HomeMy WebLinkAboutSTAFF REPORT - 19-00719 - 431 S 2nd W - CUP for reduced front yard setback and parking in PED & DormitoryCase No. 19 00719 Page 1
SUBJECT: Conditional Use Permit Application - File #19-00719
APPLICANT: Charles Holmes
PROPERTY OWNER(S): JLYNN LLC
PURPOSE: The request is for reduced front yard setbacks and
reduced parking in the Pedestrian Emphasis District
(PED) and dormitory housing.
PROPERTY LOCATION: 431 S 2nd W
COMPREHENSIVE PLAN: Moderate to High Density Residential
CURRENT ZONING: High Density Residential 1(HDR1)
SURROUNDING LAND USES North, East, South, West – Apartments
AND ZONING: North, East, South, West – High Density Residential 1(HDR1)
APPLICABLE CRITERIA: Idaho State Code § 67-6512 Conditional Use Permits
AUTHORITY: § 1.03.080. (D) “The Commission may recommend that the
amendment be granted as requested, that it be modified, or that
it be denied”
I. BACKGROUND
The applicant recently purchased the property as a rental. The property currently has an older home.
The applicant plans to tear down the existing structure and build a 4-plex to rent to non-approved
students as dormitory housing. In order to build the structure the applicant is proposing, the
applicant is requesting reduced front yard setbacks and reduced parking.
II. ANALYSIS
The following are the criteria for granting a conditional use permit. Some of the criteria are
followed by staffs’ 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 for dormitory housing in the High-Density Residential 1 zone.
Community Development
Department
STAFF REPORT
35 North 1st East
Rexburg, ID 83440
Alan.parkinson@rexburg.org
www.planning.org
Phone: 208.359.3020
Fax: 208.359.3022
Case No. 19 00719 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.
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.
d. Development Code (Ordinance 1200)
The applicant has been working with Staff on a Site Plan that meets the requirements
of the Development Code.
e. 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 apartments. This change will update
the building to make it more harmonious with the neighborhood.
f. 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.
Maneuvering for parking will need to be resolved.
g. 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.
Storm drainage will need to be handled on site.
h. 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.
i. Be effectively buffered to screen adjoining properties from adverse impacts of noise,
building size and resulting shadow, traffic, and parking.
Parking will need to be buffered from the street and adjacent neighbors.
j. 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.
NIA
k. Not result in the destruction, loss or damage of a historic feature of significance to the
community of Rexburg.
NIA
II. STAFF RECOMMENDATION
Staff would recommend approval with the following conditions:
1. All storm drainage to be handled on-site.
2. Maneuvering areas be resolved.