Loading...
HomeMy WebLinkAboutMULT DOCS - 08-00423 - Hemming Properties - CUP for Parking Lotr � Conditional Use Permit City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 Y gtiXHt'Rr r CITY Q F R EX B URG OW Amerita Fex >ni(y arrirnienifv Fee(s) Paid: Yes /No CUP: $250.00 Publication: $200.00 Applicant Name: Chad Richards (Headwaters Construction Co.) Address: 175 S. 2n W. City: Rexburg State: ID Zip: 83440 Phone: 208 - 313 - 2092 Owner (Complete if owner not applicant) Name: Hemming Properties Address: 3113 W. 1000 N. City: Rexburg State: ID Zip : 83440 Phone: 208 - 351 -6263 Property Covered by Permit: _144W., 140W., 130W., 124W., 1 S. Zone: # ess' Description (Lot, Block, Addition, Division Number) Commencing at a point 13 1/3 rods West of the Southeast corner of Lot 4 in Block 40 City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running North 10 rods; thence West 53 feet; thence South 10 rods; thence East 53 feet to the point of beginning Commencing 10 rods West of the Southeast corner of Lot 4 in Block 40 City of Rexburg Madison County, Idaho, as per the recorded plat thereof, and running thence West 3 1/3 rods; thence North 10 rods; thence East 3 1/3 rods; thence South 10 rods to the point of beginning Commencing at the Southwest corner of Lot 4 in Block 40 City of Rexburg Madison County Idaho as per the recorded plat thereof, and running thence East 57 feet; thence North 148.5 feet; thence West 57 feet; thence South 148.5 feet to the point of beginning. Commencing 148.5 feet North of the Southwest corner of Lot 4 in Block 40 City of Rexburg Madison County, Idaho, as per the recorded plat thereof, and running thence East 57 feet; thence North 16.5 feet; thence West 57 feet; thence South 16.5 feet to the point of beginning Commencing 272.25 feet East of the Southwest corner of Lot 3 in Block 40-1. City of Rexburg Madison County, Idaho, as per the recorded plat thereof, and running thence North 165 feet; thence East 57.75 feet; thence South 165 feet; thence West 57.75 feet to the point of beginning. attach a vicinity map of the property to this application. r 0 Nature of Request (Briefly explain the proposed use) existing church lot located at 1" S. and 2n W The parking lot extension will incorporate 2 full-size residential lots and the back portions of two additional lots all located directly east of the LDS church building Construction of the parking lot is intended to replace the existing church lot now in use on the south side of 1" S Existing use of property: The 4 lots are medium density residential lots currently providing student housing_ Will this have an impact on schools: _N 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? Water usage is strictly for parking lot perimeter landscaping Water from existing mains will be utilized &at is the estimated sewer usage per month? Will pretreatment be necessary? Demolition of existing homes and construction of new parking lot will eliminate sewer usage by 2 residences 3. What is the estimated daily traffic to be generated? Will the traffic be primarily private vehicles or commercial trucks? Estimated daily traffic for this lot will be the same as for the lot it replaces to the south 4. If commercial, industrial, or a home occupation, what will be the hours of operation? Typical for church usage and for lot it replaces across street. 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? A separate water retention system will be utilized. No existing storm drain system or city connection will be utilized. 6. If proposed use is residential, describe number and type of dwelling units. Will this be student housing: multi- family for young families, singles and couples, or elderly? N/A , hat provision has been made for fire protection? Where is the nearest fire hydrant? ng further than 150 feet from access sufficient in width for fire fighting equipment? aMTdonal fire protection is required for requested use. Is any point of the None. No 2 r 0 much parking is being provided on -site? Do the aisle widths and access points comply with the ordinance rents? Has landscaping been provided in accordance with the ordinance? Aisle widths and access points currently in place be waived to match the existing setback already in place at the church lot 9. Where will solid waste generated be stored? Is access adequate for the City collection? No additional solid waste will be generated. Existing location and container to be used. 10. What is the type of noise that will be generated by the use? What are the hours of noise generation? Vehicle traffic in a typical parking lot only. Since this lot will replace the existing one directly to the south, no additional noise generation will occur. 11. What type of equipment will be used in the conduct of the business? _None. 12. What are the surrounding land uses? Has buffering been provided as required by the ordinance? _Medium to High Density Residential. 13. Are any air quality permits required? Is dirt or other dust creating materials moved by open trucks or box cars? *will the parking lots or other outdoor areas have lighting? Yes per city requirements. 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? N/A 16. If a commercial, multi- family, or public assembly use, where is the nearest collector street? Arterial street? 1" S. is the collector street. 2 " W. is the nearest arterial. 17. What, if any, signage is anticipated in connection with the proposed usage? Standard for parking lot 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. 2 ©s Wturc of Applicant Date 0 June 3, 2009 Mr. Richie Webb Hemming Properties 140 West 2nd South Rexburg, ID 83440 04 gEX BVR� ` i n r 0 C IT Y OF REX Americas Family Community 4 Re: #08 00423 Hemming Conditional Use Permit — 144.140,130, &124 West Pt South. Dear Richie, Enclosed are the conditions of approval in regard to your Conditional Use Permit application concerning the building of a parking lot.. I think you may have a copy of these already. For your information, however, I thought I would go ahead and send them to you again as I was going through my files, since it has been several months since P &Z heard this issue. Thank you, Elaine McFerrin Planning & Zoning Coordinator Elaine McFerrin, Planning & Zoning Coordinator City of Rexburg 19 E Main Rexburg, ID 83440 Phone: 208.359.3020 ext. 334 Fax: 208.359.3024 CONDITIONAL USE PERMIT REXBURG City of Rexburg ah �in,rn..nil, Department of Community Development 19 E. Main St. / Rexburg, ID. 83440 Phone (208) 359 -3020 / Fax (208) 359 -3024 Project Information Permit # 0800423 Permit Type Conditional Use Permit Project Name Hemming Properties - CUP for Parking Site Address 144 W 1 ST S Parcel # Lot RPRRXB 10404690, Project Description RPRRXB 10404650, RPRRXB 10404670, RPRRXB 10404630 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: Signatur Date Issued By: ELAINEM CONDITIONAL USE PERMIT ti C I T Y O P REXBURG City of Rexburg Department of Community Development 19 E. Main St. / Rexburg, ID. 83440 Phone (208) 359 -3020 / Fax (208) 359 -3024 Project Information Permit # 0800423 Permit Type Conditional Use Permit Project Name Hemming Properties - CUP for Parking Site Address 144 W 1ST S Parcel # Lot RPRRXB 10404690, Project Description RPRRXB 10404650, RPRRXB 10404670, RPRRXB 10404630 Conditions 1. The following landscaping standards shall apply: a. Surface Parking lots (single level) i. Provide ten (10) percent landscaping /snow storage fqr total area of impervious surface, may be interior landscaping or perimeter. 1. Provide one (1) tree per 500 square feet (2 inch caliper minimum) 2. Provide one (1) shrub per 50 square feet (3 gallon minimum). ii. Ground cover shall primarily be live plant material ( e.g. grasses versus rock). b. Perimeter of all parking areas adjacent to public right -of -way i. Regardless of building setbacks, provide twenty (20) foot landscape strips running parallel to right -of -way, 1. Provide one (1) tree per 20 lineal feet of road frontage (2 inch caliper minimum). 2. Provide one (1) shrub per 5 lineal feet of road frontage (5 gallon minimum) and/or shall be sufficient in size to create desired screening within two years of planting. ii. Ground cover shall primarily be plant material(e.g.grasses versus rock). c. Landscaped areas shall utilize an automatic, low volume irrigation system to insure maturation and maintenance. 2. A site plan reflecting all conditions of approval and incorporating all City standards, e.g. landscaping, parking, etc. shall be submitted and approved by the City prior to the issuance of a conditional use permit 3. Commercial lighting standards per the City's development code shall be adhered to. Lighting plan shall be submitted to the Public Works /Engineering Department for review and approval prior to installation. Print Name Signaturt Date Date Issued: Issued By: ELAMEM CONDITIONAL USE PERMIT C:IT Y OF r RFXBURG City of Rexburg Department of Community Development 19 E. Main St. / Rexburg, ID. 83440 Phone (208) 359 -30201 Fax (208) 359 -3024 Project Information Permit # 0800423 Permit Type Conditional Use Permit Project Name Hemming Properties - CUP for Parking Lot Site Address 144 W l ST S Parcel # RPRRXB 10404690, Project Description RPRRXB 10404650, RPRRXB 10404670, RPRRXB 10404630 Conditions 4. No construction of the parking lot shall occur unless and until a purchase or property transfer agreement is entered into with the LDS Church for the trading of the lots on the south of West I st South (currently addressed as 155 and 149 West 1st South). Evidence of this agreement shall be submitted to the Community Development Department, and shall be reviewed by the Planning and Zoning Administrator to insure this Condition has been met. Construction shall not begin until this condition is satisfied. 5. The two lots that are proposed to have dwelling units (130 and 124 W 1 st South) shall observe the following: a. Any proposed lot line adjustment or property transfer of any kind shall first be reviewed by City staff to insure all minimum lot requirements are met. b. Should the lots be reduced in size through any form of property ownership transfer which reduces the size of the existing lots,than those newly created lots with dwelling units shall not fall below the minimum lot sizes of 4500 square feet. d. It shall be shown that all parking requirements for single family, multi- family, and dormitory style housing are met. d. Parking areas proposed to meet the requirements ofthe dwelling units shall not include parking spaces that are located within the required front yard ( 20 -feet from property line, or 25 -feet from back of sidewalk), except as allowed by ordinance which allows single family homes to have some parkinginthe front yard. e. Front yards shall not include more than 40% of hardscape surfaces, including driveways and sidewalks. f. Should the parking demand not be satisfied for 124 W. 1 st South, the owner at the time agrees to discontinue the use as a dormitory style home and re- establish a single family home. Print Name Date Issued: Signaturt Date Issued By: ELAMEM gc.x Gi; CONDITIONAL USE PERMIT o �• < E. I 'T 1 o F REXBURG City of Rexburg 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 144 W 1ST S Project Description Permit # 0800423 Project Name Hemming Properties - CUP for Parking Parcel # Lot RPRRXB 10404690, RPRRXB 10404650, RPRRXB 10404670, RPRRXB 10404630 Conditions 6. The access point to the public right -of -way (West 1 st South) as shown on the submitted plans is not necessarily approvable as depicted, and must therefore be reviewed and approved by the City Engineer prior to construction. Print Name Date Date Issued: Issued By: ELALNEM Signatur( 04 gEXeVR�, CITY OF REX America's Family Community Hemming Properties — Conditional Use Permit 144, 140, 130, &124 West 1st South #08 00423 Conditions of Approval 1. A site plan reflecting all conditions of approval and incorporating all City standards, e.g. landscaping, parking, etc. shall be submitted and approved by the City prior to the issuance of a conditional use permit. 2. Commercial lighting standards per the City's development code shall be adhered to. Lighting plan shall be submitted to the Public Works /Engineering Department for review and approval prior to installation. 3. The following landscaping standards shall apply: a. Surface Parking lots (single level) i. Provide ten (10) percent landscaping /snow storage for total area of impervious surface, may be interior landscaping or perimeter. 1. Provide one (1) tree per 500 square feet (2 inch caliper minimum) 2. Provide one (1) shrub per 50 square feet (3 gallon minimum). I Ground cover shall primarily be live plant material (e.g. grasses versus rock). b. Perimeter of all parking areas adjacent to public right -of -way i. Regardless of building setbacks, provide twenty (20) foot landscape strips running parallel to right -of -way. 1. Provide one (1) tree per 20 lineal feet of road frontage (2 inch caliper minim um). 2. Provide one (1) shrub per 5 lineal feet of road frontage (5 gallon minimum) and /or shall be sufficient in size to create desired screening within two years of planting. I Ground cover shall primarily be live plant material (e.g. grasses versus rock). c. Landscaped areas shall utilize an automatic, low volume, irrigation system to insure maturation and maintenance. 4. The two lots that are proposed to have dwelling units (130 and 124 W Pt South) shall observe the following: a. Any proposed lot line adjustment or property transfer of any kind shall first be reviewed by City staff to insure all minimum lot requirements are met. b. Should the lots be reduced in size through any form of property ownership transfer which reduces the size of the existing lots, than those newly created lots with dwelling 0 0 units shall not fall below the minimum lot sizes of 4500 square feet. c. It shall be shown that all parking requirements for single family, multi - family, and dormitory style housing are met. d. Parking areas proposed to meet the requirements of the dwelling units shall not include parking spaces that are located within the required front yard (20 -feet from property line, or 25 -feet from back of sidewalk), except as allowed by ordinance which allows single family homes to have some parking in the front yard. e. Front yards shall not include more than 40% of hardscape surfaces, including driveways and sidewalks. f. Should the parking demand not be satisfied for 124 W 11t South, the owner at the time agrees to discontinue the use as a dormitory style home and re- establish a single family home. No construction of the parking lot shall occur unless and until a purchase or property transfer agreement is entered into with the LDS Church for the trading of the lots on the south of W Pt South (Currently addressed as 155 and 149 W 11t South). Evidence of this agreement shall be submitted to the Community Development Department, and shall be reviewed by the Planning and Zoning Administrator to insure this condition has been met. Construction shall not begin until this condition is satisfied. The access point to the public right -of -way (W Pt South) as shown on the submitted plans is not necessarily approvable as depicted, and must therefore be reviewed and approved by the City Engineer prior to construction. 61 6. 0 0 Findings of Fact QEXBUR .iJ� � CITY OF City of Rexburg v. o T) r. XBURG iC t� � 12 North Center Phone: 208.359.3020 America's Family Community Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 Hemming Properties — 144,140, 130, &124 West 1" South Conditional Use Permit 1. On September 5, 2008, Chad Richards of Headwaters Construction Co., representing Hemming Properties, presented to the Rexburg Planning & Zoning Coordinator a Request and Application for a Conditional Use Permit for a parking lot at 144, 140, 130, &124 West 1 S South. 2. On September 2, 2008, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for September 3, 2008 and September 18, 2008. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 3. On September 18, 2008, Johnny Watson of JRW & Associates and representing Hemming Properties, presented to the Planning & Zoning Commission for the City of Rexburg the Request for a Conditional Use Permit for a parking lot at 144, 140, 130, & 124 West 1" South. Mary Ann Mounts motioned to approve the request for Hemming Properties for a Conditional Use Permit for a parking lot to include all of the proposed conditions listed in the Planning staff report (see final conditions of approval below). Dan Hanna seconded the motion Regarding the proposed condition # 5 — Chairman Dyer wanted to amend the wording to include unless and to "No construction of the parking lot shall occur unless and until a purchase of property transfer agreement is entered into with the LDS Church for the trading of the lots on the south of W. 1" South (currently addressed as 155 and 149 W. V South)." Mary An Mounts amended the motion to include this change in the wording of condition #5. Dan Hanna seconded the motion. None opposed. Motion carried Conditions of Approval 1. A site plan reflecting all conditions of approval and incorporating all City standards, e.g. landscaping, parking, etc. shall be submitted and approved by the City prior to the issuance of a conditional use permit. 2. Commercial lighting standards per the City's development code shall be adhered to. Lighting plan shall be submitted to the Public Works /Engineering Department for review and approval prior to installation. 3. The following landscaping standards shall apply: a. Surface Parking lots (single level) i. Provide ten (10) percent landscaping /snow storage for total area of impervious surface, may be interior landscaping or perimeter. 1. Provide one (1) tree per 500 square feet (2 inch caliper minimum) 2. Provide one (1) shrub per 50 square feet (3 gallon minim um). ii. Ground cover shall primarily be live plant material (e.g. grasses versus rock). b. Perimeter of all parking areas adjacent to public right -of -way i. Regardless of building setbacks, provide twenty (20) foot landscape strips running parallel to right -of -way. 1. Provide one (1) tree per 20 lineal feet of road frontage (2 inch caliper minimum): 2. Provide one (1) shrub per 5 lineal feet of road frontage (5 gallon minim and /or shall be sufficient in size to create desired screening within two years of planting. ii. Ground cover shall primarily be live plant material (e.g. grasses versus rock). c. Landscaped areas shall utilize an automatic, low volume, irrigation system to insure maturation and maintenance_ 4. The two lots that are proposed to have dwelling units (130 and 124 W 1 st South) shall observe the following: a. Any proposed lot line adjustment or property transfer of any kind shall first be reviewed by City staff to insure all minimum lot requirements are met. b. Should the lots be reduced in size through any form of property ownership transfer which reduces the size of the existing lots, than those newly created lots with dwelling units shall not fall below the minimum lot sizes of 4500 square feet. c. It shall be shown that all parking requirements for single family, multi- family, and dormitory style housing are met. d. Parking areas proposed to meet the requirements of the dwelling units shall not include parking spaces that are located within the required front yard (20 -feet from property line, or 25 -feet from back of sidewalk), except as allowed by ordinance which allows single family homes to have some parking in the front yard. e. Front yards shall not include more than 40% of hardscape surfaces, including driveways and sidewalks. f. Should the parking demand not be satisfied for 124 W 1St South, the owner at the time agrees to discontinue the use 2 as a dormitory style home and re- establish a single family home. 5. No construction of the parking lot shall occur unless and until a purchase or property transfer agreement is entered into with the LDS Church for the trading of the lots on the south of W 1St South (Currently addressed as 155 and 149 W 1 St South). Evidence of this agreement shall be submitted to the Community Development Department, and shall be reviewed by the Planning and Zoning Administrator to insure this condition has been met. Construction shall not begin until this condition is satisfied. 6. The access point to the public right -of -way (W 1 st South) as shown on the submitted plans is not necessarily approvable as depicted, and must therefore be reviewed and approved by the City Engineer prior to construction. 3 • • Planning and Zoning Depadment XBUR CEO 0 CITY OF X� STAFF REPORT > o RE BT r V 1\ cw 12 North Center garyi@rexburg.org Phone: 208.359.3020 x314 •.<< Americas Family Community Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3024 N E D SUBJECT: Conditional Use Permit, file # 08 00423 Hemming Properties APPLICANT: PROPERTY OWNER: Hemming Properties 3113 W.1000 N. Rexburg, ID PURPOSE: Parking lot PROPERTY LOCATION: 144, 140, 130, and 124 W. 1 S. PROPERTY ID: RPRRXB 10404690, RPRRXB 10404670, RPRRXB 10404650, RPRRXB 10404630 &MPREHENSIVE PLAN: ZONING DISTRICT: Medium Density Residential 1 (MDRI), Hemming PRO Zone 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 submitted a request that the City grant a conditional use permit for the construction of a church parking lot. The applicant would like to secure land use approval from the City for the parking lot and then likely offer the Church of Jesus Christ of Latter Day Saints (LDS Church) a trade for parking that the LDS Church has across W 1st South. This would allow for all of the church parking areas to be located on the same side of the street and would allow the applicant to secure property on the south side of W 1 South in order to have a more logical area to develop as part of the Hemming PRO Zone project. The Rexburg Development code allows Churches and associated parking in the MDRI zone, subject to obtaining a conditional use permit. Case No. 08 00423 • Page 1 Staff could not locate an existing CUP for the current Church use. The use is likely "grandfathered" but any expansion of the use requires a current conditional use permit to be issued in order to review and address any potential impacts. This process is unique in that the applicant is not the owner operator of the LDS Church to the west. Therefore, should the Commission grant approval for parking lot, any conditions of approval would apply only to the parking lot expansion as presente by the applicant and would not be binding on the existing church. However, any approval and any conditions of approval would "run with the land," meaning that whoever has ownership over the lots involved in this proposal would be bound to those approvals and conditions. Land uses that require conditional use permits are essentially permitted uses within a zone but may have special characteristics that could potentially impact the surrounding neighborhood. Therefore, the City, upon receipt of a CUP request should grant must either approval the permit, approve with conditions, or even deny the request. Any action should be supported by adequate findings of fact. Conditions of approval should be reasonable and should seek to minimize or eliminate potential impacts the surrounding neighborhood and the community. II. SITE DESCRIPTION The site includes existing lots that are located at, 144 W 1 St South, 140 W 1 St South, 130 W 1 St South, and 124 W 1 St South. Access to the site is from W 1 South which has 99 foot right -of -way. W 1 st South is a local road that has parking on both sides of the street. The street width is approximately 53 -feet paved (curb to curb). The subject property, combined, is approximately 36,746 square feet (0.84). Approximately 9000 square feet would remain as non - church parking in order for the minimum lot sizes to be maintained for the remaining dwellings. The surrounding neighborhood is mixed with single family homes, multi - family housing, dorms housing, commercial, and the existing church building. III. ANALYSIS The following are the criteria used for reviewing requests for conditional use permits. Some of the criteria are followed by staff's analysis. A conditional use will: a. Constitute a conditional use as established in Table I, Zoning Districts, and Table 2, Land Use Schedule. A church is listed as a conditional use within the MDRl 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 Neighborhood/Mixed Use. The current comprehensive plan (Rexburg 2010) encourages compact and continuous development. By allowing the church parking lot to be located next to where the building is located this criterion is met. Case No. 08 00423 • Page 2 • c. Be designed and constructed in a manner to be harmonious with the existing character of the neighborhood and the zone in which the property is located. The proposed expansion includes a five -foot landscape perimeter along all areas if the parking lot. The portion of the lots that abut the street (W 1 St South) is designed for a landscape strip, or front yard, that is consistent with the existing church parking lot. These yard/ buffer areas need to provide trees and shrubs and groundcover to help buffer visual impacts of parking lots. The applicant should provide landscaping for the proposed site; staff has provided a proposed set of landscape standards (see proposed conditions of approval). The front of the existing parking lot maintains landscaped areas that are approximately 8 -feet deep (from property line, 13 -feet from back of sidewalk). The current ordinance requires that this area should be 20 -feet. It is proposed that the new lot expansion will maintain a similar 8 -foot setback. The Commission should determine if the nronosed setback is adeauate to address this criterion or if the 20 -foot setback should be adhered to as the ordinance calls for d. Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibration, improperly directed glare or heat, electrical interference, odors, dust or air pollutants, solid waste generation and storage, hazardous materials or waste, excessive traffic generation, or interference with pedestrian traffic. Regarding glare, heat, electrical interference, dust, air pollutants, noise, vibration, odors there are no foreseeable impacts to the neighborhood. These are generally prospective standards; the commission should explore these standards and determine if reasonable conditions need to address them. Regarding solid waste generation and storage, excessive traffic generation, or interference with pedestrian traffic, the Commission should determine if these standards need to be addressed is through reasonable conditions of approval. The use will not generate additional traffic for the area, but may actually reduce potential pedestrian/vehicle conflicts by having the Church's parking on the same side of the street as the church building. The use generally occurs on Sundays, which does not conflict with other land uses in the neighborhood. A mix of uses with differing peak hours is ideal for medium density/ mixed -use areas. Regarding the number of access points to the public right -of -way (W 1 St South), these should be reviewed and approved by the City engineer as part of a final approval. The proposed access point on the submitted site plan may be too close to the existing access. It should be clear that if approval is granted for this CUP, the access point as shown is not approved, and is still subject to the review and approval of the City Engineer (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. Case No. 08 00423 • Page 3 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, this proposed arrangement is actually safer than the existing situation with parking for a single use that is divided by a 55 -foot wide road. The local streets serving the property are paved, two -way local streets. The Commission should determine if through reasonable conditions of approval this criterion can be met. g. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. As was mentioned, the applicant is providing landscaping a landscape strip of 5 -feet around the parking area. As long as these areas maintain adequate screening through the use of trees, shrubs, and ground cover, this criterion should be met. Staff recommends using the following formula (extracting from the Hemming PRO Zone) for determining the number of trees and shrubs for the project (see proposed conditions of approval): 1. Surface Parking lots (single level) a. Provide ten (10) percent landscaping /snow storage for total area of impervious surface, may be interior landscaping or perimeter. i. Provide one (1) tree per 500 square feet (2 inch caliper minim ii. Provide one (1) shrub per 50 square feet (3 gallon minim um). b. Ground cover shall primarily be live plant material (e.g. grasses versus rock). 2. Perimeter of all parking areas adjacent to public right -of -way a. Regardless of building setbacks, provide twenty (20) foot landscape strips running • parallel to right -of -way. i. Provide one (1) tree per 20 lineal feet of road frontage (2 inch caliper minim um), ii. Provide one (1) shrub per 5 lineal feet of road frontage (5 gallon minim and /or shall be sufficient in size to create desired screening within two years of planting. b. Grounu cover shall primarily be live plant material (e.g. grasses versus rock). 3. ;landscaped areas shall utilize an automatic, low volume, irrigation system to insure maturation and maintenance. The Com don should explore this criterion and identify any impacts and determine if they can be iiinimized or eliminated through reasonable conditions of approval. Should the Commission grant the reduction of the front yard to be consistent with the existing church's front yard, that is to allow a an 8 -foot front yard (as measured from property line, or 13 -feet as measured from back of sidewalk), then the above landscaping requirement should reflect that reduction in the conditions of approval. Case No. 08 00423 • Page 4 0 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. The site is generally level and there are not identified hazards in the area, or on the property. i. Not result in the destruction, loss or damage o a histori feature o significance to the i g f .� f i g f 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. A site plan reflecting all conditions of approval and incorporating all City standards, e.g. landscaping, parking, etc. shall be submitted and approved by the City prior to the issuance of a conditional use permit. 2. Commercial lighting standards per the City's development code shall be adhered to. Lighting plan shall be submitted to the Public Works/Engineering Department for review and approval prior to installation. • 3. The following landscaping standards shall apply: a. Surface Parking lots (single level) i. Provide ten (10) percent landscaping /snow storage for total area of impervious surface, may be interior landscaping or perimeter. 1. Provide one (1) tree per 500 square feet (2 inch caliper minim 2. Provide one (1) shrub per 50 square feet (3 gallon minim um). u. Ground cover shall primarily be live plant material (e.g. grasses versus rock). b. Perimeter of all parking areas adjacent to public right -of -way i. Regardless of building setbacks, provide twenty (20) foot landscape strips running parallel to right -of -way. 1. Provide one (1) tree per 20 lineal feet of road frontage (2 inch caliper minimum) . 2. Provide one (1) shrub per 5 lineal feet of road frontage (5 gallon minim and /or shall be sufficient in size to create desired screening within two years of planting. ii. Ground cover shall primarily be live plant material (e.g. grasses versus rock). c. Landscaped areas shall utilize an automatic, low volume, irrigation system to insure maturation and maintenance. Case No. 08 00423 • Page 5 0 0 5. 91 4. The two lots that are proposed to have dwelling units (130 and 124 W 1 St South) shall observe the following: a. Any proposed lot line adjustment or property transfer of any kind shall first be reviewed by City staff to insure all minimum lot requirement e met. b. Should the lots be reduced in size through any form of property owners ip transfer which reduces the size of the existing lots, than those newly created lots with dwelling units shall not fall below the minimum lot sizes of 4500 square feet. c. It shall be shown that all parking requirements for single family, multi- family, and dormitory style housing are met. d. Parking areas proposed to meet the requirements of the dwelling units shall not include parking spaces that are located within the required front yard (20 -feet from property line, or 25 -feet from back of sidewalk), except as allowed by ordinance which allows single family homes to have some parking in the front yard. e. Front yards shall not include more than 40% of hardscape surfaces, including driveways and sidewalks. f. Should the parking demand not be satisfied for 124 W 1 St South, the owner at the time agrees to discontinue the use as a dormitory style home and re- establish a single family home. No construction of the parking lot shall occur until a purchase or property transfer agreement is entered into with the LDS Church for the trading of the lots on the south of W 1 St South (Currently addressed as 155 and 149 W 1 St South). Evidence of this agreement shall be submitted to the Community Development Department, and shall be reviewed by the Planning and Zoning Administrator to insure this condition has been met. Construction shall not begin until this condition is satisfied. The access point to the public right -of -way (W 1 St South) as shown on the submitted plans is not necessarily approvable as depicted, and must therefore be reviewed and approved by the City Engineer prior to construction. Case No. 08 00423 • Page 6 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 18th, 2008 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 for a parking lot located at 144, 140, 130, & 124 West 1st South. The city code governing this request is ORDINANCE No. 926 "DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO" (ADOPTED FEBRUARY 16th, 2005 and last amended 8/06/2008) The said parcels are located on City Block 40 which is located between Main Street and 13 South. Parcels on Blocks 40 are part of the Original Townsite in Rexburg, Madison County, Idaho, and more particularly described as follows: Commencing at a point 13 1/3 rods West of the Southeast corner of Lot 4 in Block 40, City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running North 10 rods; thence West 53 feet; thence South 10 rods; thence East 53 feet to the point of beginning Commencing 10 rods West of the Southeast corner of Lot 4, in Block 40, City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence West 3 1/3 rods; thence North 10 rods; thence East 3 1/3 rods; thence South 10 rods to the point of beginning Commencing at the Southwest corner of Lot 4, in Block 40, City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence East 57 feet; thence North 148.5 feet; thence West 57 feet; thence South 148.5 feet to the point of beginning. Commencing 148.5 feet North of the' Southwest corner of Lot 4, in Block 40, City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence East 57 feet; thence North 16.5 feet; thence West 57 feet; thence South 16.5 feet to the point of beginning. Commencing 272.25 feet East of the Southwest corner of Lot 3, in Block 40, City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and runnin thence North 165 feet; thence East 57.75 feet; thence South 165 feet; thence West 57.75 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 zone change. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on September 17th, 2008. 0 • This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and all amendments thereof. E September, 2008. per 03rd, 2008 September 18t", 2008 CITY OF REXBURG By Blair D. Kay, City Clerk e ��, _, ®,�,i �� s �, �: ��, _, ®,�,i August S, 2008 To Mayor Larsen and Rexburg City Council, My name is Mussel Squires and I own property on the east side Artco. As a property owner, please consider " pr oper iv rig object the changing of my property from land designation of Cc Park" designation on the proposed "new" Comprehensive Plan Previously, When Rexburg and Sugar City were fighting for con East corridor coming from the north interchange into Rexburg, l 'Rexburg wanted to control and prescive this "commercial torrid annexed me even though I owned 20 acres of agriculture land bu would designate my frontage an 2nd East as "commercial ". The Plan and Map reflects my property as being "commercial". The Plan and Map designates my frontage as "Business Park ". The my 2 "d Last frontage is "commercial" and I would like my propel "commercial ", I just want to remind officials of Rexburg of then hope that Rexburg is not trying to pull another fast one on me. As a property owner, please consider " P roperty rights ". I remain designated as "Highway Commercial ". Thank you, Russel Squires PO Box 460 Turner OR 97392 Phone 503 - 932 - 1677 over the north 2 ,d a informed that Rexburg forced vas told that they rent Cumprehensive v" comprehensive t use designation of o remain )raise to me and I my property to Z0 /Z0 39dd dONI SNOIiVNi3N38 9i9EEVLE05 ZE :OZ 800Z/b0/80 iT I am writing to �ercial to a "gusiness 6 a 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 18th, 2008 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 for a parking lot located at 144,140, 130, & 124 West 1St South. The city code governing this request is ORDINANCE No. 926 "DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO" (ADOPTED FEBRUARY 16th, 2005 and last amended 8/06/2008) The said parcels are located on City Block 40 which is located between Main Street and 1St South. Parcels on Blocks 40 are part of the Original Townsite in Rexburg, Madison County, Idaho, and more particularly described as follows: Commencing at a point 13 1/3 rods West of the Southeast corner of Lot 4 in Block 40, City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running North 10 rods; thence West 53 feet; thence South 10 rods; thence East 53 feet to the point of beginning Commencing 10 rods West of the Southeast corner of Lot 4, in Block 40, City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence West 3 1/3 rods; thence North 10 rods; thence East 3 1/3 rods; thence South 10 rods to the point of beginning Commencing at the Southwest corner of Lot 4, in Block 40, City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence East 57 feet; thence North 148.5 feet; thence West 57 feet; thence South 148.5 feet to the point of beginning. Commencing 148.5 feet North of the Southwest corner of Lot 4, in Block 40, City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence East 57 feet; thence North 16.5 feet; thence West 57 feet; thence South 16.5 feet to the point of beginning. Commencing 272.25 feet East of the Southwest corner of Lot 3, in Block 40, City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence North 165 feet; thence East 57.75 feet; thence South 165 feet; thence West 57.75 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 zone change. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on September 17th, 2008. a q This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and all amendments thereof. DATED U 2-d day of September, 2008. R . .......... T'P0R ..... ....... CITY OF REXBURG VA Blair D. Kay, City Clerk Published: September 03rd, 2008 September 18 2008 -I- v 3 N 010 T