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HomeMy WebLinkAboutRFD - 22-00142 - University View - 649 S 2nd W - Condo Plat 1 | P a g e #22 00142 University View Condominium Plat 649 S 2nd W 1. March 10, 2022, An application was received for a Condominium Plat for the University View Apartments from David McKinney with Horrocks Engineers. 2. March 21, 2022, Fees were paid. 3. March 22, 2022, Proof of Ownership was received. A Parking Management Plan was received for review. CC&Rs were sent to Attorney Zollinger for review 4. March 24, 2022, revisions for the CC&Rs and short-term rental language amendments requested. Parking Management Plan revisions requested. 5. March 28, 2022, Plat revisions were requested. 6. April 12, 2022, Plat Rev. (1) was submitted. This plan was not reviewed, because within the 10-day review period Rev. (2) was submitted. 7. April 19, 2022, Plat Rev. (2) was submitted. 8. April 26, 2022, Staff Reviews were completed for Rev. (2) and revisions were requested. 9. April 28, 2022, Plat Rev. (3) was submitted. 10. May 2, 2022, Plat Rev. (3) was approved. 11. May 10, 2022, CC&Rs Rev. (1) was received and approved. Plat Rev. (3) was sent the Madison County Surveyor for review. 12. May 16, 2022, Condo Plat Rev. (3) submitted April 28, 2022, was received from the Madison County Surveyor requesting revisions. 13. May 17, 2022, Condo Plat Rev. (4) submitted May 17, 2022, was received and approved by the Madison County Surveyor. 14. May 19, 2022, The Staff Report was approved and attached to the permit. Alan Parkinson presented the application the Planning & Zoning Commission. 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Reason for Decision City of Rexburg 2 | P a g e (22-00142) University View – Condominium Plat – 649 S 2nd W. The request is to change a dormitory-style apartment complex into condominium units that can be sold separately. The CC&Rs state there will be no short-term rentals allowed until additional parking is acquired or until changes are made to the short-term rental language in the Development Code. There are 152 units. The plat covers 5.11 acres – Beau Jaussi (action) (48:57) (PG 1 of 13) Applicant Presentation: Kindi Moosman - 2775 W Navigator Dr. Suite 210, Meridian, ID - She thanked the Commission for letting her join them remotely. She is a planner with Horrocks Engineers and is presenting on behalf of her team and their client, Beau Jaussi, who is attending the meeting in person. David McKinney, the surveyor, is also available online and he will also be able to answer any technical questions the Commissioners may have. They are hoping for a recommendation of approval to the City Council. This plat is very simple, straightforward, and is in line with all city codes and standards. The purpose of this plat is to take current apartments and change them to condominiums to be able to be sold individually. Approval will allow these units to provide affordable housing for first-time homebuyers. This will diversify the available housing in the community and around the university campus. The condominiums will provide muti-family housing that is not regulated by the university. There are one hundred fifty-two (152) units, and the project covers just over five (5) acres of land. There are no changes to the buildings themselves; they will remain as they have for several years now. Kindi referred to page 3 of the Staff Report section A; this section refers to a specific part of the city’s Comprehensive Plan. This note indicates the request in compliance with the Comprehensive Plan. Commissioner Questions: Jim asked about the current occupancy. Beau answered the occupancy is about fifty-one (51%) percent for the spring semester. Overall, the occupancy for housing is a little under seventy (70%) percent for the spring semester. The overall 3 | P a g e occupancy for the year is about eighty-six (86%), excluding the summer months which is about fifteen (15%) percent. Jim continued of the fifty-one (51%) percent of residents there now, do they have contracts that go to the end of the spring term? Beau answered the contracts will be honored until August. At that point, he will work on finalizing the conversion. Chairperson Smith asked about the parking situation – in the description it says some of the units will have one (1) parking stall and others will have two (2) stalls. Beau said the standard is two (2) stalls per unit, but with a Parking Management Plan the city allows a reduction of twenty-five (25%) percent in the Pedestrian Emphasis District (PED). Troy, with BYU-Idaho, told him about the Plan, when Beau talked to him about not being able to meet the parking requirement. He has worked with Tawnya, Alan, Stephen, and his engineers to put together the Parking Management Plan. Three (3) stalls will need to be added to the current parking configuration. The CC&Rs state everyone will have one stall and the stalls will be assigned. There will be open parking and designated visitor parking. For enforcement, there will be towing as a first-time offense. He believes this will take a lot of parking off of the street. McKay asked about the comparison of the parking requirement for the units currently with six (6) students in them verses the units becoming family units, which has the larger demand for parking. Beau answered the students by far have a higher parking usage. He anticipates a majority of family units will have one or two cars. Chairperson Smith confirmed that six (6) people could be in a single unit, even as a single- family unit. She confirmed the short-term rentals would not be allowed. Beau said he does not have the parking for the short-term rentals. He will know who is supposed to be parking in his parking lot and who is not. Staff Report: Alan Parkinson – Most of the points have been covered that affect this project. Parking will be managed. All of the facilities are currently being serviced by sewer and water. No changes will be made to the buildings. It is just the factor of changing the units from dormitory to condominiums that the Commission is addressing tonight. A condominium plat is a newer kind of plat for the city and Staff has been working to determine the information that needs to be shown; there has been some training in response to a comment about the list of revisions. Commissioner Questions: Chairperson Smith asked the Commissioners if they have read the letter from the housing company that was in the review folder. Many had not read the letter. This request barely made the agenda deadline on Tuesday. Commissioners who had reviewed the documents prior to Tuesday did not notice this item on the agenda. Brad asked if any additional fire code changes have to be made with the change of units. Alan said no changes will need to be made to the buildings. When you purchase a condominium, you are buying the space. Even the internal parts of the walls are owned by the Homeowners’ Association. 4 | P a g e Eric read the written response letter from off-campus student housing: 5 | P a g e Chairperson Smith said this really does not affect the Commissioners’ decision. The units are market driven by private industry. With the approval of Brigham’s Mill, the Commission learned this is an acceptable change within the zone. It breaks her heart the bonuses given to these complexes in the PED, now will be for nothing as these complexes will not have single students anymore. Vince confirmed the PED is designed around campus, but it is not designed for campus. Chairperson Smith affirmed. Vince asked Alan if the request meets all of the Development Code’s requirements and if there are there any concerns from Staff. 6 | P a g e Alan responded the request meets the Development Code requirements and Staff has no concerns with the change. Chairperson Smith asked what are the consequences if the Parking Management Plan is not managed adequately. Alan answered, in the winter if people are parking on city streets, they will be towed. The request is changing from the development meeting thirty-eight (38%) percent of the dormitory parking requirement to seventy-five (75%) percent of the condominium parking requirement. McKay asked about the stance changing from those who park in the road now vs later. Alan said people are ticketed during the winter to allow for snow removal. McKay confirmed the condominium owners could also park on the streets, except in the winter. Chairperson Smith inquired about people needing University Parking permits to park on the street in front of University View. This will all depend on if University Parking permits are required to park on that street. Commissioner Discussion: Vince said as long as the request fits the criteria of the area, then you let the market do what it does. Numbers can be swayed one way or another. In addition, he knows young married adults and college staff may enjoy walking to campus. He thinks the request will benefit the community. Eric agrees. He is hoping for this type of new development, the condominium, will show a positive change to the community. His understanding was the units could only become condominiums if the parking is adequate. This looks like a work around with the parking issue. He is not opposed to this request, but he anticipates more and more of these requests moving forward. Brad said he does not want to tell a person what they can or cannot do with their property. If the applicant wants to do this with this property, he should be able to. Vince said if we go back to the role of the Commission, the focus is on land use and the land use is not changing. Next, he considers if the request has met all the requirements. Staff has looked at the requirements and is telling the Commission the request has met all requirements. Eric said in history the Commission has made concessions for the apartment complexes close to campus to allow single students to walk to campus. Now, we are removing these complexes out of the equation. These arguments do not come into play in tonight’s decision, but long-term, as we think about the campus, he worries about the campus and their needs. He feels the changing of more of these units may push the single students to live in the outlying areas. Attorney Rammell said this may force the university into the model BYU-Provo has taken. Alan said you also have to look at allowing the younger married students the opportunity to walk to campus. He mentioned a comment Keith with Public Works made; this is an opportunity to allow land adjacent to the campus to rebuild. Vince said this is in the PED zone next to campus, not necessarily just for single students, but designed for walkability for a variety of students. Brad said we want to be helpful with the campus. He and Sally were in a meeting with the campus officials and the college does not want to be in the housing business. If there is a need, someone will fill it. 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 the City Council approve (22-00142) the University View Condominium Plat at 649 S 2nd W, allowing a change from apartments to 7 | P a g e condominium units, because the application does not make any apparent changes to the use of the apartments as far as quantity, quality, or negative impact to the city, allows the owner of the property to adjust to the needs of the community, and is not in conflict with any state or city codes. Action: Approve, Moved by Brad Wolfe, Seconded by Chairperson Sally Smith. Commissioner Discussion on the Motion: None VOTE: Motion carried by unanimous roll call vote. (Summary: Yes = 9, No = 0). Yes: Vince Haley (Vice Chair), Todd Marx, Sally Smith (Chairperson), Jim Lawrence, Bruce Casper, Eric Erickson, Brad Wolfe, McKay Francis, Vanessa Johnson. 15. June 1, 2022, Kyle Baldwin presented the application to City Council. Planning & Zoning recommends approval of the University View Condominium Plat at 649 S 2nd W, Rexburg, ID #22-00142 – Alan Parkinson Planning and Zoning Planner Kyle Baldwin said the requirements set forth by the code have been met. Council President Busby stated the condominiums cannot be rented as short-term rentals. Council Member Erickson said he has concerns regarding changing these apartments into condominiums. The Pedestrian Emphasis District (PED) was used to meet the parking requirements. He is concerned with possible parking issues with most residents having two vehicles and only one parking stall to park in, causing an overflow of street parking. Council Member Erickson asked who is going to ensure the condominiums will not be used as short-term rentals. Planning and Zoning Planner Baldwin said the PED allowed for a reduction in parking; however, there are conditions that need to be met. City Attorney Zollinger said the city has software that tracts short-term rentals operating in the city. When a short-term rental is operating without being registered, the software notifies the city clerk’s office. He said if the property owner does not register the short-term rental after being notified of being non-compliant. The city’s Compliance Officer will meet with the property owner to inform them of the penalties of being non- compliant. City Attorney Zollinger said if additional parking is built the short-term rental restriction would be removed. Council Member Erickson said the parking issues will be carried on to the new property owners. Planning and Zoning Planner Baldwin said the PED and other parking requirements are being addressed in the city’s Development Code. Council Member Johnson explained city residents have contacted her inquiring the reasons why City Council is allowing the real estate near campus to change. At the City Council Work meeting, City Attorney Zollinger had explained as Councilmembers they could not discriminate based on who is occupying the rental. The city does not have a single student-housing zone in the city; however, the parking issues can be addressed. 8 | P a g e Council President Busby moved to approve University View Condominium Plat at 649 S 2nd W, with the condition more enforcement be applied to not allow short-term rentals; Council Walker Member seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Johnson None Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried.