HomeMy WebLinkAboutLETTERS - 99-00003 - Nauvoo Apts - New BuildingLAW OFFICES OF
STEPHEN J, McGRATH McGRATH'� MEACHAM, DECKER SMITH, RLLC
P SWAN VALLEY OFFICE
1.� � P. h� EAS
'OST OFFICE: BOX 50731 980 RAINEY CREEK ROAD
KARL R. DECKER SWAN VALLEY, IDAHO 8--3-449
BRYAN D.SMITH- IDAHO FALLS, IDAHO 8:3405 -rE:L (208) -qE33- 20.02
mALSO ADMITTED IN CALIFORNIA
TELEPHONE (208) S2-4-07.31
FAX (205) S29-4166
May 30, 200-1
City of Rexburg
Attn: John, Millar, Public Facilities Director
12. North Center
Rexburg, ID 8344d
Re: David G. Beckstrand
Deas John:
Nauvoo House.
have prepared this leiter to confirm our meetings on April 17 and May 10, 2Q01. I have
enclosed the follolwing documents for your review:
1. A current or "as -built" Site Development Pian
�. Grading Plan, dated January '15, X999
In accordance with your request, the Site Development Plan discloses the utility lines,
including the water lines.
The, city of Rexburg issued a Conditional Use Permit to Mr. Beckstrand on October 21,
1X95. Since then, Mr. Beckstrand has competed the: construction of �.pp���irnately 60 percent of
the project. The city of Rexburg issued the most recent Certificate of Occupancy, to Mr. Beckstrand
on September S, 2000. The construction to date includes one-haIf of the apartments for the
students, as well as the manager's apartment.
apartment;
units.
Nauvoo House currently has 16 wits; each unit has three floors; each floor has one
and each apartment houses six students. The Nauvoo Hou -se will ultimately have 32
The Site Development Plan discloses that the requisite number of spaces for parking is 40?
and that the Nauvoo House will have 42b spaces for parking; thus, the Nauvoo House will exceed
the requisite number of spaces forparking by 19.
John Millar
May 30, 2001
Page, 2
In order to determine the requisite number of spaces for parking., please note the foHowing:
32 units
x 3 floors
96 apartments
96 apartments
x G students per apartment
576 students
57d students
x .7 ratio dor parking
403 spaces for parking
403
spaces
for
parking
+ 4
spaces
for
management
X07 spaces for parking
The original rano for parking was 0.7 spaces per person; however, the city of Rexburg
recently amended the ratite for parking to 1.0 space per person. The amendment occurred after the
issuance of the Conditional Use Permit.
As Previously stated, the city of Rexburg issued the most recent Certificate of Occupancy
to Mr. Beckstrand on September 5, 2000. Mr. Beekstrand sent a fetter to you on September,21,
2000, requesting a "formai letter" from you, statim that the original ratio for parking of 0.7 spaces
per person will still apply to the remainder of the construction of the Nauvoo House. I have
enclosed a copy of Mr. Beckstrand's letter for your review.
I met with you and Stephen Zollinger, attorney at law, on April 17, 2001. Thank you for
agreeing to send a letter to Mr, Beekstrand, granting his request. Please sent the fetter to
Mr. Beckstrand as soon as possible, as well as a courtesy copy of such letter to me.
Please let me know if you have any questions or commends. Thank you for your
cooperation.
Respectfully yours,
R. Seaga
Mr. John Millar
City Engineer
City of Rexburg
Z:�
September 21, 2000
Dear John'.
From discussions with Jared Sommer, I Understand that the pity
RexburaCouncil
1as� t"_ , night
and passed a requirement of one parking space per tenant on future city approved student
a
apartment construction projects.
wprojectAs you know, we have now completed about 60% of the, construction that was a roved
P
by the Rexburg City Council a couple of years ago. Because approval was given two years ago
by the Council on our whole project, I felt like the 'issue was a non event from a Nauvoo House
perspective. On the other Viand, rememberingumcanon
the lack Of C khat existed last year
regarding fire code 'issues, I thought 'it appropriate to raise the parking issue now in order to
clarify any issues,
d.
My understanding is that all student apartment construction prajects approved Prior to last nights
meeting will be grandfathered at whatever parking space requirement existed at the time City
Council. approvals were given.. 1'vZy prOlect was aDDrovc( at.7,s-navev, nPr qfiiriiant vvTb; -% b ci I -F
the Nauvon House plans reflect. -1 mould assume that construct'
'on approvals that oc
to the Nauvoo House approvals are also grandfathered at .7 spaces or in some cases
several years, an even smaller parking space �erc�ntage requirementV
curred prior
going back
I would suggest that the City Council, after checking their records to verify that my statements
are correct regarding the Nauvoo House complete praject being approved at .7 two years ago,
issue me a formal letter statin that fact so that no clarifications
.9 . are needed in the future.
I have enjoyed my working relationship with you and other city officials in Rexburg. As I have
s-tated publicly and privately, you, and the city in general, have been most supportive of my
Project. In turn, I have, tned to build a facility that students of Ricks College, Rexburg residents
and the City Council can be proud of.
IfI can be of any further assistance,, you can reach me at 557-0203.
Thanks fax your continuing support.
Sync
Davi'
H
}
Mr. Jay Rice
Sundberg & Associates
1 111 East 16'' St.
Idaho Falls, Idaho 83404
RE*- City of Joseph Apts
Navoo L.L.C.
Dear Jay,
STFE OF IDAHO
12 Morih Center Sirelat
Rexburg, Idaho 83440
Phone (208) 359-3020
fax (208') 359-302.2
-,marl rexburg@srv.nek
April 26., 1999
Reference is made to your request to use the 3z1 EXCEPTION to Sec. I 1Q"I
3.2.2 - Accessible Route of
the 94 UBC. From the siert of your design for this apartment complex, you were aware that it had to
meet the Handicapped Accessibility requirements of the SBC and the Fair Housing pct. As Architect
for the project xt was your respons�bi�ity to desi�;;n the apartment units in loth the horizontal and
vertical planes so they would meet the Handicapped Accessibility requirements. We have discussed
with you, on several occasions the need to provide handicapped accessibility as part of your overall
project design: You apparently made a conscious design. decision to keep the north end of the
apartment complex and the Mansion I -louse at a considerable height above the sidewalk along 5'
South Si. You could have mare var�.ous other design decisions that would have made the north end
of the apartment complex more easily handicapped accessible. It therefore appears ihat . .s you
planned the height of the present apartment facifiicst, khat you must have also planned to include
handicapped accessible ramps to ��i u� to them. As there is adequate width and length i -n the area
between the back of sidewalk along 5' South St. and your sidewalk connecting the Mansion Ifouse to
the apartment complex, we suggest that you design and construct handicapped ramps that will connect
your apartment complex to the public sidewalk along 51 South Ste The subject EXCEPTION given
in the UBC 1s one even to take care of insurmountable problems with existing site conditions: it was
not established as a method for correcting problems that the architect's design has created. This office
preciously providedinformat'you with on on handicapped cramp slopes and cross sections. Please
provide this office with a detailed:, complete site pian that includes the subject handicapped ramps.
If you do not agree with the decision of this office, please let me know and I will schedule a meeting of
the Board of Appeals for the Uniform Building Code; and yon canpresent your proposal to them for
their review and decision.
Very tr
00
CITY ENGINEER & BUILDING OFFICIAL
JRW & Associates
Attn: Jahn Watson
49 Professional Piz
Rexburg ID 8"3440
RE: Shelbourn Apts.
Dear John.:
CiiV,
I Yi
TATE OF 1
12 North Cept!.Aer Street
Rexburg, Idaho 83440
Phone (208) -3020
Fax (208) 352-3,022
e-Maii mbUTg@SP,1,ret
As a follow-up to our meeting an April 30, I am documenting decision. than -t. were made at
that meeting. The discussion included doe Lai'rd, yourself, Jahn Mi 11ar, Jarred Sommer'
who
represents Nauvoo House.
It was decided at that meeting that on the Shelboun-1 Compie� iha� you wou�� work
directly with your owner to arrange for the en�rneeri�g �pp�ro�val in construction of the utility
dines that are on -sits and also fax the sewer dine which rung north/south along the w��t gide of
your building.
It was also determined that Nauvoo :Rause would work with thI-r d,v,lc�p3n� engi��er
and contractor to 'install any onsite utii���es ine�udxng the sewer line which runs along tie west:
side of their building.
The Cit
Y will negotiate, a contract with Harper -Leavitt to do the engineering services on
those utilities which lie within the road way right-ol way and also the curb, gutter, sidewalk and
road construction involved within the Cl*ty right -of way,
it is anticipated that the cosi incurred by both develo ers for uiinties which serve
properies beyond current excIffing usas v�ri�� be eligible for financing throu!ah the Local
Improvement District Program. Those utilities which �er�e only the an -site needs cannot be
inclu+ded in the L.I.D.
A cletermination needs to "oemade, w -Ah the, Cii�% Financial C3ffcer as to, whethcr or not the
citi can front the cost for the utility extensions U11til such time that the L.I.D. is concluded -and
aonds can be sold.,
0 W
Both developers will retain an architect or engineer to supelnpise the constri. c ion Ot
U 'lit"es involving t�ie�r-OL, respective projects and City will be caped on all inspection repofts and a.
WCIC.Ilkly log ol'testine, and inspec�uc�ns will be furnished to the City Engineer. It is also �r�.uor�ant
L-7
that as -built drawings be m.a1*nta.'_n-ed and that once the work 'is -completed that these be f Ind with
the City Engineer office. All e1i k gible cost that are 'incurred must be throughly documented so
thD�str�ct.at-they can be includedinthe Local Improvement Reasonable engineeri'ng or
architectural cost can also be included�n the 'incurred cost for the Local Improvement District.
We ill be meeting the week of May TLd with the City Financial Staff to determine the
exactly what procedures need to be followed for interim. financing of the utili-ty extensions or
other work that will be 'involved in the Local Improvement District. If you have questions or feel
that this letter does not adequately represent the discussion made at the meet'
ing please contact
me at your connivance.
Ver�Truly Yours
ohn
M-,
Public Facility Coordinator
JM/dj
cc: Jarred Sonuner
Joe Laird
Mayor Bruce Sutherland
Richard Homer
CITY OF REXBURG
Uniform Building Gide Appeals Board
12 N Center
Rexburs Idaho 83440
October 4, 1999
Mayor and Council Members
City of Rexburg
PL Box 280
Rexburg, ID 83440
RE. Fire Alarm System, Nauvoo House
Deas Mayor and Council.-
The
Building Code Appeals Board met Thursday, September 30,1999 to consider an appeal mads by the
owners of the subject project. In constructing the two p�es��t�� com��etet� apartment structures, the owner
opted to install an exterior alarm sounding device allowed by the NFPA Fire Codein lieu of alarm system
sounding ire each living.area. Code requirements specify the exterior warm system be capable of producing
a sound exceeding ambient sound levelsin the living areas by 15 decibels minimum. A daytime test of the
exterior alarm system has demonstrated difficulty in the exterior alarm system being able to achieve the
additional 15 decide! sound level inside the brUilding,.apparentl y due to the'insulated masonry construct1h
ion
of the structure also insulating against sound_
I have been authorized on behalf of the Appeals Board to report our decision. from the evidence presented,
we feel the nature of construction and the present fire warm system adequately provide for the safety of the
occupants. We recommend that no further action be required other than to notify the owners of this
decision. We wish to clarify that this recommendation applies only to the two presently constructed
structures; subsequent phases of this complex or at
Planned to meet all applicable �vd� provI"sions., her similar structures constructed bar others should be
Should there be questions or concerns regarding this
individually or reconvene the Board at your convenience.
Sincerely,
CITY OF REXBURG
BUILDING CODE APPEALS BOARD
Winston R_ Dyer, PE
13oard Member
WRD/bbt
cc: Jahn Millar/Rexburg Public Facilities Coordinator
Nauvva House
Ted Hill
Bart Stevens
Join Watson
recommendation, we invite you is contact us