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Home My WebLink AboutCUP & DOCUMENTS - 07-00312 - Madison Middle School - CUP for Modular Classrooms• Conditional Use Permit City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 `4 aaxaca c �o v s G CITY O F - -- - - - - -- I�E1 Y �T V RG Cld America's Family Community Fee(s) Pai . Yes/ o CUP: $250.00 Publication: $200.00 Applicant Name: Madison School District 321 City: Rexburg State: Idaho Owner (Complete if owner not applicant) Name: City: Property Covered by Permit: Address: 555 W 7`' S Legal Description (Lot, Block, Addition, Division Number) Nature of Request (B riefly explain the proposed use) Modular classrooms, two classrooms 28'X 60' Zone: Med density residential 1 Existing use of property: Education K -12 o �U kuvLEr JUL - 5 2007 gICBURG Will this have an' mpact on schools: _yes 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. ��xeiwq� CITY OF 1 RXBURG 1 13 1 MVP AMERICAS FAMILY COMMUNITY Address: 290 N 1s` E Zip: 83440 Phone: 208 - 359 -3300 Address: State: Zip: Phone: 0 1. What is the estimated water usage per month? Are the existing mains adequate to provide fire protection? _N /A 2. What is the estimated sewer usage per month? Will pretreatment be necessary? _N /A 3. What is the estimated daily traffic to be generated? Will the traffic be primarily private vehicles or commercial trucks? _No change 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 capacity? If so, will new facilities be constructed? No change 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? 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? _Smoke alarms installed , 300 feet from fire hydrant 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? _N /A 9. Where will solid waste generated be stored? Is access adequate for the City collection? �Dumpster 10. What is the type of noise that will be generated by the use? What are the hours of noise generation? _N /A 11. What type of equipment will be used in the conduct of the business? _None 2 0 0 12. What are the surrounding land uses? Has buffering been provided as required by the ordinance? Business and residential 13. Are any air quality permits required? Is dirt or other dust creating materials moved by open trucks or box cars? N/A 14. Will the parking lots or other outdoor areas have lighting? 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? Existin 16. If a commercial, multi - family, or public assembly use, where is the nearest collector street? Arterial street? 7th S, Yellowstone Hwy 17. What, if any, signage is anticipated in connection with the proposed usage? N/A 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. Signature of Applicant Date Conditional Use Permit Procedures 3 9 0 The City of Rexburg Zoning Ordinance designates certain land uses in each Zoning District which are allowed. These are listed in the Zoning Ordinance for each zone. The Planning & Zoning Department should be consulted if you have questions about whether your proposal will need a Conditional Use Permit. If a C.U.P. is needed, you will need to get an application from the Planning & Zoning Department and fill it out for a C.U.P. You will then need to return the application and request to be placed on the Planning & Zoning Commission agenda at least 18 days prior to the meeting. Application and public hearing fees are required to be paid up front. Prior to granting a conditional use, at least one Public Hearing shall be held to give persons an opportunity to be heard. The Planning & Zoning Meetings are held on the 1' and 3' Thursday of every month at 7:00 pm. The Secretary of Planning & Zoning will put the notice for the hearing in the paper 15 days prior to each hearing, mail a copy to all the property owners within 300 feet and post a notice on the property. After the Planning & Zoning Commission holds their hearing they will make a recommendation to the City Council. The City Council will take the Planning & Zoning Commission recommendation into consideration. If a hearing is required before the City Council they will then take into consideration oral and written testimony as well as the recommendation from the Planning & Zoning Commission. A decision will be made by the City Council within the time frame allowed by Section 67 -6511, Idaho Code. 4 • • Legal description for Madison Middle School: A parcel of land situated in Madison County, State of Idaho, Township 6 North, Range 39 East of the Boise Meridian, Section 36 more particularly described as follows: Beginning at the Northeast corner of Section 36, Township 6 North, Range 39 East, Boise Meridian, thence North 90 ° 00'00" West for a distance of 394.00 feet to the True Point of Beginning. Thence North 90 ° 00'00" West for a distance of 755.72 feet to the East right -of -way line of Old U.S. 191; Thence South 30 West along said right -of -way line for a distance of 684.44 feet; Thence North 89 ° 30'37" East for a distance of 493.13 feet; Thence South 00 0 20'23" East for a distance of 217.25 feet; Thence South 89 0 39'37" West for a distance of 99.85 feet; Thence South 00 0 20'23" East for a distance of 515.86 feet; Thence North 89 ° 39'37" East for a distance of 693.71 feet; Thence North 00'30'12" East for a distance of 567.54 feet; Thence North 31 ° 40'15" West for a distance of 108.91 feet; Thence North 05 0 09'37" East for a distance of 659.67 feet to the True Point of Beginning. RECEIVED CITY Of- CITY OF CONDITIONAL USE PERMIT s; REX City of Rexburg CW Americas Family Commmmily Department of Community Development 19 E. Main St. / Rexburg, ID. 83440 Phone (208) 359 -3020 / Fax (208) 359 -3024 Project Information Permit Type Conditional Use Permit Site Address 575 W 7TH S Project Description Permit # 0700312 Project Name Middle School Modular Classrooms - Parcel # CUP RPRXBCA0360012 Conditions 1. Trash receptacles should be fully screened from the public right -of -way and should not be visible from adjacent residential property. 2. - There should be no outside storage of material or equipment unless fully screened form public right -of -way. This screening, if in it self is deemed objectionable by affected property owners, should be reviewed and approved by the Planning Commission or designee. 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 building permit. 4. Commercial lighting standards per the City's development code shall be adhered to. 5. Large equipment that is to be located on the subject property and is to used for heating/cooling /ventilation of the proposed building(s), or similar uses, shall be located the maximum feasible distance from any adjacent residential dwelling unit, and shall incorporate any current technology that reduces noise generation. 6. The units shall be located on the grass as discussed in the City Council meeting August 15, 2007. 7. This conditional use permit expires in two (2) years, or August 2009. If an extension is needed, the applicant must request this of the City of Rexburg. Print Name -5914 I AY S� Al Signature Date— Date Issued: 08/24/2007 Issued By: EMILYA 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, August 02, 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 00312) for Middle School Modular Classrooms for the Madison School District. The property is located at 575 West 7th South, 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 7/06/2005; 5/07/2007; 7/03/2007 The modular classrooms will be located on the east side of the Middle School parcel at 575 West 7th South in Rexburg, Madison County, Idaho, and more particularly described as follows: A parcel of land situated in Madison County, State of Idaho, Township 6 North, Rang_ e 39 East of the Boise Meridian, Section 36 more particularly described as follows: Beginning at the Northeast corner of Section 36, Township 6 North, Range 39 East, Boise Meridian, thence North 90 ° 00'00" West for a distance of 394.00 feet to the True Point of Beginning. Thence North 90 ° 00'00" West for a distance of 755.72 feet to the East right -of -way line of Old U.S. 191; Thence South 30 ° 22'13" West along said right -of -way line for a distance of 684.44 feet; Thence North 89 ° 30'37" East for a distance of 493.13 feet; thence South 00 ° 20'23" East for a distance of 217.25 feet; Thence South 89 ° 39'37" West for a distance of 99.85 feet; Thence South 00 ° 20'23" East for a distance of 515.86 feet; Thence North 89 ° 39'37" East for a distance of 693.71 feet; Thence North 00 ° 30'12" East for a distance of 567.54 feet; Thence North 31 °40'15" West for a distance of 108.91 feet; Thence North 05 ° 09'37" East for a distance of 659.67 feet to the True 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 August 01St, 2007. This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and all amendments thereof. DATED this 11th day of July, 2007. 2007 CITY OF REXBURG Lm Blair D. Kay, City ClerTi.- July 28 2007 Findings of Fact City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 OF SflX BGB�� 4 ifM � 7 c I r Y o f ........... RE ,America's 7amity Community 575W7 h S — Madison Middle School Modular Classrooms Conditional Use Permit 1. On July 5, 2007, the Madison School District presented to the Rexburg Planning & Zoning Coordinator a Request and Application for a Conditional Use Permit for two modular classrooms at the Madison Middle School located at 575 West 7th South. 2. On July 11, 2007, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for July 17, 2007, and July 28, 2007. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 3. On August 2, 2007, Nick Holmes presented to the Planning & Zoning Commission for the City of Rexburg the Request for a Conditional Use Permit for two modular classrooms at the Madison Middle School located at 575 West 7th South. Randall Porter motioned to recommend to City Council to approve the Conditional Use Permit for the modular classrooms at Madison Middle School with the conditions listed in the staff report (see below), and that the building be moved as close as it can be to the building on the northwest side of the southern parking lot. Josh Garner seconded the motion. Gary Leikness pointed out that conditions #7 and #8 from the staff report may not be applicable. Mary Haley said these modular units need to be temporary, and they should have to come back to us to extend the time limit. Randall Porter amended his motion to strike conditions 6, 7 and 8 from the staff report. Josh Garner seconded. None opposed. Motion carried. Proposed Conditions ofApproval 1. Trash receptacles should be fully screened from the public right -of -way and should not be visible from adjacent residential property. 2. There should be no outside storage of material or equipment unless fully screened form public right -of -way. This screening, if in it self is deemed objectionable by affected property owners, should be reviewed and approved by the Planning Commission or designee. 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 building permit. • • 4. Commercial lighting standards per the City's development code shall be adhered to. 5. Large equipment that is to be located on the subject property and is to used for heating /cooling /ventilation of the proposed building(s), or similar uses, shall be located the maximum feasible distance from any adjacent residential dwelling unit, and shall incorporate any current technology that reduces noise generation. 4. On August 15, 2007 Nick presented the Conditional Use Permit (CUP) requested for a modular classroom at Madison Middle School. This would be a temporary situation to be placed next to the building for approximately two years. Planning and Zoning Administrator Leikness said the Planning Commission recommended approval of this CUP at a different location. The Planning Commission wanted the structure out of the public right of way. The lawn area was not anticipated in the Planning and Zoning conditions. Council Members Erickson said this is the best place to put the modular classroom where it is close to the building, restrooms, etc. Council Member Stevens agreed this was a good location for the modular classroom. Winston Dyer said Planning and Zoning would support the location on the grass. Council Member Young asked if there would be a two year stipulation on the motion. Council Member Erickson moved to approve the Conditional Use Permit for modular classrooms at Madison Middle School with a two year stipulation; Council Member Young seconded the motion; all voted aye, none opposed. The motion carried. • • Staff Report Middle School Modular Class-rooms -CUP 0 0 Planning and Zoning Department J�xtixd�k. 0 STAFF REPORT = 12 North Center garyl @rexburg.org Phone: 208.359.3020 x314 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3024 CITY OF REXBU America's Family Community SUBJECT: Conditional Use Permit, file # 07 00312 APPLICANT: Madison School District 321 290 North 1 East Rexburg, Idaho 83440 PROPERTY OWNER: Same as above PURPOSE: Request to install and operate modular classrooms at the Middle School. PROPERTY LOCATION: 575 West 7 South Rexburg, ID 83440 PROPERTY ID: RPRXBCA0360012 COMPREHENSIVE PLAN: Public Facilities ZONING DISTRICT: Medium Density Residential 1(MDR1) /Community Business Center(CBC) APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance Code 926) § 6.13 Conditional Use Permits AUTHORITY § 6.13 (F) (7) "All other conditional use permits may only be granted after review and recommendation by the Commission and approval by the City Council... " I. BACKGROUND The applicant has requested a conditional use permit for the expansion of an existing use of a school. The proposal includes the installation of a detached modular building that will include two classrooms. The building dimensions are 28 -feet by 60 -feet (1680 square feet). Land uses that require conditional use permits are allowed within a zone if, through reasonable conditions of approval, the use and/or facility will not adversely impact the neighborhood and community of which it belongs. Therefore, the City, upon receipt of a CUP request, should review the proposal and either approve, deny, or approve with conditions. H. SITE DESCRIPTION The subject property is a 1,002,976 square foot (23.3 -acre) lot located (and accessed) from W 7th South, a 40 -foot paved collector street (55 -foot right -of -way). Case No. 07 00312 Page 1 • • The surrounding neighborhood includes the following: North- commercial East- residential South- commercial West- commercial 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. The existing school site includes two zoning designations, the western portion of the property is zoned Community Business Center (CBC), whereas the eastern portion of the property is zoned Medium Density Residential 1 (MDRI). The proposed modular unit is to be located in the portion of the property designated as MDR1 which zone allows schools as a conditional use (Section 3.7.020(F)); 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 Public Facilities. The zoning districts of MDR1 and CBC are both allowed zoning designations within the Public Facilities 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 land uses in the neighborhood include single - family homes, commercial, and the school itself. The proposed location will be between the existing school buildings and a residential neighborhood to the east. The proposed structure is not consistent with the architectural style of the existing school nor will it be consistent with the homes in the immediate vicinity. A home constructed in the same manner would require a permanent foundation. Given that the proposed structure deviates from the existing character of the neighborhood in which it belongs, the Commission should decide if reasonable conditions of approval could be applied to the proposal that would enable the proposal to be more harmonious. Possible conditions of approval could include: moving the location of the building, screening the structure through the use of landscaping, or even ensuring that the building meets certain design standards that are appropriate for the location. 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 excessive noise, vibration, glare, heat, electrical interference, odors, dust, air pollutants, hazardous materials or waster, there are no foreseeable impacts to the neighborhood. Regarding solid waste generation and storage, excessive traffic generation, or interference with pedestrian traffic, the Commission should determine if these standards can be addressed through reasonable conditions of approval. Trash receptacles should be fully screened from the public right -of -way. There should be no outside storage of material or equipment unless fully screened Case No. 07 00312 Page 2 form public right -of -way. This screening, if in it self is deemed objectionable by affected property owners, should be approved by the Planning Commission or designee. Staff has included proposed conditions of approval that address trash storage and general storage occurring on the outside of the building. Regarding excessive traffic generation, or interference with pedestrian traffic, the potential for an increase in traffic generation that would overwhelm the adjacent roads are minimal and would not interfere with pedestrian traffic. 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 generally served by all essential public facilities and services; however, there appears to be no sidewalk improvements along 7 th South. As this proposed expansion would increase the number of potential pedestrians accessing the site, the Commission may want to condition the proposal that sidewalk improvements be installed per City standards. As conditioned, this criterion is met. In addition, site development will undergo review by the public works department to ensure all required city services and utilities are supplied. 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. The roads in the vicinity appear to be functioning within acceptable levels of service. The proposed use should have minimal impacts on the road network in the area. Based on the above this criterion is met. g. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. Regarding noise, the hours of operation would be similar to those of the existing school. Heating and cooling equipment, if used, will generate noise. The Commission may want to condition the use such that equipment that will generate noise be located a maximum feasible distance from existing residential uses surrounding the property. The applicant should be encouraged to incorporate large heating /cooling /ventilation equipment that uses technology that reduces noise impacts. The proposed building should be compatible with existing buildings in the area based on scale, appearance, and other standards, e.g. a modular structure, if used for residential purposes in this zone, would be required to have a permanent foundation. The building may need to be screened from adjacent residential property based on the larger size of the building and the fact that it is not similar in architecture to the existing school or adjacent homes; the Commission should explore this. The Commission should determine if the proposal as submitted, or with reasonable conditions satisfies this criterion. 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 00312 Page 3 Not applicable 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. Trash receptacles should be fully screened from the public right -of -way and should not be visible from adjacent residential property. 2. There should be no outside storage of material or equipment unless fully screened form public right - of -way. This screening, if in it self is deemed objectionable by affected property owners, should be reviewed and approved by the Planning Commission or designee. 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 building permit. 4. Commercial lighting standards per the City's development code shall be adhered to. 5. Large equipment that is to be located on the subject property and is to used for heating/cooling /ventilation of the proposed building(s), or similar uses, shall be located the maximum feasible distance from any adjacent residential dwelling unit, and shall incorporate any current technology that reduces noise generation. 6. Sidewalks along 7 th South shall be installed per City standards. Proposed improvements shall be submitted and approved to the City Engineer prior to installation. 7. The proposed building shall be located so that it is not visible from the public right -of -way. 8. The proposed building shall be visually screened from adjacent residential property through the use of landscaping. Landscaping shall include a mixture of deciduous and evergreen trees to provide non- seasonal screening. Trees shall be 2 -inch caliper when planted and evergreen trees shall be 7 -feet in height when planted. Spacing should be based on circumference of mature trees, and staggering is preferred as evergreens taper toward the tops of trees creating visual corridors. A landscape plan addressing screening shall be submitted for review and approval to the planning department. Installation of landscaping shall occur prior to the issuance of a certificate of occupancy. Case No. 07 00312 Page 4 MADISON MIDDLE SCHOOL 575 West 7th South Rexburg ID 83440-9681 Phone(208)359 -3320 0 c/) 4-j h r ' Uric,