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HomeMy WebLinkAboutRFD - 22-00042 - Brigham's Mill Apartments - 431 S 3rd W - Condo Plat #22 00042 Condominium Plat Brigham’s Mill 431 S 3rd W January 13, 2022, An application was received to change the Brigham’s Mill dormitory apartments to a condominium plat from Angie Valdez. January 19, 2022, Fees were paid. January 27, 2022, Proof of Ownership was received for Sweetwater Properties LLC. February 10, 202, Staff Reviews were completed and plat revisions were requested. February 14, 2022, Plat Rev. (1) was received. February 22, 2022, Staff Reviews were completed for Rev. (1) and revisions were requested. February 28, 2022, Plat Rev. (2) was received. Additional review fees were paid. Reviews were completed and the plat was approved. Plat Rev. (2) was sent the Madison County Surveyor for review. March 7, 2022, the Madison County Surveyor requested revisions. The request for revisions was sent to the applicant. March 8, 2022, Plat Rev. (3) was received and sent to the Madison County Surveyor for review. March 17, 2022, Alan Parkinson presented the application to the Planning & Zoning Commission. (22-00042) Brigham’s Mill Apartments – 431 S 3rd W – Condo Plat. An existing apartment building is being platted for individual sale of units as condominiums (Shown below is PG1 of 4). (action)     Applicant Presentation: Greg Nelson – 629 N 3510 E, Menan, ID – He is proposing to do a condo plat on an existing apartment complex. There are thirty-one (31) units that will be condo platted. Earlier this evening, the need for housing was mentioned. We would like to help with that need for housing. Commissioner Questions: Chairperson Smith asked the applicant if the thirty-one (31) existing units constitute the entire apartment complex in Brigham’s Mill. Greg said the entire building is being platted. Chairperson Smith asked if they are 3-bedroom units. Greg said they are. Eric clarified each unit could be sold individually if approved. He asked who would live in the units. Greg said the units could be owner-occupied or rented. Staff Report: Alan Parkinson – The property is currently dormitory with 186 students. There is a Conditional Use Permit (CUP) for reduced parking for dormitory that Greg will lose when he converts this building from dormitory apartments to condominium units. Instead of 62% of 182 parking stalls required, 2 stalls per unit will be required. They exceed the number of required parking spaces for condominiums as single-family units. They may have additional parking they can rent to other properties. There is no additional impact to sewer, water, and roads. The structure is not changing. This condo plat is legally designating each apartment to be sold individually as condo units. Staff has visited with the college, but the units cannot be turned around and rented to BYU-Idaho, single students as dormitory for approved housing. Commissioner Questions: Aaron confirmed married BYU-Idaho students could live in these units. He said you have to balance a housing shortage on both sides. Chairperson Smith’s heartburn was when this project was brought to the city, this project was always intended to be single-student housing. Reduced parking was granted. She knows this is financially helpful to these apartment owners. But she sees this opening the door to other apartment owners that have single-student housing. This request is changing the dynamic. The college is not getting any smaller. Eric asked if this was taking 186 students out of approved college housing. Would the college remove this housing from their approved housing? Alan’s understanding for BYU-Idaho is they would not approve dormitory housing per unit. Attorney Rammell said we cannot control the housing conditions the school puts on those who provide single student housing. In Provo, Utah this situation does not exist. What is to stay the college will not loosen certain standards to provide opportunities for housing? Alan said it is not our responsibility, as a city, to maintain the student housing. Staff has talked with the university, so they understand what is happening. Staff and the Commission need to look at this request and determine if it meets the Development Code and if it is a good place within the city for this type of use. Eric’s concern is because of the economic benefit, there will be a flood of plat requests where we would find ourselves without any single-student housing. Attorney Rammell said that could be addressed at the preliminary plat stage if it occurs. Alan said he cannot get into the economics of the applicant’s business. All he can say is whether or not the applicant does or does not meet the requirements. Supply and demand will drive the private sector. Attorney Rammell said the Commission is speculating; not all of those proposals will line up the way this one will line up. Chairperson Smith said the beauty college students could live in this housing dormitory-style. Vince said dormitory is single-people housing. The parcel is located in the Pedestrian Emphasis District (PED), which is designed for higher-density housing with lesser parking requirements due to the ability to walk to nearby amenities. This property will continue to be higher-density. Alan said we are not changing the density, this is only changing how these units will be sold. Eric said from a planning perspective, with the PED zone, we have approved this area for single-student housing. Vince corrected, the area is not approved for single students only. Vince referenced Aaron’s comments of a housing shortage on both ends - what we have seen is a higher-density of single-student housing around the campus, but I am sure there would be a high-density of married students who would love to not have to drive to campus. Chairperson Smith said the beauty college students could live in this housing dormitory-style. David said if you figure parking per unit as family, how is the possible dormitory-style living figured in to an equation if used by students other than single-students at BYU-Idaho. Alan said the request meets the requirements at this time. If the parking situation causes problems on the city streets due to lack of parking from too many cars of residents to fit in the parking lot, the cars will be ticketed. In a single-family home, if you have six kids, each with their own car, and they park in the driveway, the problem comes when they park on the street. Vince said this is something the Commission does not have to worry about, because Staff has figured the parking out. Aaron clarified the CUP does not have any restrictions the building must remain dormitory; it was only for the reduced parking. David confirmed the new use does not require a Conditional Use Permit (CUP), because they will have more than the number of parking stalls required. Greg said there are 112 parking stalls. Alan said only about 60 stalls are required. Parking is figured per bed for dormitory. The condo units would require parking of 2 stalls per unit. Attorney Rammell said to approve a final plat, the governing board determines if the plat complies with State law, the Comprehensive Plan, and the conditions required at the preliminary plat stage. Vince clarified if the plat meets the criteria, it needs to be approved. Attorney Rammell said the debate could be whether or not the request meets the Comprehensive Plan. Vince went back to the Comprehensive Plan. Conflict of Interest? – Chairperson Smith asked the Commissioners if they have a conflict of interest or if they have been approached by any parties relative to this particular subject. If you believe your prior contact with respect to this subject has created a bias, you should recuse yourself, otherwise at this time please indicate the nature of your conversation or contact. None. MOTION: Motion to recommend to City Council to approve the new plat for Brigham’s Mill Apartments, allowing the individual sale of units as condominiums, because this meets all the requirements of the Comprehensive Plan Map designations, the Pedestrian Emphasis District (PED), addresses the housing needs of Rexburg residents, and exceeds the parking requirements., Action: Approve, Moved by Aaron Richards, Todd Marx seconded. Commissioner Discussion on the Motion: None VOTE: Motion carried by unanimous roll call vote (summary: Yes = 10). Yes: Aaron Richards, Bruce Casper, David Pulsipher, Eric Erickson, Jim Lawrence, Randall Kempton, Sally Smith (Chairperson), Todd Marx, Vince Haley (Vice Chair), Brad Wolfe. April 6, 2022, Alan Parkinson presented the application to City Council. Condo Plat Approval for Brigham’s Mill at 431 S 3rd W #22-0002 – Alan Parkinson Planning and Zoning Administrator Parkinson reviewed the Condo Plat for Brigham’s Mill. Council Member Johnson expressed her concerns with this proposal of turning university dormitory housing into condos and the possibility of them becoming short-term rentals. City Attorney Zollinger explained additional parking would be needed for the proposed condos to be rented as a short-term rental. An additional parking stall per door would be needed for a short-term rental use. Planning and Zoning Administrator said to operate a short-term rental in the city an application needs to be submitted. After, the application is submitted, it is reviewed to determine if the requirements can be met. Council Member Chambers said he understands Council Member Johnson’s concerns; however, this property has met the parking requirements, green space, and all other requirements to change to condo style housing. He said he spoke with a university representative and was informed there are 16,000 beds within the Pedestrian Emphasis District. Brigham’s Mill has a total of 180 beds. He is concerned this request could cause a domino effect with other dormitory style housing. He was also concerned the condo owner would rent the rooms to students; however, the university tracks the student’s addresses to insure they live in university approved housing. Council Member Erikson asked about the amount of visitor parking available at Brigham’s Mill. Planning and Zoning Administrator Parkinson said there is sufficient visitor parking. By changing from dormitory housing to condominium housing they have an excess amount of parking. All the planning and zoning requirements have been met to allow the change to condominium housing. Council Member Erickson recommended tabling the request to address some of the Councilmember’s concerns. Ryan Nielson said he is the owner of Brigham’s Mill. He mentioned out of the 16,000 beds 5,000 of those are sitting vacant; however, there is a waiting list for community members trying to find housing. There is a demand in the market for single family housing. The concerns with other dormitory housing units desiring to change is very difficult because of the requirements having to be met. He said the amount of debt a dormitory complex has, will cause difficulties when wanting to change to a condo style housing. Most lenders will not approve loans in which there is collateral on the other properties. Council Member Chambers moved to approve a Condo Plat for Brigham’s Mill at approximately 431 S 3r W; Council President Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Chambers Council Member Johnson Council Member Walker Council Member Erickson Council President Busby The motion carried.