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Home My WebLink AboutPERMITS , REPORTS, & EXTENSION PLAN - 07 00009 - Church parking lot - CUP5 F-ND SOUTH O - - -- - -- - -- - -- Li NN 0 20 r - -- - -- - -- - -- - -- - -- -"- a �� s rn r - -- - -- - -- - -- - -- - -- -"- ono n's - :A' M z r 70 M d m x z O z N 0 0 r z O 70 R c R 1+ r U!nrn tll/LGL I - Gtr I 1 d d rn d rn A m t ea d d rn d rn A m • Conditional Use Permit City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, 0 83440 www.rexburg.org Fax: 208.359.3022 CITY O F RE me*ica's �n� Camrn:arrn� Fee(s) Paid: Yes /No C1j250.00 Publication: $x'08. Applicant Name: TtS - Address: l 2F.-I Km4 Cart ie J �? City: qoc z 110 'S tate. Wakn Phone: 2.OS 232 • [225—_ owner (Complete if owner not applicant) Name: GLraA ek 3esuus dw o; Lo s Address: 6! V G-wb"e &-SI Rork 'a c ZaA J M.2 City: State: clako Phone: 208 • S5 (o • - 1184- Property Covered by P ermit: -L � � _�� t Address: 1-3(. S eL A r �&%-+ Zone: Me�iu4% t swta& Vg2 ' elAtal t Legal Description (Lot, Block, Addition, Division Number) Commencing at a point 50 feet North of the Southeast corner of Lot 1 in Block 49 of City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence North 49 feet; thence Rest 143.5 feet; thence South 49 feet; thence East 143.5 feet to the point of beginning. Mature of Request (B riefly , explain the proposed use) - rho- L-vs CLW4 wisps addili 9-wW'" CW6 64 gw -Vw 4L .�xtS4'1iw 52e(4011LA L4 Rawer 1114e Existing use of property: si "6- '-anti [H bwell i" Will this have an impact on schools: Ro 0 Requirements for Granting Conditional Use Permit The following information will assist the Commission and /or City Council to determine if your proposal will meet the requirements under the zoning ordinance. 1. What is the estimated water usage per month? Are the existing mains adequate to provide fire protection? M /A 2. What is the estimated sewer usage per month? Will pretreatment be necessary? .14 N /,d, =Y1 3. What is the estimated daily traffic to be generated? Will the traffic be primarily private vehicles or com trucks? K ]A 4. If commercial , industrial, or a home occupation, what will be the hours of operation? N /A 5. Will storm water drainage be retained on site? Is an existing storm drain available? Is it at capac; If so, will new facilities be constructed? �X L Sf ' VA P.a V'w m 14 ' is _ c� �AiMd � 44Z G 1- 6. If proposed use is residential, describe number and type of dwelling units. Will this be student housing: multi- family for young families, singles and couples, or elderly? N /p, 7. What provision has been made for fire protection? Where is the nearest fire hydrant? Is any point of the building further than 150 feet from access sufficient in width for fire fighting equipment? 8. How much parking is being provided on -site? Do the aisle widths and access points comply with the ordinance requirements? Has landscaping been provided in accordance with the ordinance? 9. Where will solid waste generated be stored? Is access adequate for the City collection? 10. What is the type of noise that will be generated by the use? What are the hours of noise generation? M • 11. What tyke of equipment will be used in the conduct of the business? 12. What are the surrounding land uses? Has bu feri been provided as required by the 13. Are any p air quality permits required? Is dirt or other dust creating materials moved by open trucks or box cars? 14. Will the parking lots or other outdoor areas have lighting? RoItL P�ettnad �S P►ro le af. 15. Are passenger loading zones for such uses as daycare centers and schools provided? How is busing routed? For commercial uses, where are the loading docks? Is there sufficient space for truck parking? 16. If a commercial, multi - family, or public assembly use, where is the nearest collector street? Arterial street? N I /A 17. What, if any, signage is anticipated in connection with the proposed usage? Will 6e "i ►w A, 0A PaI-k irw shall SLI". The Commission or Council may address other points than those discussed above, but a narrative addressing at least those applicable points will assist in processing your application. A PLOT PLAN MUST BE ATTACHED IN ORDER TO PROCESS THIS APPLICATION. Included on the plot plan setbacks, parking, etc. Formal notice will be sent to applicant after approval of a Conditional Use Permit. Notice will state the conditions of the permit. If conditions are violated or not met there will be 90 day period to cure the problem. Failure to comply with the terms may result in revocation of the Conditional Use Permit. o4 tAaow � 4p—al Signature of Applicant Date J Rexburg 4 & 15 Parking Lot • 9 Jan. 2007 CUP NARRATIVE ao �R The Church of Jesus Christ of Latter -day Saints wishes to expand its existing parking lot at the 100 block of First East Street in Rexburg. The building that is served by the parking lot currently houses the Rexburg 4th and 15th Wards (traditional family wards) and the BYU -I 11 th Ward (married student ward). In order to expand the parking lot, the church has purchased the property at the north end of the parking lot. The property is only 49 feet wide and thus the number of new stalls that can be added, at this time, is minimal. only 15 stalls. The church plans to acquire additional property to the north in the future to further expand the parking lot. It is the Owner's desire, when the additional property is purchased, to rework the entire parking lot to increase efficiency and hopefully realize much more capacity. JHS Architects, P.A. Planning & Zoning � Department s r`► c 19 E. Main Phone: 208.359.3020 x334 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3024 CITY OF RE.1 B V RG Americas Family Community Conditional Use Permit JHS Architects having come before the Rexburg Planning & Zoning Commission on February 1, 2007, for the purpose of obtaining a Conditional Use Permit for the use of a church and a church parking lot expiation at 136 South 1" East. The requested permission was granted upon the following conditions: 1. Project must comply with Article 6.13B of the Development Code regarding Conditional Use Permits. 2. Trees planted along any of the landscaped area shall include trees with a DBH of at least 2 -3 inches. These trees shall be appropriately spaced. 3. Site shall include 30% landscaping. 4. A site plan reflecting all conditions of approval and incorporating all City standards, e.g. landscaping, parking, commercial lighting, etc. shall be submitted and approved by the City prior to the issuance of a conditional use permit. Failure to comply with the above stated terms and conditions may result in the forfeiture of the permit, and revocation of all rights associated with the issuance of this permit. Dated this I day of March, 2007 A6p4q&- - Planning & Zoning ommission Chairman ��OF gERB L'qg IO U� CITY OF CONDITIONAL USE PERMIT REXB City of Rexburg Americak Family Community Department of Community Develo,ment 19 E. Main St. I Rexburg, ID. 83440 Phone (208) 359 -3020 / Fax (208) 359 -3022 Project Information Permit # 0700009 Permit Type Conditional Use Permit Project Name Church parking lot - CUP Site Address 136 S 1ST E Parcel # RPRRXB10491930 Project Description Names Associated with this Project Type Name Contact Phone # License # Exp Date Fee Information Project Valuation Conditional Use Permit 250.00 Public Hearing Notice Fee 200.00 Total Fees Paid $450.00 * ** SEE ATTACHED CONDITIONS * ** Print Name Date Issued: 03/01/2007 Signature Date C Issued By: EMILYA i ��g6X8UR CONDITIONAL USE PERMIT CITY OF ° REXBURG City of Rexburg Americas Family Community Department of Community Development 19 E. Main St. / Rexburg, ID. 83440 Phone (208) 359 -3020 / Fax (208) 359 -3022 Project Information Permit # 0700009 Permit Type Conditional Use Permit Project Name Church parking lot - CUP Site Address 136 S 1ST E Parcel # RPRRXB10491930 Project Description Conditions 1. Project must comply with Article 6.13B of the Development Code regarding Conditional Use Permits. 2. Trees planted along any of the landscaped area shall include trees with a DBH of at least 2 -3 inches. These trees shall be appropriately spaced. 3. Site shall include 30% landscaping. 4. A site plan reflecting all conditions of approval and incorporating all City standards, e.g. landscaping, parking, commercial lighting, etc. shall be submitted and approved by the City prior to the issuance of a conditional use permit. Print Name Signature `��Z.- Date `� t Date Issued: 03/01/2007 Issued By: EMILYA 0 0 Findings of Fact City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 .�o� gEXBpRC ♦7 Ur� O CITY O F REX America's Family Community Church Parking Lot Expansion 136 South 1" East Conditional Use Permit 1. On January 8, 2007, JHS Architects presented to the Rexburg Planning & Zoning Coordinator a Request and Application for a Conditional Use Permit for a church parking lot expansion at 136 South 1" East. 2. On January 10, 2007, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for January 13, 2007, and January 27, 2007. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 3. On February 1, 2007, Randy Hayes presented to the Planning & Zoning Commission for the City of Rexburg the Request for a Conditional Use Permit for a church parking lot expansion at 136 South 1" East. Chairman Dyer said it was noted in the staff report that there is not Conditional Use Permit on file for the use of a church on this property. He asked if the question before the Commission was a Conditional Use Permit for the church parking lot expansion, or the entire church, including the expansion. Ga�Leikness said the church has been there for a long time, and is grandfathered in. When you expand an existing non - conforming use, you open it up for review. Essentially, this is a Conditional Use Permit for the entire church. He said they can consider everything except the expansion as grandfathered in, and only scrutinize the northern expansion of the parking lot. Essentially, they will be approving the project as it is now. If there are any impacts that need to be addressed elsewhere on the property, this can be done at this time. Charles Andersen motioned to approve the Conditional Use Permit for the church as it is currently in operation, and for the church parking lot expansion at 136 South 1S` East with the following conditions: 1. Project must comply with Article 6.13B of the Development Code regarding Conditional Use Permits. 2. Trees planted along any of the landscaped area shall include trees with a DBH of at least 2 -3 inches. These trees shall be appropriately spaced. 3. Site shall include 30% landscaping. 4. A site plan reflecting all conditions of approval and incorporating all City standards, e.g. landscaping, parking, commercial lighting, etc. shall be submitted and approved by the City prior to the issuance of a conditional use permit. Mike Ricks seconded the motion. None opposed. Motion carried. Planning and Zoning Department STAFF REPORT 12 North Center garyl @rexburg.or_q Phone: 208.359.3020 x314 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3024 XBV MXBURG ." alrnerita� PamitvCvinmunity xt,FA SUBJECT: Conditional Use Permit, file # 07 00009 APPLICANT: JHS Architects 125 North Garfield Pocatello, ID 83204 PROPERTY OWNER: LDS Church Tax Admin 50 East N Temple 22 nd Floor Salt Lake City, UT 84150 PURPOSE: Request to expand an existing LDS church parking lot. PROPERTY LOCATION: 136 South 1 East Rexburg, ID 83440 PROPERTY ID: RPRRXB 10491930, RPRRXB 10492410, RPRRXB 10492890, and RPROOOP0024570 COMPREHENSIVE PLAN: Moderate -High Residential Density ZONING DISTRICT: Medium Density Residential 1 (MDR1) APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance Code 926) § 5.8 Required Number of Parking Spaces § 6.13 Conditional Use Permits AUTHORITY § 6.13 (F) (7) "The Planning and Zoning Commission may, without approval of the Council, grant the following conditional use permits:... churches, synagogues, and temples I. BACKGROUND The applicant submitted a request that the City grant a conditional use permit for the expansion of an existing church parking lot. The Rexburg Development code allows Churches in the MRD1 zone, subject to obtaining a conditional use permit. The City has no evidence of a previous CUP for the current Church use. The use is likely "grandfathered" but any expansion of the use requires a current conditional use permit to be issued in order to review and address any potential impacts. Case No. 07 00009 Page 1 r � Land uses that require conditional use permits are permitted uses within a zone but may have special characteristics that could potentially impact the surrounding neighborhood. Therefore, the City, upon receipt of a CUP request should grant the permit either approval, denial, or approval with conditions. Conditions of approval should be reasonable and should seek to minimize or eliminate potential impacts the surrounding neighborhood and the community. II. SITE DESCRIPTION The site is located at the intersection of 2 °a South and 1 st East (north of the Kirkham Building on the Brigham Young University- Idaho campus). Access to the site is from 1 East which has 99 foot right -of -way, and approximately 65 -feet of pavement. The subject property is approximately 72,848 square feet; the added lot would increase the area to 79,880 square feet (1.83 acres). This size of the lot even after expansion is still considerably below the lot areas of similar churches in the area The surrounding neighborhood is generally multi - family housing, single- family homes, and the BYU -I campus. III. ANALYSIS The following are the criteria used for reviewing requests for conditional use permits. Some of the criteria are followed by staff's analysis. A conditional use will: a. Constitute a conditional use as established in Table 1, Zoning Districts, and Table 2, Land Use Schedule. A church is listed as a conditional use within the MDR1 zoning district; therefore, this criterion is met. b. Be in accordance with a specific or general objective of the City's Comprehensive Plan and the regulations of this Ordinance. The City's comprehensive plan has designated the subject property as Moderate -High Residential Density. The zoning district of MDR1 is in compliance with the comprehensive plan designation, therefore this criterion is met. c. Be designed and constructed in a manner to be harmonious with the existing character of the neighborhood and the zone in which the property is located. The proposed expansion includes a five -foot landscape strip to the north that will act as natural buffer. This buffer area requires trees and shrubs to be plants. The applicant should include trees and which are planted at a larger caliper or diameter (minimum 2 -3 inches) to ensure adequate and immediate screening. The front of the existing parking lot maintains two landscaped areas that are approximately 15- feet deep. The current ordinance requires that this area should be 20 -feet. It is proposed that the new lot expansion will maintain a similar 15 -foot setback. The Commission should determine if the proposed setback is adequate to address this criterion, or if the 20 -foot setback should be adhered to. 1 A recent church (Harvest Heights) approved by the commission and operated by the same property owner consisted of a site that is 3.97- acres. Two existing churches operated by the same property owner in this area of town have site areas of 4.7 -acres and 6.6- acres. Case No. 07 00009 Page 2 9 • d. Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibration, improperly directed glare or heat, electrical interference, odors, dust or air pollutants, solid waste generation and storage, hazardous materials or waste, excessive traffic generation, or interference with pedestrian traffic. Regarding glare, heat, electrical interference, dust, air pollutants, noise, vibration, odors there are no foreseeable impacts to the neighborhood. These are generally prospective standards; the commission should explore these standards and determine if reasonable conditions need to address them. Regarding solid waste generation and storage, excessive traffic generation, or interference with pedestrian traffic, the Commission should determine if these standards need to be addressed through reasonable conditions of approval. The use will not generate additional traffic, but with additional parking available, but with an additional 15 parking spaces, a minor increase in traffic can be anticipated. The surrounding roads are adequately sized for the increased traffic. The use generally occurs on Sundays, which does not conflict with other land uses in the neighborhood. A mix of uses with differing peak hours is ideal for higher density/ mixed -use areas. On weekdays, this parking can still be found to be full of vehicles, which are likely to be students. Whether or not there are official arrangements for this "shared parking," it is ideal as it does not conflict with the use as a church and it unofficially provides more parking for students attending the University. The Commission should determine if through reasonable conditions of approval this criterion can be met. e. Be adequately served by essential public facilities and services such as access streets, police and fire protection, drainage structures, refuse disposal, water and sewer service, and schools. If existing facilities are not adequate, the developer shall show that such facilities shall be upgraded sufficiently to serve the proposed use. The site is served by all essential public facilities and services; therefore, this criterion is met. f. Not generate traffic in excess of the capacity of public streets or access points serving the proposed use and will assure adequate visibility at traffic access points. As mentioned in the criterion D, above, more cars will be able to park on site, therefore some increase in vehicle traffic will occur, but should be minimal. The local streets serving the property are paved, two -way local streets. The Commission should determine if through reasonable conditions of approval this criterion can be met. g. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. As was mentioned, the applicant is providing landscaping along the northern property line. There are no foreseeable impacts with regards to noise, building shadow, or traffic. The Commission should explore this criterion and identify any impacts and determine if they can be minimized or eliminated through reasonable conditions of approval. h. Be compatible with the slope of the site and the capacity of the soils and will not be in an area of natural hazards unless suitably designed to protect lives and property. Case No. 07 00009 Page 3 9 0 The site is generally level and there are not identified hazards in the area, or on the property. i. Not result in the destruction, loss or damage of a historic feature of significance to the community of Rexburg. Not applicable IV. STAFF RECOMMENDATION Staff recommends that the Commission take public testimony, and determine if the proposed conditional use permit can be approved, denied, or approved with conditions. Staff has proposed some conditions of approval should the Commission choose to approve with conditions. Proposed Conditions of Approval 1. Trees planted along the northern property line shall include at least three trees with a DBH of at least 2 -3 inches. 2. Site shall include 30% landscaping. 3. A site plan reflecting all conditions of approval and incorporating all City standards, e.g. landscaping, parking, etc. shall be submitted and approved by the City prior to the issuance of a conditional use permit. 4. Trash receptacles shall not be visible form the pubic right -of -way, or adjacent property. 5. Commercial lighting standards per the City's development code shall be adhered to. Case No. 07 00009 Page 4 01/31/2007 12.07 FAX 585 240 2685 FEDEX KINKO - S Z002/002 c �3 f /Zoo 7 c� v �7 G' G' Z7 .l l )/'D V>� i ��'_.i ! �. ✓ice .� li ' LZ� �V�/�'%y�. C5 t �`�� ti1 VL'��i^ � •7 t !i � t/*N..�+'°"' - �� .. " C Q [.`'{ s V O � -eft cx l 61 � �,�'- �.�,�� ,.: � �s � � ms's -�� N�> t C�� •�,�,t; -�-(�, , I��7 w �� a � �-t. CA . J- ot � �V lY � /! �✓ l�C� t� ! � t � `/ �� :: � �.f�� C�� `lam � � _ a� l� ��,✓` i GSM -=-�- . ,-; ; f�, n NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Planning & Zoning Commission of the City of Rexburg, Idaho, Thursday, February 1, 2007, at 8:00 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a Conditional Use Permit (07 00009) for a parking lot expansion at 136 South 1St East, Rexburg, Idaho. The property is currently zoned Medium Density Residential One (MDR1). The city code governing this request is ORDINANCE No. 926 "DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO" (ADOPTED FEBRUARY 16th, 2005) and Amended June 21, 2005 The said parcel is located at 136 South 1st East in Rexburg, Madison County, Idaho, and more particularly described as follows: Commencing at a point 50 feet north of the Southeast corner of Lot 1 in Block 49 of City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence North 49 feet; thence West 143.5 feet; thence South 49 feet; thence East 143.5 feet to the point of beginning. At such hearing the Planning & Zoning Commission will hear all persons and all objections and recommendations relative to such proposed permit. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on January 31 st, 2006. This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and all amendments thereof. DATED this 10th day of January, 2006. O O R A 7 , • 'O CITY OF REXBURG i Blair D. Kay, City Clerk— Published: January 13th, 2007 January 27th, 2007