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HomeMy WebLinkAboutCUP CableOne - CommDev Staff Report.pdf Case No.15 00532 Page 1 SUBJECT: Conditional Use Permit (CUP) application, file #15 00532 APPLICANT: Cable One, Inc. 1525 Sherry Ave Idaho Falls, ID 83401 PROPERTY OWNER: Pacific Corp 14007 West North Temple, Suite #110 Salt Lake City, UT 84116 PURPOSE: Requesting a Conditional Use Permit to allow a precast building to house Optic equipment for high speed internet and video; the property is in the Low Density Residential 2 zone. PROPERTY LOCATION: Approximately 251 West 2nd North Rexburg, ID 83440 PROPERTY ID RPRRXB10250130 COMPREHENSIVE PLAN: Moderate-High Density Residential ZONING DISTRICT: Low Density Residential 2 APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance Code 1115) – § 6.12 Conditional Use Permits AUTHORITY § 6.12 (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 A Conditional Use Permit is required for a utility building as per Section 3.5.25 of the City of Rexburg Development Code. II. SITE DESCRIPTION The project is located at approximately 251 West 2nd North which is an unimproved flat lot adjacent to the Rocky Mountain Power Rexburg Substation. 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 valc@rexburg.org www.rexburg.org Community Development Department STAFF REPORT Case No.15 00532 Page 2 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: a. Constitute a conditional use as established in Table 1, Zoning Districts, Table 2, Land Use Schedule. A CUP is required for a utility building in a LDR 2 zone. b. Be in accordance with a specific or general objective of the City’s Comprehensive Plan and the regulations of the City of Rexburg Development Code. Comprehensive Plan The Comprehensive Plan Map identifies the area as “Moderate-High Density Residential”. The use is in accordance with the Comprehensive Plan. Development Code (Ordinance 1115) This use is allowed with a Conditional Use Permit as per the City of Rexburg Development Code Section 3.5.25. 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. Staff requests that the Planning and Zoning Commission study the proposal and determine the proper buffering for this project. 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. Staff requests that the Planning and Zoning Commission study the proposal and determine if the levels of noise created by the project will be consistent with a single family neighborhood. 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 City Engineer did not have concerns. 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 City Engineer did not have concerns. Case No.15 00532 Page 3 g. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. Staff requests that the Planning and Zoning Commission study the proposal and determine if the levels of noise created by the project will be consistent with a single family neighborhood 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. N/A. i. Not result in the destruction, loss or damage of a historic feature of significance to the community of Rexburg. N/A IV. STAFF RECOMMENDATION Staff recommends that the proposed Conditional Use Permit be approved contingent upon the Planning and Zoning Commission determining adequate site improvements and building permit finalization (Certificate of Occupancy).