HomeMy WebLinkAboutStaff Report - CUP 18_00580pdfCase No.17 00236 Page 1
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SUBJECT: Conditional Use Permit (CUP) application,
file #18 00580
APPLICANT: Keith Davidson
PROPERTY OWNER: Keith Davidson
PURPOSE:Requesting a Conditional Use Permit to allow a water tank and the
supporting buildings and equipment in a LDR2 zone.
PROPERTY LOCATION: 2214 W 1000 S
Rexburg, ID 83440
COMPREHENSIVE PLAN: Low to Moderate Density Residential
ZONING DISTRICT: Low Density Residential 2 (LDR2)
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 is part of an agriculture field.
II.SITE DESCRIPTION
Location is approximately 2214 W 1000 S, Rexburg, ID. The property is part of a farm field and is flat.
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 Conditional Use Permit (CUP) is required to allow a water tank and the supporting buildings and
equipment in a LDR2 zone. As per Section 3.5.025 of the City of Rexburg Development Code.
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 classification of Low to Moderate Density Residential includes LDR2
zoning.
Development Code (Ordinance 1115)
A water tank and the supporting buildings and equipment is allowed in a LDR2 zone as per the
City of Rexburg Development Code Section 3.5.025. Conditional Uses under “Other Utilities and
Public Facilities”.
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 water tank, buildings and other equipment are required to be buffered from adjoining
residential by trees and bushes as per the Development Code Section 4.7ii. Staff requests that
there also be buffering as per this section between the street and the lot.
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.
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.
The water tank, buildings and other equipment are required to be buffered from adjoining
residential by trees and bushes as per the Development Code Section 4.7ii. Staff requests that
there also be buffering as per this section between the street and the lot.
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 recommends that:
1.The Planning and Zoning Commission take testimony and deliberate if the proposal meets
the intent of the Low Density Residential 2 zone under a Conditional Use classification.
2.The Commission require screening between the road and the lot as per Section 4.7 of the City of
Rexburg Development Code.