HomeMy WebLinkAboutFINDINGS OF FACT - Scott Spaulding - 1520 W & 191 S - CUP for Planned Unit DevelopmentFINDINGS OF FACT
FOR
SCOTT SPAULDING CONDITIONAL USE PERMIT
1. On April 19, 2001, Scott Spaulding presented to the Rexburg City Clerk a Request and
Application for Conditional Use Permit on property located at 1520 West and 191 South
in the City of Rexburg, for the purpose of developing a Planned Residential
Development.
2. On April 25, 2001, Scott Spaulding appeared before the Planning & Zoning Commission
for the City of Rexburg requesting a Conditional Use Permit for the development of a
Planned Residential Development on said property. It was recommended that this
request should go to public hearing.
3. On April 19, 2001, the City Clerk sent the Notice of Public Hearing for publication in
the local newspaper on April 23 and May 2, 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 9, 2001, Scott Spaulding appeared before the Planning & Zoning Commission
for the City of Rexburg requesting a Conditional Use Permit on property located at 1520
West and Highway 20 to develop a Planned Residential Development. There was no
opposition expressed concerning this requested zone change. It was recommend by
Planning & Zoning that this request be recommended for public hearing before the City
Council.
On May 10, 2001, the City Clerk sent the Notice of Public Hearing for publication in the
local newspaper on May 14 and May 29, 2001, posted a notice on the property and sent
notices to all property owners within 300 feet of the above mentioned property.
On June 6, 2001, Steve Neilsen appeared before the City Council of the City of Rexburg
requesting a Conditional Use Permit on property located at 1520 West and 191 South.
There were no public comments. It was moved that the Council take the
recommendation of Planning & Zoning and approve the requested Conditional Use
Permit.
Steph n Zollinger, Cityomen y
PLANNING & ZONING
,April 25, 2001
7:00 p.m.
Chairman:
Davawn Beattie
Members:
Ted Whyte
John Watson
Mike Ricks
Glenn Walker
Winston Dyer
City Clerk:
Marilyn Hansen
P.F.C.:
John Millar
City Attorney:
Stephen Zollinger
Glen made a motion to approve the minutes, seconded by Ted. All voted aye, none opposed
Conditional Use Permit for Scott Spaulding for a PRD
John Millar presented to the Board the history and facts for the requested Conditional Use
Permit which is for the development of a Planned Residential Development. This property is
located at 1520 W. and U. S. Highway 20. The requirements for a PRD is through a Conditional
Use Permit.
John Dester was present for questions and reviewed the proposed preliminary site plan and
pictures of the proposed development. This development has 83 townhouses, 7 lots across the
top as a buffer from the Widdison Addition to the townhouses, a clubhouse and an in -door
swimming pool. The small townhouses are 1050 square feet, the larger ones are 1270 square
feet. Discussion.
Ted made a motion to send this Conditional Use Permit request to public hearing, Winston
seconded the motion, all voted aye, none opposed.
Nick Baldwin Request for Storage Sheds
John Millar explained this property is located north of the north water storage reservoir on 7'"
North and east of Leishman Electric's warehouse and is located in the Impact Zone. When
complete this would comprise 140 storage units basically for the use of household storage. The
area is zoned HBD, personal storage units are allowed as a conditional use. Discussion on
fencing, Fire Department, the units do not require parking but there is a 90% maximum lot
coverage requirement. Three items to be considered were the 90% lot coverage, Fire
Department review, and the turn lanes. It was requested Mr. Baldwin bring in the written right-
of-way agreement for our records.
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
Discussion of any conditions that might be required, a park and a play area being built during
phase 3, and the homeowners association.
The public hearing was opened. There was no public comment and the public hearing was
closed. Discussion concerning development agreement, site facilities, off-site water and storm
water, wastewater facilities and pump station.
Doug made a motion to approve the Conditional Use Permit for the Planned Residential
Development overlay for public hearing before the City Council. Motion was seconded by John
Watson. All voted aye, none opposed.
Bobbette made a motion to approve the site plan conditioned upon substantial compliance with
the elevations that have been submitted. Motion was seconded by Ladawn, all voted aye, none
opposed.
Scott Spaulding represented and discussed the Preliminary Plat for the Parkside Development.
These units will be sold individually, each living section will have its own building and lot
number, the property line is from exterior of the building to the exterior of the building. Phase A
is planned for completion this summer.
John Watson made a motion to approve the preliminary plat, seconded by Glenn. All voted aye,
none opposed.
Newport Investment's Request for Zone Change
John Millar explained the location of this 7-1/2 acre parcel of property along South 4" West to
6th or 7th South which is currently zoned HDR. They are seeking re -zoning under HDR2 which
will allow a higher density for married student apartments.
Mike made a motion to approve this request to go to public hearing, seconded by Bobbette, all
voted aye, none opposed.
Dennis Hebdon Request for Conditional Use Permit
John Millar reviewed the sketch of storage units located behind R&B Drive -In on 2"' West.
Over a year ago Dennis received a Conditional Use Permit for 14 storage units, he built those
and then proceeded to build 18 more. The units are built, the inspections were not requested and
not done. He is seeking approval after the fact.
Dennis stated that he did not realize the first permit was for only 14 units. A building permit
was received for the first 14 unit, and Dennis is aware that permit fees will be necessary for the
additional units. Because of a distinct breakdown in communication tonight is a request for
approval after the fact. All the new ones built are interior to the property lines and interior to the
existing approved ones.
2
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:
Applicant
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
Kay Aye Donna Aye
Glen Aye Marsha Aye
Glen made a motion to approve the PRD ordinance, Ordinance No. 854. Motion was
seconded by Kay. Voting as follows:
Nyle Aye Paul Aye
Kay Aye Donna Aye
Glen Aye Marsha Aye
Second Reading of Ordinance 855 amending Zoning Ordinance to add HDR2
Glen asked if anyone in the audience wished to speak for or against Ordinance No. 855 with
relation to the HDR2 amendment to the Zoning Ordinance. There was no comment. Nyle made
a motion to suspend the rules on Ordinance No. 855. Motion was seconded by Kay. Voting as
follows:
Nyle Aye Paul Nay
Kay Aye Donna Aye
Glen Aye Marsha Aye
Nyle made a motion to approve Ordinance 855, seconded by Marsha. All voted aye, none
opposed. Voting as follows:
Nyle
Aye
Paul Aye
Kay
Aye
Donna Aye
Glen
Aye
Marsha Aye
Public Hearing for Conditional Use Permit for Site Plan Approval for Scott Spaulding
John Millar reviewed with the Council the location of the property and the background of
hearings that had been held on this matter. The densities being proposed by the developer will
stay within the guidelines of the zoned density. There is one row of single family residential lots
on the north border which will basically serve as a separation for the clustered housing
development.
Steve Neilsen, developer for Parkside Development, gave a background of the builder and plans
for the development. He provided a slide presentation of the proposed development. The
project will be built in phases, from a feasibility study it is estimated to be built out in
approximately 3 summers. The price range of the units will be $90,403,000, the smaller units
being 1050 sq. ft. and the larger units 1300 sq. ft.
The Mayor opened the public hearing. The public hearing was closed.
Marsha made a motion to approve the Conditional Use Permit to allow configuration of homes
as drawn. Donna made a second to the motion, all voted aye, none opposed.
Final Plat Approval for Scott Spaulding
John reviewed the final plat as distributed. This is different than a normal subdivision in that
you have small lots with everything else held jointly which is administered by the homeowners
association. Planning & Zoning has reviewed the plat and recommended it for approval. Upon
approval this plat will go to the county for a thorough mathematical review and approval.
Kay made a motion to approve the final plat, seconded by Donna. All voted aye, none opposed.
Resolution for grant for Rexburg -Madison County Airport
Mayor Sutherland welcomed Bart Webster from the Airport Board. John Millar explained the
grant in the amount of $5,667.00 is to be used under the airport development aid program to
match FAA funding. It will be used for the purchase of property and the fencing on the west
side of the airport. Discussion.
Nyle made a motion to accept the grant, seconded by Donna. All voted aye, none opposed.
Preliminary Plat for Hidden Valley Subdivision
Gene made a comment from reading the Zoning Ordinance that in any development over 100
homes 10% of the property was to be devoted to green space. The green space was placed where
they felt it made sense then developed around it. Gene explained the location of the 2-1/2 acre
playground or park, the proposed walking path, the berm along North Hill Road and the
remodeling of the family home on the property. Hidden Valley Road will be the access for all
the development to avoid impacting North Hill Road.
Gene commented on the Zoning Ordinance and the practicality of a 5' sidewalk, and a 7' utility
easement around a cul-de-sac that only serves three families. He had discussed this with
Planning & Zoning and was referred to the Council.
Nyle made a motion to approve the preliminary plat, seconded by Donna. All voted aye, none
opposed.