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HomeMy WebLinkAboutALL DOCS - 12-00008 - 2332 W 2000 S - LDS Church Smith Property - CUP for ChurchEv Jt* n Condifionol Use permit City of Rexburg 208.359.3020 Fox: 208.359.3022 CITY OF 35 Norlh l.t Eost Rexburg, lD 83440 ee(s) Paidi-,v.*1No,,,, r - ll-l[.rn; REXBI'RG pl2- ntrrnblieaVHo,Elav/*ir Applicant Ownet (Complete if owner not applicant) i!,1 r:?rltr_)td$ M,tft;trlt ;r,, . Name: Address: city lDr+t/o&/J-s State: /D zip:gHolphone: ZoB-izz_gzn Name: LDs ckre€*$ Addtess: fu €xr l/ogr,-Tiznr* srpea-City: 5,<-r L*re C-+X St"t., Cy'f Zip: &l t1o phone: Property to be Covered bv permit: C-gK"bt',A cjn @ nb uavCu let-k - Ca> t OITY OF REXIME 'JAN 6 z|/U Address: Ur/ ZOOC e liliii!'r'!):":' 1- "Zone: LDR -2- Legal Desc'ption of the property (r,ot, Block, Add"ition, Division Number) *Please attach a site plan (11Dx17') dtawn to scale and a uicinity map of the prcpetty to this application. Nature of Request (Bdefly explain the proposed use) Y tt*Z l.or- Existing use of prop.tty, &gtnu**tD Will this have animpact on schools: Requirements for Granting Conditional Use Permit The following information will assist the Commission and City Council to determine if your proposal vrill meet the requfuements under the zoning ordinance. 1. What is the estimated water usage month? Are the existing mains adequate to provide fire ptotection? 2.Vhatis the estimated sewerusage month? Will be necessary?lGu> 3. What is the estimated daily tnffic to be genetated? STill the traffic be primarily private vehicles or commercial trucks? Vetreq do ?qvple use Duletpq rare \\t*1L- T+E FqcDNez uuJ- Bp-rNqr t' - -- --.. -rf r'-- -'-E-r ' .'- r-r--'-Y, E , tLL;urcr>T No *T'PAFFIL Pl.,praJ.e, eo/!/.tv\|U'TE TrJ*1t€S tu* s& 9,q.ls OFT1I1€: tde-ei<-. 3ipfF'e.?,.,pq s.rid;?4J,| MeJE-:fl^rES Rgpoc6 'TR^trtL F "l o.r€ At,q€ olJ SUDk{S. 4. If commerciil, industrial, ot a home occupation, what will be the hours of operation?^/A 5. Witl stotm water drainage be retained on site? Is an existing storm dl:.rin avulable? Is it at capaciqr? If so, will new facilities be constructed? €nORn M<rA- To Eg Cstre-crgp "*xr> corr:-arlrerp o.J st'rg. No 6(r5l-/,t/? =Alrf€il\ ,E.VA|(JA(BL€:, A/gt^J 3{Sf€?y\ TO E€-co^r:TplcXED 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? NA 7. What provision has been made for fue protection? Where is the nearest fue hydrant? Is any point of the !$eg fwther than 150 feet from access sufficient in width for fire fighting equipment? |lsh?E=i- *1W^vr ta+- t@ reYT ao -T1+€ €r+.5 ,r_ A L/€tp UJt?TEt t4A4^/ ANQ ?eWt€EX, ttYPR"Ar\rrS /€e -i-() Tst <a.J5'TEjJcf{=D 35,re. TH{< 6tTZ:-. 8. How much patking is being ptovided on-site? Do the aisle widths and access points comply with the ordinance requirements? Has landscaping been provided in accordance with the ordinance? _ ?€R c6€ 9. Where will solid waste generated be stored? Is access adequate for the City collection? 6cz-ro Vrtxcre JKE? ftC- SJu s rc B€ c€t4g'zgo ,^l 4N oN €tTe W&Ps"EE +oP- tLrGuLt ( Locr-EErto^!, 4c<4E -Tp ?:rJMFtzEp- Ft/6 ?€E.r DsSr6rl€D, 10- nflhat is the type of noise that will be generated by the use? lVhat are the hours of noise generation? a 1 1. \X/hat type of equipment will be used in the conduct of the business? 72.What ate the surrounding land uses? Has buffedng been ptovided as tequired by the otdinance? F&e u,t*^t} 13. Are any ar quality permits tequired? Is dirt ot othet dust cteating materials moved by open trucks ot box cars?AIA 14. Will the parking lots or other outd.oor areas have lightin g YA , fu A-rrc ?r-x^t 15. Are passenger loading zones for such uses as daycare centers and schools provided? How is busing touted? For commercialpses, where are the loading docks? Is there sufficient space for truck patking?tl^ is the neatest collector street? Arterial street? lT.What,if any, slgnage is anticipated in connection with the proposed usage?'do^rc TheP&Z Commission or City Council may address other points than those discussed above, but a narrative ad&essing at least those applicable points will assist in processing your application. A PLOT (SITE) PI-AN MUST BE ATTACHED IN ORDER TO PROCESS THIS APPLICATION. Included on the plot plan please show setbacks, buildings, patking, etc. o Please submit 18 copies of the completed application and any othet documents you are submittingwith it (site plan, vicinity mtp, afftdavit of legal interest, etc.) . All applications that ate complete will be processed with due diligence and will be scheduled, dependent upon availability, for an upcoming agenda. o Formal notice will be sent to the applicant aftet apptoval of a Conditional Use Petmit. Notice will state the conditions of the permit. If conditions ate violated or not met there will be a 90 day pedod to cure the ptoblem. Failure to comply with the teffis may result in revocation of the Conditional Use Permit. l-5-tZ- If a commetcial, multi-family, ot public assembly use, where Date a -TLIE C1-IUITCFI OI: JESUS CHRTST OF I.ATI'ER-DAY SAINTS Terry R. Bradshaw Rcal Estatc Pmjcct Managcr Rcal Estatc Acquisitions Division 7770 Makayla Drivc Nanrpa, ldaho 83686 Phone: 208-46 l -9648 January 5,2012 City of Rexburg 35 North l" East PO Box 280 Rexburg ldalrc 83440 Re: Rexburg Idaho Stake - Srnith Property 2000 South Dear City of Rexburg Scott Neilson and or Cory Roberts, NBW Architects, and Kurt Roland, Eagle Rock Engineering are hereby authorizedto represent the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints (Church) in obtaining a conditional use permit, subdivision plat approval or any other necessary entitlernents fbr the property identified in the attached Exhibit A. Sincerely, Real Estate Project Manager , \1 FlrlrBrr A WANNAXTYDEED This indenture made this tsth day of November,2}ll between: RtcHlno F. Sutrn and Jtt t D. Sulrn, Husband and Wife POBoxS Rexburg, Idaho 83440 hereinafter refened to as Grantor, ald ConronlnoN oFTHE Pnssrorxc Brsrtoporrue CHURcH orJesus CnRrst or Llrtsn-olv SAINTs' a Uah Corporation Sole Real Estaie Ssrvices l lth Floor 50 EastNorth TeirrPle Street salt Lake city, ur 84150-6912 hereinaftsr referred to as Grantee. For good and valuable considsratiorg the receip of which is hereby acknou'ledged, Grantor does herebf grurt, bargain, sEll and convey unto Omntce the following dcscribed tact of land located in inJsoutn"ast Q,rart r of Scction 35, Township 6 Norlb, Rangc 39 East of the Boise Meridian, Madisoa Cormty,Idaho, more particularly described 8s follon's: Begiming at a point rhat is S89"56'33'W along the South line of said SEstion 1329.12 feei from the SE Corner of said Section 35, Toumship 6 NortlU Range 39 EastBoise Meridian; ad runing thence aad continuing along said South Section line S89o5633"W 483.00 feeg tbence North 460.00 feet tlpnce N89o5633"8 483.00 fec$ tbence South 460.00 feet to the point of beginning contaidng 5-l0lacres. F;:rcepting there&om: Existing County road right-of-ways and easeme'nts of record. To bave andto hold saidpremises, together withall appurtenancesuntothe said Grantee and to the Grantec's heirs and assigp$ foreyer. Cvrantor does hercby covcrmnt to 4nd with the said Grantec, that the Cnantor is the or rner in fee simple of said premises; that it is ftce &om all encnpbranceserceptas abovedeseribed,andthatGrantorwill warrantanddefendthe sarncfromall la\rftl claims ulhaboever. Dated: Nrr. 1L, latl t ; Slate of New York ) Luolli tl VottcF tba Onthis )) day of Nuve*ltr before me aNotary Public in and for said state, peronally appeared Richard F. Smith and Jill D. Smith husband and wife, known or identified io me to 6" th" persons whose nam€s arc subscribed to the withio instrument and acknowledged to me that they executed the sarne. STEI/EN LUBOWITZNotary Publla, State of New York- No.021U5032747 Quqllfied ln WestchastEr CountY Comnd$lon Expires Auguet 29' 201& t\ tl r r r STANDARD JOURNAL Rexburg,Idaho St. Anthony,Idaho Ashton.Idaho AFFIDAVIT OF PUBLICATION STATE OF IDAHO Madison and Fremont Counties I, Jeremy Cooley, being first duly sworn, depose and say, that I am the circulation director of the STANDARD JOURNAL, a 3 times a week newspaper published 3 times a week in Madison and Fremont Counties, Idaho; and I do solemnly swear that the Notice of Public Hearing, a copy of which notice appears attached hereto, was published in the regular and entire issue of said newspaper, and not in any supplement issue, once each week thereof for 2 successive issues, the first publication having been made on January L4,2012 and the last publication having been made on January 28,2012. Further, that said newspaper is one of general circulation in said county; that it is a legal newspaper, conforming to legal specifications under the Idaho Statutes; that it has at least two hundred bona fide subscribers living within the county of publication; and that it has been continuously and uninterruptedly published in said county during a period of STATE OF IDAHO COUNTY OF MADISON On this 30th day of January in the year of 2012 before me, a Notary Public, personally appeared Jeremy Cooley, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statement therein are true, and acknowledged to me that he executed the same. t IL's q.,CI{ tffi: tL,,ooo( ) ) ) NOTICE OF PUBLIC HEARING NOTICE IS'HEREBY GIVEN, that a Pub' lic Hearino will be held before the Plan- nino & Zo-ninq Commission of the City of Reiburq, ldaho, ThursdaY, February 02, 2012. ai7:05 p.m., at Ciiy Hall located at 35 North 1st Eirst Rexburg, ldaho' re' oardino a Conditional Use Permit #12 6OOOO6 to allow an LDS Chutch in a resi- dential zone. The current Zoning is Low Density Residential Two (LDR2 Zone.) The sald Darcel is located at approximate- M 2400 W. 2000 S. in Rexburg' Madison County, ldaho, and more particularly de- scribeil as follows: Beoinnino at a Point that is S89' so5gW6tono irre South line of said Section 1329.-12 feet from the SE Corner of said Section 35, Township 6 North' Ranoe 39 East Boise Meridian; ancl run- nino-thence and continuing along said Soith Section line S89" 56'$nV 483.00 feet: thence North 460.00 feet; thence wgg" S6'33"E483.00 feet; thence South 460.00 feet to the point of beginning' con- taininq 5.101 acreS. Excepting therefrom: Existiig County road right-of-ways and easements of record. At such hearing the Planning & Zoning ..Commission will hear all persons and all obiections and recommehdations relative tp'such proposed permit. T$e C.itV C!.erk will also accept written commenls ar uly Hall prior to +:OO P.m. on February 01, 2012. This notice is qiven pursuant to the provi- sions of Secti<i'n 67'6509 and 67-6511 ldaho Code, and all amendments theleof' DATED this 6th daY of Janu ary,2O12- CIryOF REXBURG (SEAL) Bv--------------- Blair D. KaY, CitY Clerk Published: January 14 and January 28' 2012. sJ5210 seventy-eight consecutive weeks prior to the first publication 4e said no{ ing at Rexburg, Idaho My commission expires: February Z,2OI5. Lynzi Nevi116 Notary Public State of ldaho r_ i : i i) ! li l- \i'Tlf ir.} r,l'\{.,1\l_)villa\f---.---'-- (\,' A tr i rini I n I n i lv altih t1i 1tt1 | i tl February 1.6,201.2 NBW' Architects Scott Nielson 990John Adams Parkway Idaho Falls,ID 83401 p1e: #12 00008 Conditional Use Permit - Approximately 2400 West 2000 South - LDS Church, Smith Property Dear Mr. Nielson: Enclosed is the Conditional Use Perrnit document to allow a church on the property at approximately 2400 West 2000 South per the Condiaonal Use Permit approval at the February 2, 2012 Rexburg Planning & Zonngmeeting. Please keep this document for your records. Section 6.12 B-standards Applicable to Conditional Use Perrnits, from the City of Rexbutg Development Code Ordinance No. 1026, is included for your refetence. Please call if you have any questions or i[we can assist you further. Thank you. Sincerely, 11v A ti,l.t.L{Lqry*u, I I'VU,zn'r-,- Elaine McFertin Planning & Zonng Coordinator City of Rexburg Planning ol Zoning Ciry of kxburg )5 Nonb lo Ean. tuxbztg. ID 81110 Pboxe: 208. I i 9. )020 Fw 208. ) 59. 102 2 cl f I ot REXBLjTtG'- ...- ---. (\', - ,\tncrii,1\ ltlutil\' ( ntiiiilutit 1\ CONDITIONAL USE PERMIT City of Rexburg Department of Community Development 35 N. lst E. / Rexburg, ID. 83440 Phone (208) 359-3020 / Fax (208) 359-3022 Project Information Permit Type Conditional Use Permit Site Address APPROX.2400 W. 2000 S Project Description Permit # 12 00008 Project Name LDS Church, Smith Properly - CUP Parcel # RPRXBCA0359004 Names Associated wilh this Proiect Type Applicant Name Nbw Architects Contact Phone # License # (208) s22-8779 Exp Date Fee Information Project Valuation Public Hearing Notice Fee Conditional Use Permit Total Fees Paid 200.00 250.00 $4s0.00 '<'<* SEE ATTACHED CONDITIONS *** Print Name Signature Datelssued: 02/14/2012 Issued By: ELAINEM c I f 1' o l COI\DITIONAL USE PERMIT City of Rexburg Department of Community Development 35 N. lst E. / Rexburg, ID. 83440 Phone (208) 359-3020 / Fax (208) 359-3022 Project Information Permit Type Conditional Use Permit Site Address APPROX.2400 W.2000 S Project Description Permit # 12 00008 Project Name LDS Church, Smith Properfy - CUP Parcel # RPRXBCA0359004 Conditions l. 2. J. *4. 5. Applicant to provide deed right-of-way for West 2000 South and for the proposed new subdivision road. A development agreement between the City and the developer will be required for this project. There will be adequate separation of roads for parking access. There will be buffering for adequate separation from adjoining properties per review by City staff.. The development shall meet the standard conditions for a Conditional Use Permit, as stated in Section 6- l2B of the Development Code Ordinance No. I 026. Print Name Signaturt ;lt ,l iil'' i Datelssued: 02/14/2012 Issued By: ELAINEM (:i (_) ! RE,XBTn1G A tilr ti.ri. l:tt niiv Cdfi ntunil I '-'From City of Rexburg Development Code Ordinance No. 1026: 6.128. - Standards Applicable to Conditional Use Permits. The approving body shall review the particular facts and circumstances o[ each proposed conditional use and shall find adeouate evidence to show that the proposed use urill 1. Constitute a conditional use as established in Table l,ZontngDistricts, andTable2, Land Use Schedule. 2. Be in accordance with a specific or genbral objective of the City's Comprehensive Plan and the regulations of this Ordinance. 3. 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. 4. 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 lrafftc generation, or interference with pedestrian trafhc. 5. Be adequately sewed by essential public facilities and services such as access staeets, police and ftre protection, &anage structures, refuse disposal, water and sewer service, and schools. If existing facilities are not adequate, the developer shall show that such facilities shall be upgaded sufficiendy to serve the proposed use. 6. Not generate traffic in excess of the capaciry of public streets or access points serving the proposed use and urill assure adequate visibility at traf{rc access points. 7. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, taffic, and parking. 8. Be compatible with the slope of the site and the capacity of the soils and will not be in an rrea of natunlhazards unless suitably designed to protect lives and ptoperty. 9. Not result in the destruction, loss or damage of a historic feature of signiFrcance to the comrnunity of Rexburg. City ofRexburg 35 North 1" East Rexburg, ID 83440 Phone: 208. 35 9. 3020 ext. 334 F ax: 208.359 -3022 Findings of Fqcl City of Rexburg Phone: 208.359.3020 Fox: 208.359.3022 LDS Church, Smith Property Conditional Use Permit Approximately 2400 N7. 2000 S. OnJanuaqr 6,2072, Cory Robetts of NBW Architects ptesented to the City of Rexburg Planning &ZonngCoordinatot a request and application fot a Conditional Use Permit to allow an LDS Church in a residential zone. The property is located at approximately 2400 \fest 2000 South. OnJanuzry 6,2072, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper onJanuary T4 rndJanuary 28,2072. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. On February 2,2072 Scott Nielson of NBW Architects presented to the Planning &Zonng Commission for the City of Rexburg, the request fot a Conditional Use Permit to allow an LDS church in a residential zone. Dan Hanna motioned to grant a Conditional Use Permit for an LDS Church for the property located at approximately 2400 W. 2000 S., to include the two proposed conditions in the staff report #1 Applicant to ptovide deeded right-of-way for West 2000 South and the ptoposed new subdivision toad; modifting condition #2 to state that A development agteement between the City and the developer will be required; and to include three additional conditions: #3 There will be adequate separation of toads for patking access; #4Therc will be buffering for adequate separation from adjoining properties per review by City staff; and #5 The development shall meet the standard conditions for a Conditional Use Permit, as stated in Section 6.128 of the Development Code No. 1026. Coty Sotensen seconded the motion. None opposed. Motion carded. Conditions of Approval # 12 00008 CUP LDS Chutch, Smith Property 7. Applicant to provide deeded right-of-way for West 2000 South and the proposed new subdivision road. 2. A development agteement between the City and the developer will be required for this ptoject. 3. There will be adequate separation of roads for parking access. 4. Thete will be buffering fot adequate separation ftom adjoining properties per review by City staff. 5. The development shall meet the standard conditions for a Conditional Use Permit, as stated in Section 6.728 of the Development Code Otdinance No.1026. CITY OF REXBURG Americals Family Community www.rexourg.org 1,. 2. J. t I. 3. 5. Permits.shall review the particular facts and circumstances qf each proposed conditional use and shall find adeauate evidence to show that the proposed use will: Constitute a conditional use as established in Table I, Zoning Districts, and Table 2, Land Use Schedule. Be in accordance with a specific or general objective of the City's Comprehensive Plan and the regulations of this Ordinance. 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. Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibration, improperly directed glare or lteat, electrical interference, odors, dust or air pollutants, solid waste generation and storage, hazardous materials or waste, excessive trffic generation, or interference with pedestrian traffic. Be adequately served by essential public facilities and services such os 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 suchfacilities shall be upgraded sfficiently to serve the proposed use. Not generate trffic in excess of the capacity of public streets or occess points serving the proposed use andwill assure odequate visibility at trffic access points. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, trffic, and parking. Be compatible with the slope of the site and the capacity of the soils and will not be in an oreo of natural hazards unless suitably designed to protect lives and property. Not result in the destruction, loss or damage of a historic feature of signi/icance to the community of Rexburg. " ) 8. 35 Norfh lY Eosf Rexburg, lD 83440 Certificqte of Moiling City of Rexburg Phone: 208.359.3020 Fox: 208.359.3022www.rexburg.org File #: t'l o o oo g File Name: Q*re - lgS fAtc*e)u ,-A*rJ-en bI HEREBY CERTIFY that a true and accurate copy of the foregoing Notice was this A ({'L- 6" , o** - 201Z mailed to the following parties:" tr----T [See attached Mailing List) "r, L!^)^url).&0, ,' , , (r vu"i--J"-ks t= EDK PROPERTIES LLC 1076 s l2TH W REXBURG,ID 83440 FALL RIVER RURAL ELECTRIC I 150 N 3400 E ASHTON " ID 83420 KAUER ERMA R 1076 s l2TH W REXBURG.ID 83440 RICKS KIRK P O BOX 515 REXBURG.ID 83440 t3COUNTRYVIEWLLC 22O26THST MANHATTAN BEACH . CA 90266 SMITH RICHARD F POBOXS REXBURG.ID 83440 MADISON COUNTY I34 E MAIN ST REXBURG.ID 83440 SMITH ROBERT 5I2 S MILL HOLLOW RD REXBURG,ID 83440 DIVISION OF HHWY 33IIWSTATEST BOISE,ID O EDSTROM DELBERT 2920W 3000 S REXBURG.ID 83440 IDAHO TRANSPORTATION BOARD 33II WEST STATE ST BOISE.ID O R & M COMMERCIAL PROPERTIES 30965 US HWY 2r2 GETTYSBURG. SD 57442 TAFT JERRY R& IOI25 SANTA CLARA RD ATASCADERO .CA93422 ,/\,/EDK PRO\EFTIES LLC 1076 s 12ry\w REXBUBG.Ip r++o./\/\ COUNTRYVIEWLLC 22O26THST MANHATTAN BEACH . CA 90266 DIVISION OF HHWY 33II W STATE ST BOISE,ID O EDSTROM DELBERT 2920W 3000 S REXBURG,ID 83440 IDAHO TRANSPORTATION BOARD 33II WEST STATE ST BOISE.ID O R & M COMMERCIAL PROPERTIES 30965 US HWY 2r2 GETTYSBURG.SD 57442 ,/sMrrH frcuAm e r o nox( REXBUKG.'ID 83440/\/\ TAFT JERRY R& IOI25 SANTA CLARA RD ATASCADERO ,CA93422 EDK PROPERTIES LLC 1076 s l2TH W REXBURG,ID 83440 FALL RIVER RURAL ELECTRIC l 150 N 3400 E ASHTON.ID83420 KAUER ERMA R 1076 s l2TH W REXBURG.ID 83440 zuCKS KIRK P O BOX'515 REXBURG.ID 83440 RICHARD F X8 G. rD 83440 FALL R(VER RUNEI ELECTRIC ll50N3 ASHTON{N 83420 MADISON COUNTY I34 E MAIN ST R€XBURG.ID 83440 SMITH RICHARD F POBOX8 REXBURG.ID 83440 SMITHROBERT 5I2 S MILL HOLLOW RD REXBURG.ID 83440 oI PIN OwnerName PrimaryContactHouseNumberPredirRP06N39E356602COUNTRWIEW LLC Y 22CRPO5N39EO1RDO3DIVISION OF HHWY Y 3311WRP06N39E357202EDK PROPERTIES LLC Y to76 SRPRXBCA0357205EDK PROPERTIES LLC Y to76 s RPRXBCAO365440EDSTROM DELBERT Y 2920WRPOsN39EOL42L3FALL RIVER RURAL ELECTRIC Y 1150N RPRXBCAO3642T3FALL RIVER RURAL ELECTRIC Y 115CN RPRXBCAO36RDO2IDAHO TRANSPORTATION BOARD Y 3311 RPRXBCAO365406KAUER ERMA R Y to76 s RPO5N39EOlROADMADISON COUNTY Y L34 ERPRXBCAO365450R & M COMMERCIAL PROPERTIES Y 30965 RPRXBCAO359015RICKS KIRK Y cRPRXBCAOOT42TTSMITH RICHARD F Y c RPRXBCAOO2TSOLSMITH RICHARD F Y 0 RPRXBCAO359OO4SMITH RICHARD F Y 0 RPRXBCAO359176SMITH ROBERT Y 5L2 5 RPRXBCAO359O2OTAFT JERRY R &Y 70725 rtv StreetName StreetSuffix PostDirSecUnitUnitNumberCity State zip26THSTMANHATTAN BEACH CA 90266STATESTBOISE1D0LzTHWREXBURGID8344CL2THWREXBURGID8344C300csREXBURGID834403400EASHTONID834203400EASHTONID8342CWESTSTATESTBOISEID012THWREXBURGID83440MAINSTREXBURGID8344CUS HWY 212 GETTYSBURG SD 57442POBOX515REXBURGID8344APOBOXSREXBURGID83440POBOX8REXBURGID83440POBOXSREXBURGID8344CMILL HOLLOW RD REXBURG ID 8344CSANTA CLARA RD ATASCADERO CA 93422 NOTICE IS HEREBY GIVEN, that aPublic Hearing will be held before the planning & ZoningCommission of the City_of Rexburg, Idaho, Thursday, FIUro"ry 02,20L2, at7:05p.m., at City Halllocated at 35 North 1't East, Rexburg, Idaho, ,.g"rding a Conditional Use permit #12 00000g toallow an LDS Church in a residentiaizone. TheiurreitZonrng is Low Density Residential Two(LDR2 Zone.) The said parcel is located at approximately 2400 \)7. 2000 S. in Rexburg, Madison County, Idaho,and more particularly described as follows: leginning at a point that is 589o56'33"!7 along the South line of said Section 132g.I2feet from the SE Corner of said Section 35, Township 6 North, Range 39 East BoiseMeridian; and running thence and continuing along said Sorrth Section line 5g9"56,33-W483.00 feet; thence North 460.00 feet; thence N89o56'33"E483.00 feet; thence South460'00 feet to the po-int of beginning, containing 5.101 acres. Excepting therefrom: ExistingCounty road right-of-ways and easements of record. At such hearing the Plannin g & ZonngCommission will hear all petsons and all objections andrecommendations relative to such proposed permit. The City Ctert witt also accept writtencomments at City Hall prior to 4:00 p.m. on February 01,,2012. This notice is given pursuant to the provisions of Section 67 -6509 and. 67 -6511 Idaho Code, and allamendments thereof. DATED__this 6th day of January,2012. Published: January 14 andJanuary 28,2012. CITY OF'REXBURG #i.0."..$Blair D. IQy, City Clerk i&r#;l; .1, rt.r't.i L *tc::- ,";;1 *.'t $ *l' ,ti;,l''f ii3,tt fgrir fur;;.r* $ffiffitr NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Planning & Zoning Commission of the City of Rexburg,Idaho, Thursday, February 02,201,2,at7:05 p.m., at City Hall located at 35 Noth 1't East, Rexbutg, Idaho, regarding a Conditional Use Permit #12 000008 to allow an LDS Chutch in a residential zone. The current Zontngis Low Density Residential Two (LDR2 Zone.) The said parcel is located at approximately 2400 W. 2000 S. in Rexburg, Madison County, Idaho, and more particulady described as follows: Begtnning at a point that is S89"56'33"W along the South line of said Section 1,329.12 feet from the SE Corner of said Section 35, Township 6 North, Range 39 East Boise Meridian; and nrnning thence and continuing along said South Section line S89o56'33"W 483.00 feet; thence North 460.00 feet; thence N89o56'33"E483.00 feet; thence South 460.00 feet to the point of beginning, containing 5.101 acres. Excepting therefrom: Existing County road right-of-ways and easements of tecord. At such hearing the Planning & Zontng Commission will hear all persons and all objections and recommendations relative to such proposed permit. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on February 07,201.2. This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and all. amendments thereof. DATED this 6th day of January,201,2. CITY OF RE,XBURG Published: January 14 andJanuary 28,201,2. ,*ii0."..$ :l', ' !.1 *#,^*9 cigorRexburs Receipt Number::iDepartment of Community Development 35 North 1st East / Rexburg, lD. 83440 Phone (208) 359-3020 / Fax (208) 359-3022 :.t.: ,t: . ,' Permit ff Public Hearing Notice Fee Conditional Use Permit Ch.ck Method 13824 $ 450.00 Total: I JAN o 6 2oll CITY OF REXBURG RPru(BCAO3I RPR)(BCAO3I $200.00 $250.00 Total: $200.00 $250.00 genpmtneceipts vtt Staff Rcvicvr Conditio nal I-Jse Permit LDS Church, Smith Properry Community Development Deportment volc@rexburg.org wwwlexburg.org STAFF REPORT Phone: 208.359.3020 Fax: 208.359.3022 JI.I]XIJLTRiJ i-\!' 'i ;i;c :-rr-.11- hi t i: i i >' t t) l, i i i t i! i : i I t, 35 Norlh l" Eosl Rexburg. lD 83440 SUBJECT: APPLICANT: PROPERTY OWNER: PURPOSE: PROPERTY LOCATION: . ROPERTY ID: COMPREHENSIVE PLAN: ZONING DISTRICT: APPLICABLB CRITERIA: AUTHORITY Conditional Use Permit application, file #12 0000g LDS Church, Smith Property NBW Architects, P.A. 990 John Adams Parkway Idaho Falls,ID 83401 LDS Church 50 East North Temple Street Salt Lake City, UT 84150 Requesting a conditional use Permit to allow a church in a residential zone on the specified property Approximately 2400 W. 2000 S. Rexburg,ID RPR-YBCAO359O04 Moderate-High Density Residential Low Density Residential2 (LDM) City of Rexburg Development Code (Ordinance Code 1026) _ $ 6.12 Conditional Use Permits $ 6.12 (F) (7) "All other conditional use permits may only be granted afterreview and recommendation by the Commission and opprorol by the ittyCouncil... " I. II. BACKGROUND The applicant is requesting a permit to build a church in LDR2 zoning. The Development Coderequires a Conditional Use Permit (CUp) to do so. SITE DESCRIPTION The subject property is located on West 2000 South and is known as the "Smith property,'- It iscurrently being used as farm ground. z'|i ,;.,*'Ei$ III. ANALYSIS The following are the criteria for granting a conditional use permit. Some of the criteria are followed by staff s analysis. A conditional use will: I. Constitute a conditional use as reqaired in 3.5 Low Density Residential2 (lDR2) section 3.5.020 F. Conditional Uses. The applicant is requesting to build a church. The use requires a Conditional Use Permit. 2. Be in accordance with a speciJic or general objective of the City's Comprehensive Plan and the regalations of the City of Rexburg Development Code. Comprehensive Plan The City's Comprehensive Plan has designated the subject property as Moderate to High Density Residential. Churches are allowed in all residential zones with a CUP. Development Code (Ordinance 1026) Low Density Residential2 (LDR2) allows a church with a CUP. 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 current use of the property in the area is farming- The current zone is for single farnily housing. Churches are typically located in similar areas. Not create a nuisance or safety hazordfor neighboring properties in terms of excessive noise or vibrution, improperly directed glare or heot, electrical interference, odors, dust or air pollutants, solid waste generation and storage, hazordous materiuls or waste, excessive traffic generation, or interference with pedestrian traffic. Regarding glare, heat, electrical interference, dust, air pollutants, noise, vibration, odors: Adherence to City standards should prevent these impacts from becoming a nuisance. Be adequotely sewed by essential pablicfacililies ond services such as occess streets, police andfire protection, drainage stractures, refuse disposal, water and sewer service, and schools. If existingfacilities are not adequate, the developer shall show that suchfacilities shall be upgraded sufficiently to serve the proposed use. At the time of review, the City Engineer had not completed his review. In meetings attended by other staff he did not voice any concems. Not generate traffic in excess of the capacity of public streets or occess points serving the proposed use und will assure adequate visibility ot traffic access points. At the time of review, the City Engineer had not completed his review. In meetings attended by other staff, he did not voice any concems. 3. 4. 6. Case No. l2 00008 Page 2 IV. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resalting shadow, traffic, and parking. Staff will require parking lot buffering as per requirements of the Development Code. Be compatible with the slope of the site and the capacity of the soils ond will not be in an area of natural hozards unless suitobly designed to protect lives and property. The parcel is flat. 9. Not resalt in the destruction, Ioss or damage of a historic feature of signtJicance to the community of Rexburg. Not applicable. 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 the following conditions: l. Applicant to provide deeded right-of-way for West 2000 South and the proposed new subdivision road 2. Approval of CUP to be contingent on the review of the City of Rexburg Engineer. Case No. 12 00008 Page 3 Review Action P.O Box 280 35 North 1st East Rexburg, ldaho 83440 Phone (20B) 359-3020 Fax (208) 359-3022 January 25,2012 Permit Number: 12 00008 Project Name: LDS Church, Smith property - CUp Project Type: Conditional Use permit Review ltem Actions Required for Approval This project will require the execution of a development agreement. Approved Public Works Review Public Works Review Parcel #'s RPRXBCAO359OO4 .ilirxEUP"c'..' €' ' 1 rtt r iin\ l: tt,t i h {,otn, tr t titl P.O Box 280 35 Norih lst East Rexburg, ldaho 83440 Phone (208) 359-3020 Fax (208) 359-3022Review Action January 19,20'12 Permit Number: 12 00008 Project Name: LDS Church, Smith property _ CUp Project Type: Conditional Use permit Review ltem GIS Review Description Closes and described the desired area. 300' Notification List Generated. Parcel #'s RPRXBCAO359OO4 Actions Required for Approval Approved 01to9t2012 01t09t2012 : i I i i_;i - '-tl" -l'rf '- Q.' 1. tii, r it t -: i:,r;r:i i, lti; :tit t i: ; :. P.O Box 280 35 North 1st East Rexburg, ldaho 83440 Phone (208) 359-3020 Fax (208) 359-3022Review Action January 19,2012 Permit Number: 12 00008 Project Name: LDS Church, Smith property _ CUp Project Type: Conditional Use permit Review ltem Approved Fire Department Review Other Comments 01/12t2012 Parcel#'s RPRXBCAO359OO4 i_ I I r (i i i:'l r.rnr a-r-./-,j"Jl,Ai:, UttLr-.- a\' i DI i I ia!1\ l:,i!!|; i r a Llr/,)rrr.;ir P.O Box 280 35 North 1st East Rexburg, ldaho 83440 Phone (208) 359-3020 Fax (208) 3s9-3o22Review Action January 19,2012 Permit Number: 12 00008 Project Name: LDS Church, Smith property _ CUp Project Type: Conditional Use permit Ptanningst"rn"uF Conforms to the Comprehensive plan Parcel #'s RPRXBCAO35gOO4 Aporoved 01t19t2012