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Home My WebLink AboutCUP & DOCUMENTS - 07-00062 - Harmon Esplin - CUP for Duplex0 Conditional Use Permit City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 ` Rp,XBIIg f7 v 'y 0 CITY OF REX 0 America's Family Community Fee(s) Paid: Yes /No CUP: $250.00 Publication: $200.00 Applicant Name: dL2ra-0n E ,Spbn * Address: X 0 1 o city: 'Q'P - h u r State: 2" Zip: 33 0 Phone: 21 36 6 1238- 9?71 Owner (Complete if owner not applicant)' Name: Address: City: State: Zip: Phone {a' Property Covered by Permit: Address: 3 I V Zone: Legal Description (Lot, Block, Addition, Division Number) Parker To,,�c ITgq Al l/;L TAX 24( Z.1 5 r Eq � As ieSJar S P @rcy/ RPR 600P OO93 3 96 A Nature of Request (B riefly expla the proposed / use) �clrrPnT ii_r,'e� z � ;n„�v 'tnm,l� N�ai�ll,t^„� a d d hrk 01/1 WWI /I j '70 S 0 iP �,�, Iv olw' F C,- e4 I wo - r 11.ni 1, S 1 and (hanG lna QcCP.F.; !J A .Ilr -1 11 & 1 i/I !/Lla( Existing use of property: .S 11M iP 111.m, IV Will this have an impact on schools: �DeO& r o n ''P ye /S , Cs /1 /n 4 4 S X a 1� rydfrj W;/ � 4 v,' ,40 chd reli childr, �ac 2 /crtn� ® Q�frh/ sc�i />j So 1 i'ke 10 ipac f on Schod . i 1 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? Curren4 M ete dLa louds ac'fe a o ag,4 2. What is the estimated sewer usage per month? Will pretreatment be necessary? T„A Ict. f ar -two . "; t„ dwe &k . No, 3. What is the estimated daily traffic to be generated? Will the traffic be primarily private vehicles or commercial trucks? d4 e / �, r t o cars . Csj,� fe / jti F / n w. res, 1 s a i b l6llBa,� ,s 4u1 blf 1"k. ier, ll A- wa) L d' f/JUO'o'Fu:r NPYtiv h dlt e oi,Fra led 4. If commercial, industrial, or a home occupation, what will be the hours of operation? d6ge� It A&i o # &,Q e1 h6A rQin -e ll,4 5. Will storm water drainage be retained on site? Is an existing storm drain available? Is it at capacity? If so, will new facilities be constructed ? /Uo S IO. " 'A w e' l er d/ n 1 /Jai s e nrn " "if IYane 010tw264 6. If proposed use is residential, describe number and type of dwelling units. Will this be student housing: multi- family for voun-a families, sin -ales and cou or elderlv? i Yr„ - ram, 1v _aufaty. A/ 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 LL with the ordinance? Phr L ,Yj w Le 5 Dr S s l atr of gocas< ear k)% yv/ dr,ilewy �D^ ®nx Aaert pp, 13 V YO s _ Yps 9. Where will solid waste generated be stored? Is access adequate for the City collec G f Y O .n PIJdnta ^llPrT,hA LV,IX 4.'Tl7` (al Id n njh," " -WA', ntT 'FA 10. What is the type of noise that will be generated by the use? What are the hours of noise generation? Na j2,4j i,�nal onise FA 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? f cos atte."s lz;t oZne CQ.C f t`, r, 11, - r." t! r - 0 ,, 41 _( _ NA" 1A",& fu"e w, , p / "A�. 13 1. 9 0 11. What type of equipment will be used in the conduct of the business? &) a - p crsona! tatbin Odes •fo,• re.j1d #nta 12. What are the surrounding land uses? Has buffering been provided as required by the ordinance? 13. Are any air quality permits required? Is dirt or other dust creating materials moved by open trucks or box cars? X IYd d as d,r efe,. Y77a4priA�S 14. Will the parking lots or other outdoor areas have lighting? /U��'f he ra y;V Pw�w 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? /Yd CcInInprYlet use: no's a pQL # Q�1e 16. If a commercial, multi- family, or public assembly use, where is the nearest collector street? Arterial street? 17. What, if any, signage is anticipated in connection with the proposed usage? iva ae 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. eM2 Signature of Applicant Date 3 QV 61t,le Aw =I,.2 1;.. 14 1o t 13 1 /0,41 __ ar�ai Fast' 1 � 1 I I I 9' C I 7 +" I� 2a•S� j / l r f r �^ 1 J9 � �O i en E 0 =, 4I b(( ,e s �2 W lgvtreoe Sel back �um p rvpfr y k /a. D$' TAese sd bo r qQ S' 413' A VI de,3� 0( hors = // a 9-� a�j2� �C�ST 1 1 111 J At z /�m r•1 JnLn i11 t,: T -63 T -60 7'� F /vrenc I��,n:. n 134 ;0 126 _ co to _ Verlan f. r T- 61 � T- 64 N 206 � 198 > T -78 Pe - /�? rarJ in.s.sn T -65 T -55 a' �>� /7 7 ( 254 147 i 142 `� 16 142 co 6 5 Ja Ck' Vgndou7"' - -� ° 289 T -70 1 /� •S f -87 CO T-43 ?26 ;v k;c••.� a f:�, - ,• r � 337 � NN tL Lenore C ,• a e, � T -71 J T -86 O 398 r- 385 7 r OD - a T -84 446 T -22 N • 4 38 ,� T -25 Y T -83 (TT !-(.Ju le l �o T -82 518 (534) 0 553 1 ar s . P 36 l�C�lz' gQro by /0 to wez � - Add `,ld sl6r v • 4 p 4 rl /17 1"' I T 706 /000 s r .2 Wa 4e, Q use qi)fy v e f re r A It-v-1 C -1 61/ I Alley 0 ;0 48XBUR C ITY OF CONDITIONAL USE PERMIT REX City of Rexburg knerica' Family Community Department of Community Development 19 E. Main St. / Rexburg, ID. 83440 Phone (208) 359 -3020 / Fax (208) 359 -3022 Project Information Permit Type Conditional Use Permit Site Address 262 S 2ND E Project Description Permit # 0700062 Project Name Harmon Esplin CUP Parcel # RPROOOP0043850 Conditions 1. Trash receptacles shall not be visible from the public right -of -way, or adjacent property. Trash receptacles shall be placed inside the garage on days of no trash service for the site. 2. An approved building permit for a two -unit dwelling shall be issued by the City of Rexburg prior to the structure's use as a two - family dwelling unit. 3. The use shall be restricted to a two - family dwelling unit with he definition of "family" being defined by the City of Rexburg Development Code currently, or as modified in the future, or as any future changes to the underlying zoning may allow. 4. Lighting, existing and proposed shall adhere to the residential lighting standards set forth in the City's Development Code. 5. Existing vehicular drive and access on to 2nd East that goes clear through the property should be eliminated, but the driveway to the garage can stay in place. 6. Both units shall have their own waste receptacles for trash service. Print Name 1n t - _ Signature c %' h' — Date Date Issued: 04/26/2007 Issued By: EMILYA • ! r .. __ ; C , T o F CONDITIONAL USE PERMIT ' , �. REX City of Rexburg AinericasFamilyCommunity Department of Community Development 19 E. Main St. / Rexburg, ID. 83440 Phone (208) 359 -3020 / Fax (208) 359 -3022 Project Information Permit # 0700062 Permit Type Conditional Use Permit Project Name Harmon Esplin CUP Site Address 262 S 2ND E Parcel # RPROOOP0043850 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 �S�D� Date Issued: 04/26/2007 .Signature Date 3 � Issued By: EMILYA 0 9 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, April 05, 2007, at 7:05 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a Conditional Use Permit (07 00062) for an apartment in a home at 262 South 2nd East, Rexburg, Idaho. The property is currently zoned Low Density Residential Two (LDR2). 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 262 South 2nd East, in Rexburg, Madison County, Idaho, and more particularly described as follows: Commencing at a point 125 feet North of the SE corner of Lot 8, Block 4 of Parker Addition to the City of Rexburg, Madison County, Idaho, as shown on the recorded plat thereof, and running thence North 115 feet; thence West 142 feet; thence South 115 feet; thence East 142 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 April 04th, 2007. This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and all amendments thereof. DATED this 09 day of March, 2007. CITY OF REXBURG By Blair D. Kay, City Clerr- - Published: March 20th, 2007 March 31St, 2007 0 Findings of Fact City of Rexburg a ;Q�Rexeugc fo U.� 9 0 CITY O F REX America's Family Community 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 Harmon Esplin — 262 South 2n East Conditional Use Permit 1. On February 20, 2007, Harmon Esplin presented to the Rexburg Planning & Zoning Coordinator a Request and Application for a Conditional Use Permit for two family dwellings on the property located at 262 South 2 nd East. 2. On March 9, 2007, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for March 20, 2007, and March 31, 2007. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 3. On April 5, 2007, Harmon Esplin presented to the Planning & Zoning Commission for the City of Rexburg his Request for a Conditional Use Permit for two family dwellings on the property located at 262 South 2 nd East. Mary Ann Mounts motioned to approve the Conditional Use Permit for two family dwelling units at 262 South 2 " East with the following conditions: 1. Both units shall have their own waste receptacles for trash service. 2. Trash receptacles shall not be visible from the public right -of -way, or adjacent property. Trash receptacles shall be placed inside the garage on days of no trash service for the site. 3. An approved building permit for a two -unit dwelling shall be issued by the City of Rexburg prior to the structure's use as a two - family dwelling unit. 4. The use shall be restricted to a two- family dwelling unit with he definition of "family" being defined by the City of Rexburg Development Code currently, or as modified in the future, or as any future changes to the underlying zoning may allow. 5. Lighting, existing and proposed shall adhere to the residential lighting standards set forth in the City's Development Code. 6. Existing vehicular drive and access on to 2 nd East should be eliminated. Mary Haley seconded the motion. Mary Ann Mounts amended the motion to clarify that the access that goes clear through should be eliminated, but the driveway to the garage can stay in place. None opposed. Motion carried. Planning and Zoning Department STAFF REPORT 12 North Center garyl@rexburg.org Phone: 208.359.3020 x314 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3024 v x m �1 yP �fE t1EU 14 CITY o k REXBUR rlraerica' Fatuity Community SUBJECT: Conditional Use Permit, file # 07 00062 APPLICANT: Harmon Esplin 262 South 2 nd East Rexburg, ID 83440 PROPERTY OWNER: Same PURPOSE: Request to operate a two - family dwelling unit. PROPERTY LOCATION: 262 South 2 nd East Rexburg, ID 83440 PROPERTY ID: RPROOOP0043850 COMPREHENSIVE PLAN: Low - Moderate Residential Density ZONING DISTRICT: Low Density Residential 2 (LDR2) 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:... (7)Permits for developments with four or less dwelling units... " I. BACKGROUND The applicant submitted a request that the City grant a conditional use permit to operate a two - family dwelling, or duplex on the subject property, within the LDR2 zone. The Rexburg Development code allows two - family dwellings within the LDR2 zone, subject to obtaining a conditional use permit. Conditional use permits are uses that are generally permitted within a zone but may have special circumstances or operating characteristics that require the City to consider and either approve, deny, or approve with conditions. Any conditions of approval should be reasonable and should seek to minimize or eliminate potential impacts a proposal or use may have on its surroundings. Case No. 07 00062 Page 1 • II. SITE DESCRIPTION The property is located two lots north and west of the intersection of S 2nd East and E 3` South. South 2 East, with 99 -feet of right -of -way and 43 -feet paved, is designated as a "minor arterial" and E 3` South, with 99 -feet of right -of -way and —67 -feet of pavement (parking on both sides of the street) is designated as a "local street." The subject property is a 16,330 square foot lot (0.37 acres). The property has two vehicular access points, one on to Second East and another through a platted alley to three different roads, E 3` South, S 2 East and Cornell Avenue (eventually to E t South). The surrounding neighborhood is zoned LDR2 as is the subject property. Surrounding land uses are primarily single - family homes but with several homes in the vicinity (-400 feet) being operated as duplexes and student housing, including campus dorms. III. ANALYSIS The following are the criteria for granting a conditional use permit. Some of the criteria is 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 two - family unit is listed as a conditional use within the LDR2 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 Low - Moderate Residential Density. The zoning district of LDR2 is in compliance with the comprehensive plan designation. Regarding minimum lot size, the subject property exceeds this standard, in that the Code requires a lot to be a minimum of 10,000 square feet to operate a two - family dwelling, and the existing lot is 16,330 square feet. Based on the above finding and as conditioned 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 existing structure is a single family home and therefore its design and construction is harmonious with the character of the neighborhood. The expansion and new residence will be in the rear of the lot and will generally not be visible from the 2 East right -of -way. The applicant anticipates the new dwelling unit will be rented to students, and suggests that housing will be for young families or couples. As this property is located in a single - family zone, staff recommends that the use be restricted to the a "family" as defined by the City's Development Code currently, or as modified in the future, or as any future changes to the underlying zoning may allow (see proposed conditions of approval). Based on the above this criterion is met. 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. Case No. 07 00062 Page 2 • • Regarding glare, heat, electrical interference, dust, air pollutants, there are foreseeable impacts to the neighborhood. However, any new lighting proposed should adhere to the residential lighting standards set forth in the City's Development Code (see proposed conditions of approval). Regarding noise, vibration, odors, these are prospective standards, the commission should explore these standards and determine if reasonable conditions of approval might address them. Regarding solid waste generation and storage- Likely, solid waste will double if the unit operates as a two -unit dwelling therefore, staff recommends as a conditional of approval, that both units have their own waste receptacles for trash service. To decrease visual impacts of the receptacles, staff recommends located them so that neither receptacle is visible from the public right -of -way, or adjacent property. Regarding excessive traffic generation or interference with pedestrian traffic- The City recognizes that trip generation for a single family home is 10 trips per day, which is leaving one's home and returning, as two trips. A two - family dwelling generates 8 trips per day, per unit, or 16 trips per day total. The Commission should determine if this constitutes excessive traffic for the area, which is comprised of local neighborhood streets. The Commission could limit the number of vehicles on site as a way to ensure that the impacts of a two - family unit does not detract from the ambiance of the surrounding neighborhood, or interfere with pedestrians, or vehicles. The applicant is proposing to utilize the alley behind the property rather than directly on to 2 "d East. As 2 nd East is a minor arterial and does receive a lot of vehicular and pedestrian traffic, this use of the existing alley will help minimize any additional impacts to 2 "d East. The applicant has shown on the submitted site plan that no access to 2 "d East is provided, suggesting that existing access will be eliminated. The applicant is proposing to provide maneuvering area in the public right -of -way. Though the existing driveway allows backing in to the public right -of -way, the Commission should determine if the proposed maneuvering area is appropriate. If the proposed maneuvering area is allowed by the commission, then driveway access on to 2 nd East should be eliminated and restored to a landscape strip (see proposed conditions of approval). A two - family dwelling will generate greater pedestrian activity in an area with sidewalks in front of most properties, therefore staff recommends a condition of approval to require sidewalks to be installed or upgraded to City standards along all portions of the property abutting public right -of- way. A City inspection by the Public Works Department may be needed to determine whether or not this condition needs to be imposed at this time. 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, a two - family dwelling will generate approximately 16 trips per day, versus 10 trips per day for single family homes. The streets serving the property are paved, and appear to be adequate for the proposed use, especially with the utilization of the Case No. 07 00062 Page 3 0 existing alleyway which will disperse traffic more than just direct access onto 2 °d East. However, the Commission should determine if the increase in traffic generation exceeds the capacity of the public streets. The Commission should also determine if locations of driveways and parking areas are adequate and do not obstruct visibility at traffic access points. 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. 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. Not applicable 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. Both units shall have their own waste receptacles for trash service. 2. Trash receptacles shall not be visible form the pubic right -of -way, or adjacent property. Trash receptacles shall be placed inside the garage on days of no trash service for the site. 3. Sidewalks shall be installed or upgraded to City standards along all portions of the property abutting public right -of -way, as determined by the City Engineer. 4. An approved building permit for a two -unit dwelling shall be issued by the City of Rexburg prior to the structure's use as a two - family dwelling unit. 5. The use shall be restricted to a two - family dwelling unit with the definition of "family" being defined by the City of Rexburg Development Code currently, or as modified in the future, or as any future changes to the underlying zoning may allow. 6. Lighting, existing and proposed shall adhere to the residential lighting standards set forth in the City's Development Code. 7. Existing vehicular drive and access on to 2 °d East should be eliminated and restored to a landscape strip. Case No. 07 00062 Page 4