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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.