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HomeMy WebLinkAboutStaff Report - CUP 18_00191.pdfCase No.17 00236 Page 1 1 SUBJECT: Conditional Use Permit (CUP) application, file #18 00191 – Maria JoAnn Hope APPLICANT: Maria JoAnn Hope PROPERTY OWNER: 107 N CENTER LLC PURPOSE: Requesting a Conditional Use Permit to allow Dog Grooming in a Mixed Use Zone PROPERTY LOCATION: 107 N CENTER Rexburg, ID 8344 COMPREHENSIVE PLAN: Neighborhood Commercial Mixed Use ZONING DISTRICT: Mixed Use (MU) 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 The property was most recently a single family home. The applicant has the property under contract and desires to move their dog grooming business to the property. II. SITE DESCRIPTION The location is 107 N Center, Rexburg, ID. The property is on the corner of 1st N and Center. 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 to allow dog grooming in a Mixed Use zone as per Section 3.14.025 Conditional Uses. 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.17 00236 Page 2 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 Neighborhood Commercial Mixed Use. The use is in accordance with the Comprehensive Plan. Development Code (Ordinance 1115) Dog Grooming is allowed with a Conditional Use Permit in the MU zone as per the City of Rexburg Development Code Section 3.14.025. Conditional Uses. 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. At Public hearing for the CUP, the applicant should come prepared to discuss the possible or perceived nuisances associated with a dog grooming facility at the requested location. They would include but not be limited to the following: 1. Noise generated by barking dogs. Possible need for noise dampening at windows. 2. Possible buffering with trees and bushes between properties. 3. Parking buffering from street. 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. See above. 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. As per the City Engineer: 1. All storm Drainage will be handled on site. 2. The vehicles on this property need to be able to access the City streets without backing into the City street. 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. Sight triangles shall be kept visible as per Rexburg Engineering Standards. Case No.17 00236 Page 3 g. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. The Commission should discuss the possible impacts and if additional screening is required. Parking lot screening is required as per the development code and will be required as part of building permit review. 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 Case No.17 00236 Page 4 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 Planning and Zoning Commission make recommendation to the City Council to approve this request with the following conditions: 1. Windows facing adjacent properties are sound-dampened. This can be achieved with low cost materials such as Styrofoam. 2. The Planning and Zoning Commission take testimony and determine if landscape buffers are needed between properties. 3. Parking is adequately buffered from street.