HomeMy WebLinkAboutSTAFF REPORT - 18-00708 - 150 E 2nd N - CUP DormitoryCase No.17 00236 Page 1
SUBJECT: Conditional Use Permit (CUP) application,
file #18 00708
APPLICANT: Cy Hepworth
PROPERTY OWNER: Cy Hepworth
PURPOSE: Requesting a Conditional Use Permit to allow Dormitory.
PROPERTY LOCATION: 150 E 2nd North
Rexburg, ID 83440
COMPREHENSIVE PLAN: Neighborhood Commercial Mixed Use
ZONING DISTRICT: Community Business Center (CBC)
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 purchased it and is requesting to
change the use to dormitory.
II. SITE DESCRIPTION
The location of the property is approximately 150 E 2nd North, 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.
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.
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
Comprehensive Plan
The Comprehensive Plan Map identifies the area as “Neighborhood Commercial Mixed Use
”. 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 and commercial. The
block that the request is on is primarily comprised of single family residential. There is still a
strong single family residential presence on the block. Staff feels that the request is not in-line
with the existing 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.
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.
The site plan that was provided on 2/5/19 is not drawn to scale. Snow storage is not identified.
The driveway from the North is not 20' wide and not wide enough for two-way traffic. An
easement is needed to make the driveway a minimum of 20' wide. Storm drainage, buffering,
easements and other requirements of Section 3.14
have not been provided.
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.
Staff does not feel that there is adequate distance to screen dormitory from single family.
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 not support this request at this time.