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HomeMy WebLinkAboutCUP & DOCS - 07 00349 - Self-Storage Unit Facility - CUP9 0 Conditional Use Permit City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 CITY OF RE XB TR ._. __- <w .._....._..._ ------- ..— hm>ric t si Fee(s) Paid: Yes /No CUP: $200.00 Publication: $250.00 Applicant J / Name: �r(� /'/ t l eta' 4 T,( Address: — PO � Spa City: s _��i 1n State: 2d Phone: ck> - - l 8 ECEI VED Owner (Complete if owner not applicant) 0 Q4 1 « 1 -f Name: City: Address: C V ,, State: Phone: Property Covered by Permit: / Address: '- tx) e- It sa .7 � Zone: C_ VWA p aA .,X-S -S Legal Description (Lot, Block, Addition, Division Number) - 6 2007 CITY OF i, Existing use of property: Will this have an impact on schools: Mo 1 Nature of Request (B riefly explain the proposed use) 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? n,.. n 1 \'.c - 1 _/1 — It L 2. What is the estimated sewer usage per month? Will pretreatment be necessary? Ouse_ 3. What is the estimated daily traffic to be generated? Will the traffic be primarily private vehicles or commercial �?P' iyc l k trucks? r _ _( /e,�►: t.�QS nq' 4,EA c_ If commercial, industrial, or a home occupation, what will be the hours of operation? mooJe QN ACC s s 5. Will storm water drainage be red on site? Is an existing storm drain available? Is it at capacity? If so, will new facilities be constructed? IV; T 6. If proposed use is residential, describe number and type of d elling units. Will this be student housing: multi- family for young families, singles and couples, or elderly? T 1 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? )V 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? I _ 9. Where will solid waste generated be stored? Is access adequate for the City collection? . i 10. T at is the type of i noise that will be generated by the use? What are the hours of noise generation? 10M , /) o'1 n a 2 • • 11. What type of equipment will be used in the conduct of the business? Y A T 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? 14. Will the parking lots or other outdoor areas have lighting? 1te,�C 15. Are passenger loading zones for such uses as daycare centers and schools provided? How is busing routed? For commy rcial uses, where are the loading docks? Is there sufficient space for truck parking? 16. If a commercial. multi- assembly se, where is the nearest collect r street? Arterial street? 17. What, if any, signage is anticipated in connection with the proposed usage? 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. 0Z Lo Signature of Applicant Date � . U 322 w 4th south Re xburg Idaho 83440 107' 330' 4th south 0 Legend: 10x10 units outside boundary .;10x10 units inside 20'x240' - Driving lanes 15' wide -Fence with gate and keypad Actual drawings will be submitted with building permit Rug 13 2007 10:15AM R -1 Windshield, Inc. COMMENCING AT THE SOUTHEAST CORNER OF LOT ADDITION TO THE CITY OF REXBURG, MADISON COUP RECORDED PLAT THEREOF, AND RUNNING THENCE 20 RODS; THENCE EAST 6.5 RODS; THENCE SOUTH 2 BEGINNING Commonly known as: 322 West 4th South, Rexburg, ID 83 2083567846 P-1I IN BLOCK 1 OF THE KLINGLER tY, IDAHO, AS PER THE EST 6.5 RODS; THENCE NORTH RODS TO THE POINT OF P.1 J I C IT Y O E CONDITIONAL USE PERMIT REXBURG City of Rexburg A'°erkasT4"',,ycom,n „ nity Department of Community Development 19 E. Main St. / Rexburg, ID. 83440 Phone (208) 359 -3020 / Fax (208) 359 -3024 Project Information Permit # 0700349 Permit Type Conditional Use Permit Project Name Self - Storage Unit Facility - CUP Site Address 322 W 4TH S Parcel # RPROOOK0012930 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: 09/18/2007 Signature Date Issued By: EMILYA 0 c ��EXe,R CONDITIONAL USE PERMIT 4 I f Y O F y REXI3URG City of Rexburg Americas himity Community 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 322 W 4TH S Project Description Permit # 0700349 Project Name Self- Storage Unit Facility - CUP Parcel # RPROOOK0012930 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 itself is deemed objectionable by affected property owners or other members of the community, should be reviewed and approved by the Planning Commission or designee. 3. A site plan, elevation plans, and a lighting plan reflecting all conditions of approval and incorporating all City standards, e.g. landscaping, parking, design standards, 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 be 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 CBC zone requires a 20 -foot setback from property line; as the property line does not begin until approximately 15 feet behind back of sidewalk, the proposal will essentially need to observe a setback of approximately 35 -feet from back of sidewalk. 7. The final setbacks shall be approved by the planning department during the review of the building permit application process. All setback requirements shall be adhered to. 8. Sign permits are not covered by this permit and require a separate submittal for review and approval. Any and all signage shall comply with Rexburg's Sign ordinance, and shall obtain sign permits prior to installation. Print Name Signature Date Date Issued: 09/18/2007 Issued By: EMILYA o ��EXB„ R , CONDITIONAL USE PERMIT y �y GI CY OF IZEX13URG City of Rexburg CW Americas Fam ily co„ munf,' 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 322 W 4TH S Project Description Permit # 0700349 Project Name Self- Storage Unit Facility - CUP Parcel # RPROOOK0012930 Conditions 9. A decorative masonry wall, at least six (6) feet in height shall be erected along all property lines which lie adjacent to a residential zone. This can be modified if the adjacent property owners agree on an alternative material and then this mutually agreed upon fencing material is proposed and approved by the Planning Commission. 10. One parking space for every 200 units and one space per employee are required. Required parking shall be provided adjacent to main office. No required space shall be rented for the use for vehicular or similar storage. The site plan to be submitted with the building permit application shall be reviewed and approved by Madison Fire and Rescue as well as any other applicable agency /municipality. 11. The site plan shall include a diagram depicting vehicle maneuvering for vehicles the size of the City's large emergency vehicles. These vehicles should be depicted at corners of proposed buildings. 12. Ten (10) percent of the total parking area must be provided for landscaping and snow removal. The applicant will need to landscape all other areas not included as parking or maneuvering area. A landscape plan shall be submitted with the building permit for review and approval by the planning department. Print Name Signature Date Date Issued: 09/18/2007 Issued By: EMILYA 0 o �RrXa,k, c�rx oi� CONDITIONAL USE PERMIT t, L 6 ° RE XBITRG City of Rexburg America §FbrmlyCommunity 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 322 W 4TH S Project Description Permit # 0700349 Project Name Self- Storage Unit Facility - CUP Parcel # RPROOOK0012930 Conditions 13. To provide adequate screening of the proposed buildings and use, decorative opaque fencing (as reviewed and approved by the design review committee) shall be included along the front of the proposed buildings and parking area, but not within the front yard setback. In addition, landscaping shall be established within the front yard setback shall include the following as a minimum: a. Fully automated sprinkler system- details to be submitted for review and approval by the City Engineer. b. Evergreen trees- one tree per 20 feet of lot frontage, 7 -feet tall at planting. Drought tolerant and native trees should be considered. c. Shrubs- one shrub per 5 feet of lot frontage, five- gallon containers at planting. Drought tolerant and native shrubs should be considered. d. Ground cover shall include a majority of grass. Drought tolerant species such as buffalo grass or similar should be considered. 14. The slopes of the roofs must be inward to the property to avoid snow slipping into adjacent property. 15. The distance from the back of the sidewalk to the gate shall be at least 50 feet to allow for safely parked vehicles with trailers. 16. The storm drainage of the property shall be worked out with the City Engineer. )�J7. This Conditional Use Permit has been modified to reflect this motion from the October 2, 2008 P &Z meeting as follows: "David Stein motioned to modify the Conditional Use Permit for the storage units at 322 W. 4th S., to specify that the 35 -foot seback for the gate, where it currently is located, is adequate for public safety, and that the City will fine the developers the maximum fine allowed by City Ordinance. Dan Hanna seconded the motion." Motion Carried. Print Name Signature Date Date Issued: 09/18/2007 Issued By: EMILYA • 0 'x v o CITY OF CONDITIONAL USE PERMIT RE X B URG City of Rexburg Cw AmericasFwnilyCommunity Department of Community Development 19 E. Main St. / Rexburg, ID. 83440 Phone (208) 359 -3020 / Fax (208) 359 -3024 Project Information Permit # 0700349 Permit Type Conditional Use Permit Project Name Self - Storage Unit Facility - CUP S ite Addre.�3 W 4TH S Parcel # RPROOOK0012930 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 wi 0 Date Issued: 09/18/2007 Signature Date to I g 10 Issued By: EMILYA ��JC ¢fi%8 URC �d CONDITIONAL USE PERMIT CITY OF REX,U City of Rexburg America' FainiyCommunity 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 322 W 4TH S Project Description Conditions Permit # 0700349 Project Name Self- Storage Unit Facility - CUP Parcel # RPROOOK0012930 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 itself is deemed objectionable by affected property owners or other members of the community, should be reviewed and approved by the Planning Commission or designee. 3. A site plan, elevation plans, and a lighting plan reflecting all conditions of approval and incorporating all City standards, e.g. landscaping, parking, design standards, 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 be 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 CBC zone requires a 20 -foot setback from property line; as the property line does not begin until approximately 15 feet behind back of sidewalk, the proposal will essentially need to observe a setback of approximately 35 -feet from back of sidewalk. 7. The final setbacks shall be approved by the planning department during the review of the building permit application process. All setback requirements shall be adhered to. 8. Sign permits are not covered by this permit and require a separate submittal for review and approval. Any and all signage shall comply with Rexburg's Sign ordinance, and shall obtain sign permits prior to installation. Print Name Signature to b is tin Date Issued: 09/18/2007 Issued By: EMILYA • 0 geX11 �O 'S1 U C CONDITIONAL USE PERMIT C I T Y OF REX URG City of Rexburg AmericasFanmilyCommunity Department of Community Development 19 E. Main St. / Rexburg, ID. 83440 Ph one (208) 359 -3020 / Fax (208) 359 -3024 Project Information Permit Type Conditional Use Permit Site Address 322 W 4TH S Project Description Permit # 0700349 Project Name Self- Storage Unit Facility - CUP Parcel # RPROOOK0012930 Conditions 9. A decorative masonry wall, at least six (6) feet in height shall be erected along all property lines which lie adjacent to a residential zone. This can be modified if the adjacent property owners agree on an alternative material and then this mutually agreed upon fencing material is proposed and approved by the Planning Commission. 10. One parking space for every 200 units and one space per employee are required. Required parking shall be provided adjacent to main office. No required space shall be rented for the use for vehicular or similar storage. The site plan to be submitted with the building permit application shall be reviewed and approved by Madison Fire and Rescue as well as any other applicable agency /municipality. 11. The site plan shall include a diagram depicting vehicle maneuvering for vehicles the size of the City's large emergency vehicles. These vehicles should be depicted at corners of proposed buildings. 12. Ten (10) percent of the total parking area must be provided for landscaping and snow removal. The applicant will need to landscape all other areas not included as parking or maneuvering area. A landscape plan shall be submitted with the building permit for review and approval by the planning department. Date Issued: 09/18/2007 Issued By: EMILYA 0 IN 0 CONDITIONAL USE PERMIT CITY O F v REX City of Rexburg 0 America's Family Community Department of Community Development 19 E. Main St. / Rexburg, ID. 83440 Phone (208) 359 -3020 / Fax (208) 359 -3024 Project Information Permit # 0700349 Permit Type Conditional Use Permit Project Name Self- Storage Unit Facility - CUP Site Address 322 W 4TH S Parcel # RPROOOK0012930 Project Description Conditions 13. To provide adequate screening of the proposed buildings and use, decorative opaque fencing (as reviewed and approved by the design review committee) shall be included along the front of the proposed buildings and parking area, but not within the front yard setback. In addition, landscaping shall be established within the front yard setback shall include the following as a minimum: a. Fully automated sprinkler system- details to be submitted for review and approval by the City Engineer. b. Evergreen trees- one tree per 20 feet of lot frontage, 7 -feet tall at planting. Drought tolerant and native trees should be considered. c. Shrubs- one shrub per 5 feet of lot frontage, five- gallon containers at planting. Drought tolerant and native shrubs should be considered. d. Ground cover shall include a majority of grass. Drought tolerant species such as buffalo grass or similar should be considered. 14. The slopes of the roofs must be inward to the property to avoid snow slipping into adjacent property. 15. The distance from the back of the sidewalk to the gate shall be at least 50 feet to allow for safely parked vehicles with trailers. 16. The storm drainage of the property shall be worked out with the City Engineer. Print Name Date Issued: 09/18/2007 Issued By: EMILYA Signature 0 0 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, September 06, 2007, at 7:20 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a Conditional Use Permit (07 00349) for self - storage facilities. The property is located at 322 West 4th South, Rexburg, Idaho. The property is currently zoned Community Business Center (CBC). 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 storage units will be located at 322 West 4th South in Rexburg, Madison County, Idaho, and more particularly described as follows: Commencing at the Southeast corner of Lot 4 in Block 1 of the Klingler Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence West 6.5 rods; thence North 20 rods; thence East 6.5 rods; thence South 20 rods 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 September 5th, 2007. This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and all amendments thereof. DATED this 15th day of August, 2007. CITY OF REXBURG By Blair D. Kay, City ClerE 22 2007 September 01St, 2007 0 1 0 Findings of Fact City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 �EX81 ♦' CITY OF REX America's Family Community 322 West 4t South — Self Storage Unit Facility Conditional Use Permit 1. On August 6, 2007, Port Houston Real Estate, Inc. presented to the Rexburg Planning & Zoning Coordinator a Request and Application for a Conditional Use Permit for a self storage unit facility located at 322 West 4th South. 2. On August 15, 2007, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for August 22, 2007, and September 1, 2007. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 3. On September 6, 2007, Jeremy Bingham presented to the Planning & Zoning Commission for the City of Rexburg his Request for a Conditional Use Permit for a self storage unit facility located at 322 West 4 South. Mary Ann Mounts motioned to approve the Conditional Use Permit at 322 West 4 South for a Self Storage Unit Facility with the conditions listed in the staff report (see below), and that the slope of the roofs be inward to the property in question. She emphasized condition #11 about emergency vehicles, that there needs to be space for a 50 foot vehicle to be able to maneuver. Winston Dyer seconded the motion. Mike Ricks said there should be fifty feet from the curb so large vehicles with trailers can park safely. Dan Hanna asked if the motion included #12. Winston Dyer suggested a condition of approval addressing the storm drainage for the property. Mary Ann Mounts amended her motion to exclude condition #12, so the hours of regulation are not regulated. The nuisance ordinance can take care of that. She also added that the distance from the back of the sidewalk to the gate be at least 50 feet to allow for safely parked vehicles with trailers, and that the storm drainage of the property be worked out with the City Engineer. Winston Dyer 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 itself is deemed objectionable by affected property owners or other members of the community, should be reviewed and approved by the Planning Commission or designee. 3. A site plan, elevation plans, and a lighting plan reflecting all conditions of approval and incorporating all City standards, e.g. landscaping, parking, design standards, 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 be 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 CBC zone requires a 20 -foot setback from property line; as the property line does not begin until approximately 15 feet behind back of sidewalk, the proposal will essentially need to observe a setback of approximately 35 -feet from back of sidewalk. 7. The final setbacks shall be approved by the planning department during the review of the building permit application process. All setback requirements shall be adhered to. 8. Sign permits are not covered by this permit and require a separate submittal for review and approval. Any and all signage shall comply with Rexburg's Sign ordinance, and shall obtain sign permits prior to installation. 9. A decorative masonry wall, at least six (6) feet in height shall be erected along all property lines which he adjacent to a residential zone. This can be modified if the adjacent property owners agree on an alternative material and then this mutually agreed upon fencing material is proposed and approved by the Planning Commission. 10. One parking space for every 200 units and one space per employee are required. Required parking shall be provided adjacent to main office. No required space shall be rented for the use for vehicular or similar storage. The site plan to be submitted with the building permit application shall be reviewed and approved by Madison Fire and Rescue as well as any other applicable agency /municipality. 11. The site plan shall include a diagram depicting vehicle maneuvering for vehicles the size of the City's large emergency vehicles. These vehicles should be depicted at corners of proposed buildings. 12. The tnaxirnurar hours of operation, excluding office hours, is from 8-,im to 10 pm seven dativs per z -eek. No use of the storage units shell occur during the hours of 10prn to Sam, including but not limited to loading and unlC ding of V ell x,les, arrangement of- materials inside or outside of storage units, and any other noose ge_neratins7 :activities. (Excluded from the tnotion.j 13. Ten (10) percent of the total parking area must be provided for landscaping and snow removal. The applicant will need to landscape all other areas not included as parking or maneuvering area. A landscape plan shall be submitted with the building permit for review and approval by the planning department. 14. To provide adequate screening of the proposed buildings and use, decorative opaque fencing (as reviewed and approved by the design review committee) shall be included along the front of the proposed buildings and parking area, but not within the front yard setback. In addition, landscaping shall be established within the front yard setback shall include the following as a minim a. Fully automated sprinkler system- details to be submitted for review and approval by the City Engineer. b. Evergreen trees- one tree per 20 feet of lot frontage, 7 -feet tall at planting. Drought tolerant and native trees should be considered. c. Shrubs- one shrub per 5 feet of lot frontage, five -gallon containers at planting. Drought tolerant and native shrubs should be considered. d. Ground cover shall include a majority of grass. Drought tolerant species such as buffalo grass or similar should be considered. • Planning and Zoning Department A . �tixavR� STAFF REPORT 12 North Center garyl @rexburg.org Phone: 208.359.3020 x314 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3024 C I T Y OF R America§ Family Community SUBJECT: Conditional Use Permit, file # 07 00349 V)AOTI S APPLICANT: Port Houston Real Estate, Inc. Cr A D-t E 0 P.O. Box 256 Shelly, ID 83274 PROPERTY OWNER: Same PURPOSE: Request to construct and operate a self - storage unit facility. PROPERTY LOCATION: 322 West 0 South Rexburg, Idaho 83440 PROPERTY ID: RPROOOK0012930 COMPREHENSIVE PLAN: Commercial ZONING DISTRICT: 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 construction and operation of a self storage unit facility. The requested use is listed as a conditional use within the CBC zone. 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. Case No. 07 00349 Page 1 0 • II. SITE DESCRIPTION The subject property is a 36,280 square foot (0.83 -acre) lot located (and accessed) from W 4 South, a 60 -foot paved minor arterial (99 -foot right -of -way). The surrounding neighborhood includes commercial to the west, commercial and residential to the east, commercial and residential to the south and residential to the north. The property is located in an area of mixed uses and zones. 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 proposed use is listed as a conditionally permitted use under Section 3.17.020(E) of the Development Code; 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 Commercial. The zoning district of CBC is an allowed zoning designation within the comprehensive plan designation of Commercial; therefore the proposal is in compliance with the City Comprehensive Plan. Regarding regulations of the City development code, the following are applicable substantive criteria and how they relate to the proposal; i. Yard requirements a. Front Yard- front yards are required to be a minimum of 20 feet. The site plan submitted does not depict this requirement; however, this will be enforced during a review of the site plan to be submitted with a building permit application. It should be noted that the subject property line does not begin until approximately 15 -feet behind the existing sidewalk. Therefore, with a 20 -foot setback from property line, the proposal will need to observe a setback of 35 -feet from back of sidewalk (see proposed conditions of approval). Parking areas are prohibited from being located within the front yard setback; rather these areas are to be reserved for landscaping. Note: The structure that was recently demolished observed a setback of approximately 42 feet from back of sidewalk (27 -feet from property line). b. Side Yards- There are no requirements where the subject property abuts another commercial zone. c. Rear Yard- There is no requirement, however the Commission should determine if this standard is adequate for addressing any foreseeable impacts to the adjacent residential property. The Ordinance requires a setback of 10 feet for side yards specifically when adjacent to a residential zone, but not at a rear yard. ii. Building Height- Building heights for buildings cannot exceed 45 -feet. The applicant is proposing a building that adheres to this standard. Case No. 07 00349 Page 2 • 0 iii. Permissible Lot Coverage- As the majority of the subject property's perimeter is bordered by a commercial zone, no lot coverage standard applies other than the area for landscaping and snow coverage requirement which is ten (10) percent. The applicant has not shown area calculations for these required areas. As a condition of approval, the applicant needs to show this information on the site plan/landscape plan to be submitted with the building permit application (see proposed conditions of approval). iv. Project Plan Approval- This section of the development code requires that project plans must be prepared by A/E professionals and be submitted for review and approval by the Architectural and Design Review Board and all City departments and permitting authorities. The applicant will need to submit a site plan/landscape plan, and building elevations that complies with all City codes. The Architectural and Design Review Board shall review and approve these plans as they apply to the Architectural and Design Review criteria. The above are included as proposed conditions of approval. v. Signs- Sign permits are not covered by this application and require a separate submittal for review and approval. vi. Landscaping- As mentioned earlier, the applicant must provide a minimum of ten (10) percent of the total parking area towards landscaping and snow removal. The applicant will need to landscape all other areas not included as parking or maneuvering area. A landscape plan should be submitted with the building permit for review and approval by the planning department. Staff has provided the above recommendations as proposed conditions of approval. vii. Trash Storage- Trash receptacles need to be screened from adjacent property. This material used for screening shall be described in the site plan to be submitted with the building permit application. The receptacles cannot be located within twenty (20) feet of the public right -of -way. No receptacle or screening details have been submitted for review at this time (see proposed conditions of approval). viii. Walls and Fences- The development code requires that where the commercial property abuts a residential zone, "a decorative masonry wall, at least six (6) feet in height shall be erected along all property lines which lie adjacent to a residential zone." This can be modified if the adjacent property owners agree on an alternative material and then this mutually agreed upon fencing material is proposed and approved by the Planning Commission. This is a proposed condition of approval. ix. Lighting Standards- The proposal will need to submit a lighting plan with the building permit application that adheres to the City's lighting standards for submitted plans and for lighting standards (see proposed conditions of approval). The ordinance prohibits wall mounted lighting that is intended to light parking and maneuvering areas (see proposed conditions of approval). x. Parking- The City's Development Code does not have a specific parking requirement for storage units. The Code does provide that when specific land uses are not included in the table for parking requirements, "other uses not included above are to be determined by the Planning Commission." The applicant has proposed 0 parking spaces. Staff recommends a standard of One parking space for every 200 units and one space per employee. No required space shall be rented for the use for vehicular or similar storage. The site plan to be submitted with the building permit application shall be reviewed and approved by Madison Fire and Rescue as well as any other applicable agency /municipality. This parking requirement is a proposed condition of approval. Based on the above analysis of relevant substantive criteria and as conditioned, this criterion is met. Case No. 07 00349 Page 3 0 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 surrounding land uses include commercial, and residential. The proposed buildings would not be dissimilar to the storage buildings to the west. The proposal includes zero lot lines on three sides. One side would be adjacent to a residential zone. The Commission should look at potential visual impacts to the area. In addition, there appears to be areas where the proposed building will create pockets of space that may not be accessible to maintain, but will be visible to the adjacent residential properties. These areas should be explored by the Planning Commission and as a minimum be addressed on a landscape plan that should be submitted with the building permit application. Care should be taken with regards to the landscaping within the front yard setback. This area should include landscaping that has an automated irrigation system and trees, shrubs, and grass. The number of trees required should be one (1) tree per 20 feet of lot frontage and one (1) shrub per 5 feet of lot frontage. Trees should be places in a manner that will screen the buildings and should be evergreen to provide non - seasonal screening. Evergreen trees should be planted at a 7- foot height minimum at planting. Shrubs should be 5- gallon containers at planting. Landscaping should be maintained in a manner that does not detract from adjacent property. In addition, decorative opaque fencing (as reviewed and approved by the design review committee) should be included along the front of the proposed buildings and parking area, but not within the front yard setback (see proposed condition of approval). 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, there are no foreseeable impacts to the neighborhood but they may need to be explored by the Planning Commission. Regarding the potential impacts of noise, vibration, and odors, the commission should explore these standards and determine if reasonable conditions of approval might address them. Hours of operation are proposed to be 24 hours per day. As this is conditional use permit, the Commission may determine what hours of operation will create the least impact on the surrounding area and community. Potential impacts might include noise impacts at late hours. These noises may include voices, vehicles, loading and unloading. Staff would recommend limiting hours of operation/access from 10 pm to Sam in order to avoid potential impacts on adjacent property (see proposed condition of approval). 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 at storage unit facilities can include bulky items that tend to overflow receptacles. Trash receptacles should be fully screened from the public right -of- way and should not be visible from adjacent residential property. There should be no outside storage of material or equipment unless fully screened form public right -of -way. This screening, if in itself 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. In order to ensure adequate maneuvering area for large vehicles including moving vans, RVs, and fire trucks, the site plan should include a diagram depicting vehicle maneuvering for vehicles the Case No. 07 00349 Page 4 • 9 size of the City's large emergency vehicles. These vehicles should be depicted at corners of proposed buildings (see proposed conditions of approval). 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. 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. The Commission should determine if 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 are not described. As there are adjacent residential zones which may be impacted now or in the future, the Commission may want to condition the use on hours of operation. Staff recommends the maximum hours of operation/access to be from Sam to 10 pm seven days per week. No use of the storage units shall occur during the hours of l Opm to Sam, including but not limited to loading and unloading of vehicles, arrangement of materials inside or outside of storage units, and any other noise generating activities (see proposed conditions of approval). 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 buildings should be compatible with existing building in the area based on scale and appearance. In addition, the City's architectural design standards will apply to the proposed structure and site; therefore, there are no foreseeable building size impacts. The City requires minimum setbacks and screening for parking areas. This requirement will be reviewed during the site plan review phase when the applicant submits a building permit application. The Commission should determine if the proposal as proposed, or with 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. Not applicable L Not result in the destruction, loss or damage of a historic feature of significance to the community of Rexburg. Case No. 07 00349 Page 5 • 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 a number of 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 itself is deemed objectionable by affected property owners or other members of the community, should be reviewed and approved by the Planning Commission or designee. 3. A site plan, elevation plans, and a lighting plan reflecting all conditions of approval and incorporating all City standards, e.g. landscaping, parking, design standards, 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 be 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 CBC zone requires a 20 -foot setback from property line; as the property line does not begin until approximately 15 feet behind back of sidewalk, the proposal will essentially need to observe a setback of approximately 35 -feet from back of sidewalk. 7. The final setbacks shall be approved by the planning department during the review of the building permit application process. All setback requirements shall be adhered to. 8. Sign permits are not covered by this permit and require a separate submittal for review and approval. Any and all signage shall comply with Rexburg's Sign ordinance, and shall obtain sign permits prior to installation. C � decorative masonry wall, at least six (6) feet in height shall be erected along all property lines which lie adjacent to a residential zone. This can be modified if the adjacent property owners agree on an alternative material and then this mutually agreed upon fencing material is proposed and approved by the Planning Commission. 10. One parking space for every 200 units and one space per employee are required. Required parking shall be provided . No required space shall be rented for the use for vehicular P ° � or similar storage. The site plan to be submitted with the building permit application shall be reviewed and approved by Madison Fire and Rescue as well as any other applicable agency /municipality. 11. The site plan shall include a diagram depicting vehicle maneuvering for vehicles the size of the City's -0 rge emergency vehicles. These vehicles should be depicted at corners of proposed buildings. he maximum hours of operation, excluding office hours, is from 8am to 10 pm seven days per week. No use of the storage units shall occur during the hours of l Opm to Sam, including but not limited to loading and unloading of vehicles, arrangement of materials inside or outside of storage units, and any other noise generating activities. 13. Ten (10) percent of the total parking area must be provided for landscaping and snow removal. The applicant will need to landscape all other areas not included as parking or maneuvering area. A Case No. 07 00349 Page 6 • 0 landscape plan shall be submitted with the building permit for review and approval by the planning department. 14. To provide adequate screening of the proposed buildings and use, decorative opaque fencing (as reviewed and approved by the design review committee) shall be included along the front of the proposed buildings and parking area, but not within the front yard setback. In addition, landscaping shall be established within the front yard setback shall include the following as a minimum: a. Fully automated sprinkler system- details to be submitted for review and approval by the City Engineer. b. Evergreen trees- one tree per 20 feet of lot frontage, 7 -feet tall at planting. Drought tolerant and native trees should be considered. c. Shrubs- one shrub per 5 feet of lot frontage, five- gallon containers at planting. Drought tolerant and native shrubs should be considered. d. Ground cover shall include a majority of grass. Drought tolerant species such as buffalo grass or similar should be considered. �b I�✓T3RDY� GSTN E�)G� —��(� OA E- br.n<�J10� M -L aL) S Case No. 07 00349 Page 7 REXBURG STORAGE - DRIVING LANES 19 FE -END LANES 40 FEET - COVERED SPACE 39% RED BUILDINGS 1- 90x10 2- 30OXIO BLUE BUILDINGS 1- 20 X 240 1 10 X 240 AUG 15 1007 Cl y OF REXBURG A � s � 1 � F y 1 [€ s F 9 1 4 Cr 330 oil U17 p j i .22 W 4T SOUTH re r", 13"- --o a REC EIVED w-(� E 0 10 20 40 Feet s 1 inch equals 40 feet SEP. 5. 2007 10:12AM � ` - F N0. 1613 P. 1 -.fir A eYLCa-72 TztZG C07 ?7 i27Z `� ), ll Of .fast Zd -p Z7 DB) F WAIN • rBURG- rul4cy 63440 �'�'HONE RD,9) 356-96 � AX RD91 �5G.356B - No. of Pages inciuding cover shoat. DATE: PLEASE DELI' TO: TIME: , a " ; I, ,,_ COMPANY: FROM: FAX NO: RE: MESSAGE: I; )1DLJ ha\ any problems � lea cen�ng his message or have an P se cbntac3 us of (2DB)� �36b3 ) flues pns reparding' our C � 1 J )= ►D E n 714L�7�� is ad N - s mss - oTE, Tl» Gr g and r 9@ 'E of ay conta,n � that; ' rnols PS mtEnd-d Dr)b for the Df the r ?ppr�ble Iz�•,� If t`Ja raadrr cr; ffi, P °eb. anfoen5al, o ei -JUij, to vr��c5 � for 5 m�. sage is n o End 0 1: d�fiv_rirlg fie m_ a °j - 1 7 t�nCl90 roa Ta -rnp n d!SrJesurE u�dnr O °r,�ino$D acS2 b or `�'?° infDr,dad rZd ja p rn. Dr itl� °JT��iD aE an osiribIADn or cap)in o f fhis Pent )'DU are ham tent Cq on in error, P1pzS� nD wrnm JruJ: on is s'bi�i , b) noth, t -1ot Orly aadr� - �) )J5 ; nmE�iate) , o - ) Aroh;bitad- lf� have receiv- . ss \ the U.S. P ) b) t.Japh - and re�,rn , - ad his Sen%J ►�',8 )CDLI� D�DL7a ,nemc�° tL L'5 Hj SEP. 5, 2007 10:12AM d s "'RECORDING REQUEST BY First American Title Company AND WHEN RECORDED MAIL TO: First American Title Company 535 First American Circle Rexburg ID 83440 N0. 1613 P. 2 lnstrtimant# 33SO98 '�0 REASURG MAD =N, IDAHO 2M?-M-23 2 QX45:.(10- Nbi Of P4905_ 2 Ri�COrded"fbF : PIRS -T i�NIEF�IGA ` r M At; Vu R. RA 1 t For e . 0% Ex -Qfflcb Recorder DapUly_ File No. ; 324317 -RX (mh) Date; August 24, 2007 For,Value Received' Bill C. Blair and Barbara 7. Blair, husband and wife,.hereinafter'called the Grantor, hereby grants, bargains, sells and conveys unto Pok Houston Real Estate,. Inc.; hereinafter called the Grantee, whose current address is 322 West 4th South, Rexburg, ID 83440, the following described premises, situated In Madison County, Idaho, to -wit: COMMENCING AT' THE SOUTHEAST CORNER OF LOT 4 IN BLOCK 1 OF THE KLINGLeR ADDITION TO THE CITY OF REXBURG, MADISON' COUNTY, IDAHO, AS PER THE RECORDED PLAT THEREOF, AND RUNNING THENCE WEST 6.5 RODS; TAENCIE NORTH 20 RODS; THENCE EAST 6.5 RODS) THENCE SOUTH 20 RODS TO THE POINT OF BEGINNING" " SUBJECT TO all easements, right of ways, Covenants, restrictions, reservations, applicable building and zoning ordinances and use regulations and restrictions of record, and payment of accruing present year taxes and assessments as agreed to by parties above. TO HAVE AND TO HOLD the said premises, with its appurtenances, unto the said Grantee, and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. This Line for WARRANTY DEED SEP. 5. 2007`10.12A P. 3 M' "" y,`...; :,, .�;�= ":�a " c, ` z, V . r ;.� : =�h ; �` ;,i.•. '' N0, 1613' ti x/ .ti �a ; . r as .�' '� t ,.i� ,�,.. � ^ '•�n2: , , � •. yk' - r °�•�' � •• �-! , ' �. 'i}± ern. :: ��ao la . ^i � .. : • `aC,' a,N:. we1d , ° r '� l.:�e_i .Yi.1•ry a3''�' }:11 a "�ip � }f .aLr •'b:,,,:' "•; 1 �'Ne''� n' K�'� . :A�'vF e•' � 4 `e ,l',X'a as "'Sir :ak F - a Iw • r.i•W . , . ,., .; E•" V' f;. 4r a• ,: e q, Date: 08/24/2007 Wan an b Deed «,� ~, - F a _" j err�lo.. 2 4317-RX (mh7r . ' - continued `y y x. Bill G.` Blair - Barbara J. Blair EFC VED y =' STATE OP Idaho ) , �,: r. SS. f COUNTY OF Madison El F Ikea On this day of August, 2007, before me, a Notary Public in and for said State personally appeared, Bill C. Blair and Barbara J. Blair, known or identified t0' me to be the person(s) whose name(s) is /are subscribed to the within instrument, and acknowledged to me that he /she /they exequted the same. • NICKI L. STEARS STATE OF IDAHO NOTARY PUBLIC, Notary Oublic for the. State� of JIa ' .' ...,� Residing at: mbar , - � s ' 1 My Commission Expires;- 0,2/� Page 2 of 2 •:.', � ' ..��NnHYN• - .. �1. /A`NKJaf'/YVOFPiJ.. 4' � 12 0 � 4M O .p Z � O