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HomeMy WebLinkAbout18-00206 Staff ReportCase No.17 00236 Page 1 SUBJECT: Conditional Use Permit (CUP) application, file #18 00206 – Devin Durant APPLICANT: Devin Durant PROPERTY OWNER: DPI Triple LLC PURPOSE: Requesting a Conditional Use Permit to allow Dormitory. PROPERTY LOCATION: 166 S 2nd E Rexburg, ID 8344 COMPREHENSIVE PLAN: Moderate-High Density Residential ZONING DISTRICT: High Density Residential 1 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 multi-family. The applicant has purchased it and is requesting to change the use to dormitory. II. SITE DESCRIPTION The location of the property is approximately 166 S 2nd E, Rexburg, ID. 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 dormitory use in all residential zones. 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 “Moderate to High Density Residential”. With a CUP, the use is in accordance with the Comprehensive Plan. Development Code (Ordinance 1115) Dormitory is allowed with a Conditional Use Permit as per the City of Rexburg Development Code Section 3.9.025. 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. The closest neighbors to this proposed request are single family dwellings. The block that the request is on is primarily comprised of dormitory uses and multi-family residential. There is still a single family residential presence on the block and across the street to the east. Staff feels that the request is in-line with the existing uses if screening is provided for the adjacent neighbors and parking is identified for the new dormitory use. 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. Dormitory generates additional noise and may be problematic for existing single family uses. 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: All storm Drainage will be handled on site. 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 at this time. 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 of noise and if screening is required. 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 3 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 can support this request with the following conditions: a. A concrete walkway is provided from back of units to the parking lot in the rear. b. Bicycle parking is identified. c. The P&Z Commission discuss if there is a need for any screening from the adjacent single family residential use. This could include a privacy fence and or trees, hedges or shrubs. d. P&Z Commission determines if the existing 5’ wide sidewalk along 2nd East should be changed to 8’ wide at this time or if the applicant can wait until such time that there is a bigger project that will be changing all of the sidewalk on this side of the street. e. A building permit is taken out to change the use of the structure. This includes the life safety inspections and any work involved to bring the structure up to code.