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HomeMy WebLinkAboutStaff Report - CUP 18_00275Case No.17 00236 Page 1 1 SUBJECT: Conditional Use Permit (CUP) application, file #18 00275 APPLICANT: Tyler Petersen PROPERTY OWNER: Tyler Petersen PURPOSE: Requesting a Conditional Use Permit to allow Household Goods Warehousing and Storage in a Mixed Use Zone PROPERTY LOCATION: 247 N 1st E Rexburg, ID 83440 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 part of a Multi-Family project. After failed attempts to purchase the storage sheds directly north of the project, the previous owner sold off this parcel. The applicant wants to build storage sheds. II. SITE DESCRIPTION Location is approximately 247 N 1st E, Rexburg, ID. The property is encroached by a large traffic easement. 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. 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 A CUP is required to allow Household Goods Warehousing and Storage in a Mixed Use zone as per Section 3.14.025 Conditional Uses. 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 classification of Neighborhood Commercial/Mixed Use directs that besides residential, “This designation includes the commercial aspect of a neighborhood center. These areas include commercial land uses that have a Neighborhood-scale, and are intended to primarily serve the needs and neighborhoods in which they reside”. Development Code (Ordinance 1115) Warehousing and Storage 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. As per the Conditional use requirements of Section 3.14.02 Household Goods Warehousing and Storage may be permitted in the MU zone only after a Conditional Use Permit has been issued, and subject to the terms and conditions thereof, and must be consistent with the Purpose and Objectives of the MU zone. The purpose and intent of the Mixed Use (MU) zone is “to allow flexibility where a variety of housing types may exist among neighborhood-serving commercial and institutional uses”. 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: 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. Sight triangles shall be kept visible as per Rexburg Engineering Standards. g. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. Case No.17 00236 Page 3 The park to the north should be considered for potential screening. See Staff Recommendations. 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 The Development Code identifies that the purpose and intent of the Mixed Use (MU) zone is “to allow flexibility where a variety of housing types may exist among neighborhood-serving commercial and institutional uses”. The Comprehensive Plan classification of Neighborhood Commercial/Mixed Use directs that besides residential, “This designation includes the commercial aspect of a neighborhood center. These areas include commercial land uses that have a Neighborhood-scale, and are intended to primarily serve the needs and neighborhoods in which they reside”. Staff recommends that the Planning and Zoning Commission take testimony and deliberate if the proposal meets the intent of the Mixed Use Zone. The project is bordered on the north with a park area with playground equipment and sports courts. The Commission should decide if screening is required as part of the recommendation.