aye, none opposed.
Robert made a motion to amend the zoning ordinance thereby relieving the campus of the 200'
parking requirement. Motion was seconded by Bobbette, all voted aye, none opposed.
It was suggested by Ted that the parking study include adjacent property owners and apartment
owners to see how it impacts those people, the City streets, public parking and faculty parking.
It was felt the study should be expedient for the benefit of everyone.
MINUTES OF THE CITY COUNCIL MEETING
July 18, 2001
7:30 p.m.
STATE OF IDAHO )
County of Madison ) SS
City of Rexburg )
Present were the following:
Mayor:
Council members:
City Clerk:
Finance Officer:
P.F.C.:
City Attorney:
Pledge to the flag.
Bruce Sutherland
Paul Pugmire
Nyle Fullmer
Marsha Bjomn
Glen Pond
Donna Benfield
Marilyn Hansen
Richard Homer
John Millar
Stephen Zollinger
Marsha made a motion to approve the minutes of July 3, 2001, seconded by Nyle. All voted aye,
none opposed.
CART Request for Funding
Denise Miler was representing CART and presented information which had been requested by
the Council at the last meeting. CART is looking at a possible $4,000 donation but starting this
year at $2,500. The rides in Rexburg are 60% of CART's service, 40% of what CART provides
in service is in Fremont County, there is $2,500 funding requested from City Council, Fremont
County donates $4,000 and Madison County donates nothing at this point. The ridership
breakdown for June are 20% of the rides provided are for trips of a 5 mile distance, total rides
for the month of June are 1,635. Discussion concerning funding from Madison County.
Marsha made a motion to donate $2,500 as requested. Motion died from lack of a second.
Donna made a recommendation to table this request until Madison County has the opportunity to
discuss the request. It was requested that Denise meet with the County Commissioners then
return to the City Council with this request.
Mayor Sutherland welcomed the scouts.
Public Hearing on Conditional Use Permit for the Spori Building at Ricks College
The public hearing was opened. Robert Wilkes and Richard Smith were present representing
Ricks College.
Richard Smith gave a history of the request for the Conditional Use Permit and the time frame
involved. The proposal and recommendation from Planning & Zoning is that the required
parking for the Spori Building can be located anywhere on campus and from this point forward
the college will be treated as a single property and placement of parking would be at the
discretion of the college. Discussion of treating the college as a single unit, providing the
required number of parking places, the 200' limit requirement, the calculation of parking spaces,
parking lot will be built prior to the occupancy of the Spori Building.
Glen stated that apparently the College is not planning on any parking near the Spori Building.
Because of the congestion on 2nd South there will be a time when the parking will be eliminated,
many professors and college people will be complaining and he highly suggests the college put
some type of parking towards the north end of the campus. This plan may pass but it will not
alleviate the problems the City has with 2' South.
Nyle commented that he has a slight problem with the fact that we are not enforcing that aspect
of the ordinance. For the number of people and comments received when a dozen parking
spaces were eliminated in front of the Snow Building, it is perceived as a problem. When the
parking study is accomplished he admonished the college to realize that the on -street parking
spaces are not taken into account because those could be taken away. Richard stated that the
study will include heavy input from the City
Paul reiterated that in his statement supporting the change in the 200' requirement in the
University zone that the right-of-way of 2' South or any other public street is not zoned
University so street parking is not included in that. Discussion.
Paul made a motion to approve the Conditional Use Permit as presented on recommendation of
Planning & Zoning.. Nyle seconded the motion. All voted aye, none opposed.
Robert Wilkes expressed his appreciation to everyone for the serious thought into this matter and
for helping begin the Spori Building.
Public Hearing on Annexation and Zone Change on Nelda Jeppesen Property
Mayor Sutherland urged the crowd of citizens to keep things positive, everyone has a right to
speak and we will listen to every person but suggests that if a neighbor or friend says the same
thing you want to, you allow their testimony to stand.
The public hearing was opened.