HomeMy WebLinkAboutSTAFF REPORTS & REVIEWS - 07-0305 - Alicia Thornburg - CUP Dormitory in MDR1Planning and Zoning Department
STAFF REPORT
12 North Center garyi@rexburg.org Phone: 208.359.3020 x314
Rexburg, ID 83440 www.rexburg.org _ Fax: 208.359.3024
SUBJECT: Conditional Use Permit, file # 07 00305
APPLICANT: Alicia Thornburg
264 Steiner Avenue
Rexburg, Idaho 83440
PROPERTY OWNER: Jan Haney
13415 SE Valemont Ln.
Happy Valley, Oregon
PURPOSE: Request to operate dormitory -style housing.
PROPERTY LOCATION: 366 West 3`d South & 276 Steiner Avenue
Rexburg, Idaho 83440
PROPERTY ID: RPROOSE0065230, RPROOSE0065430
COMPREHENSIVE PLAN: Moderate -High Residential Density
ZONING DISTRICT: Medium Density Residential 1 (MDRI)
CITY OF
aXBURG
America's Family Community
APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance Code 926)
§ 6.13 Conditional Use Permits
AUTHORITY § 6.13 (F) "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 applicant has requested a conditional use permit for the operation of dormitory style housing
with one unit being reserved as a "family" unit as defined by the City of Rexburg Municipal Code.
Land uses that require conditional use permits are allowed within a zone if, through reasonable
conditions of approval, the use and/or facility will not adversely impact the neighborhood and
community of which it belongs. Therefore, the City, upon receipt of a CUP request, should review
the proposal and either approve, deny, or approve with conditions.
II. SITE DESCRIPTION
Case No. 07 00305 Page 1
The subject property consists of two parcels. The parcel addressed as 366 W 3`d South is 7,425
square feet in area, the other parcel, addressed as 276 Steiner Avenue, is 8,814 square feet. Both
properties are currently accessed from 3`d South (45 -foot paved local street (100 -foot right-of-way)).
The proposed site plan provides access only to 3`d South. The surrounding neighborhood is single-
family homes, with some multi -family dwellings (including dormitory -style housing).
IIl. ANALYSIS
The following are the criteria for granting a conditional use permit. Some of the criteria is followed
by staff's analysis. A conditional use will:
a. Constitute a conditional use as established in Table I, Zoning Districts, and Table 2, Land Use
Schedule.
The proposed use is listed as a conditionally permitted use under Section 3.7.020(F) of the
Development Code; therefore, this criterion is met.
b. Be in accordance with a specific or general objective of the City's Comprehensive Plan and the
regulations of this Ordinance.
The City's comprehensive plan has designated the subject property as Moderate -High Density
Residential. The zoning district of MDRI is an allowed zoning designation within the
comprehensive plan designation of Moderate -High Density Residential, therefore this criterion is
met.
Development Code Regulations that apply are as follows:
I Parking
a. Number of spaces required- as proposed, with 7 unrelated women in one
unit, three unrelated women in another unit, and a "family" housed in the
third unit, a total number of parking spaces required is twelve (12).
b. Number of compact spaces allowed- With 12 parking space being
provided, 3 are allowed to be compact size. The applicant is proposing that
Case No. 07 00305
many.
c. Location of parking spaces- §5.6 disallows parking in the required front
yards. This is particularly important when a change of use is requested, as
single family homes have greater allowances for front yard encroachments,
but multi -family does not. The subject property requires a 25 -foot front
yard setback. This setback is measured from the property line/right-of-way
line. This is sometimes confusing when a property line and the back of
sidewalk are not the same line. The subject property does not actually
begin until approximately 18 -feet behind the sidewalk. Applying the
setback standard for parking coupled with where the property actually
begins, no required parking can be allowed in within 43 -feet of the back of
the sidewalk (see proposed conditions of approval). This will impact at
least two parking spaces in the proposed parking area and all parking for
the structure to the west (house #366) and all the parking in front of duplex
#276. The driveway accessing the interior lots should be narrowed so as to
direct cars more appropriately and to avoid large areas of asphalt that will
be used as parking even though it is disallowed (see conditions of
approval).
d. Aisle widths- Aisle widths proposed do meet out minimum standard of 22 -
feet. It should be noted that a maneuvering area will need to be provided
on the north end of the main parking area. The dimensional standards are
Page 2
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 surrounding land uses include single-family homes, and multi -family dwellings (including
dormitory housing). The structures intended to be used for the proposed use and are consistent in
appearance with the other structures in the neighborhood. In order to provide the required number
of parking spaces and required landscaping/snow storage areas, some modifications will need to
be made to the site. These modifications should be made in a manner that is harmonious with the
existing character of the neighborhood, which generally consists of front yards that are not
dominated by asphalt or concrete. Therefore, as a minimum, the proposed site plan needs should
include a front yard, as required in the MDRI zone that includes grass, trees, and shrubs, ample
to screen parking areas from the public right-of-way (see proposed conditions of approval).
Proposed signage should be designed so as to not obstruct the vision of maneuvering vehicles.
Signage should be designed in a monument style though the use of brick or decorative masonry
base and wood material to compliment the surrounding neighborhood and suggest permanence
which is consistent with an established neighborhood (see proposed conditions of approval). The
Case No. 07 00305 Page 3
6 -feet deep by approximately 22 -feet in width (see proposed conditions of
approval).
e.
Drainage ofparking lot- No drainage plan has been submitted to ensure
adequate drainage (see proposed conditions of approval). Run-off cannot
impact adjacent properties.
f.
Screening- § 4.7(A)(1) requires that parking areas for more than 5 parking
spaces be screened form adjacent residential uses through the construction
of a "four foot landscaped strip to be planted with shade trees and low
shrubs, and/or a suitable fence otherwise in compliance with this ordinance
for sufficient height and density to screen the two parcels, as specified by
the planning commission."
g.
Joint use parking- Joint use parking is allowable as prescribed in § 5.3(B)
subject to, "a written agreement for such agreement for such joint use
approved by the City Attorney as to form and content, and such agreement,
when approved, shall be recorded in the County Recorder's Office." The
agreement should include language that requires the City to approve any
modifications or removing the deed restriction.
ii. Setbacks
a.
Front yawl- the front yard setback is required to be 25 -feet. This does not
impact the existing building but does factor in to required parking spaces
and their location. The application submitted only shows 6-7 parking
spaces that could be located outside of the required setback. The
commission could factor in garage parking to count towards the number of
required spaces. These spaces would need to be shown on a revised site
plan that can be approved by the Commission.
b.
Side and Rear yards- These yards are not applicable, as there are no new
structures proposed and parking is not limited by these setbacks.
iii. Lot Coverage
a.
Building coverage -This standard appears to be met.
b.
Landscaping- At least 30% of each lot shall be reserved for landscaping.
A landscape plan should be submitted that describes this standard and also
incorporates all conditions of approval and any other applicable ordinances
(see proposed conditions of approval).
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 surrounding land uses include single-family homes, and multi -family dwellings (including
dormitory housing). The structures intended to be used for the proposed use and are consistent in
appearance with the other structures in the neighborhood. In order to provide the required number
of parking spaces and required landscaping/snow storage areas, some modifications will need to
be made to the site. These modifications should be made in a manner that is harmonious with the
existing character of the neighborhood, which generally consists of front yards that are not
dominated by asphalt or concrete. Therefore, as a minimum, the proposed site plan needs should
include a front yard, as required in the MDRI zone that includes grass, trees, and shrubs, ample
to screen parking areas from the public right-of-way (see proposed conditions of approval).
Proposed signage should be designed so as to not obstruct the vision of maneuvering vehicles.
Signage should be designed in a monument style though the use of brick or decorative masonry
base and wood material to compliment the surrounding neighborhood and suggest permanence
which is consistent with an established neighborhood (see proposed conditions of approval). The
Case No. 07 00305 Page 3
use of banner type signage should be discussed amongst the planning commission to determine
its compatibility with the surrounding neighborhood.
Based on the above information and proposed condition of approval, this criterion is met
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.
Regarding glare, heat, electrical interference, dust, air pollutants, there are no foreseeable impacts
to the neighborhood.
Regarding the potential impacts of noise, vibration, and odors, the commission should explore
these standards and determine if reasonable conditions of approval might address them. The
proposed land use is consistent with surrounding land uses in that all are generally housing.
Regarding solid waste generation and storage, excessive traffic generation, or interference with
pedestrian traffic, the Commission should determine if these standards can be addressed through
reasonable conditions of approval. Trash receptacles should be fully screened from the public
right-of-way and should not be visible from adjacent residential property. There should be no
outside storage of material or equipment unless fully screened form public right-of-way. This
screening, if in it self is deemed objectionable by affected property owners, should be approved
by the Planning Commission or designee. Staff has included proposed conditions of approval that
address trash storage and general storage occurring on the outside of the building. As waste
generation is increased, and to avoid overflow of trash receptacles, each unit should be required
to have its own, full-sized, trash receptacle available for regular trash "pick-ups" (see proposed
conditions of approval).
The Commission should determine if through reasonable conditions of approval this criterion can
be met.
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 is served by all essential public facilities and services; therefore, this criterion is met. In
addition, proposed access points and traffic are proposed to be located on P South rather that
Steiner Avenue. Both streets are local streets, but Steiner is a dead end road and therefore it is
appropriate to have traffic access to 3`a South.
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 roads in the vicinity appear to be functioning within acceptable levels of service. The
proposed use should have minimal impacts on the road network in the area. Third South is part of
the City's street grid system which effectively disperses traffic and ensures alternate routes based
on driver preference, road closures, or congestion. This criterion is therefore met.
g. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building
size and resulting shadow, traffic, and parking.
Case No. 07 00305 Page 4
There are no foreseeable impact regarding noise, building size, or traffic. Parking should be
effectively screened in such a manner that the site does not detract from the other properties in
the area which generally have landscaped front yards that are not dominated by the use of asphalt
or concrete. The parking areas should be fully screened with trees and shrubs. Trees should be a
mix of deciduous and ever green to ensure non -seasonal screening. The proposed condition of
approval gives sizes of trees and shrubs to be planted. Parking areas should have raised curbing
near landscaping areas to ensure that these areas remain well defined, which will prevent
impromptu parking of vehicles (see proposed conditions of approval).
In addition to the above proposed conditions of approval, The City requires minimum setbacks
and screening for parking areas. These requirements and any conditions of approval will be
reviewed during the site plan review phase of the building permit application.
Based on the above analysis and with adherence to the Development Code and the proposed
conditions of approval, this criterion is met.
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.
Not applicable
i. Not result in the destruction, loss or damage of a historic feature of significance to the
community of Rexburg.
Not applicable
IV. STAFF RECOMMENDATION
Staff recommends that the Commission take public testimony and determine if the proposed
conditional use permit can be approved, denied, or approved with conditions. Staff has proposed
conditions of approval based on the previous analysis of each criterion. It may be in order to request
a revised site plan incorporating the identified code requirements before recommending CUP
approval to the City Council.
Proposed Conditions of Approval
1. Trash receptacles should be fully screened from the public right-of-way and should not be visible
from adjacent residential property.
2. There should be no outside storage of material or equipment unless fully screened form public right-
of-way. This screening, if in it self is deemed objectionable by affected property owners, should be
reviewed and approved by the Planning Commission or designee.
3. As waste generation is increased, and to avoid overflow of trash receptacles, each unit shall have its
own, full-sized, trash receptacle available for regular trash "pick-ups"
4. A site plan reflecting all conditions of approval and incorporating all City standards, e.g. landscaping,
parking, etc. shall be submitted and approved by the City prior to the issuance of a building permit.
Landscape plan shall include evidence that an area of 30% or more of the individual lots is being
observed.
5. Commercial lighting standards per the City's development code shall be adhered to, including the use
of dark sky compliant lighting. Any proposed lighting shall be reviewed by the City Engineer.
6. Required parking shall be located 25 -feet behind the property which begins approximately 18 feet
behind the existing sidewalk.
Case No. 07 00305 Page 5
7. Areas of impervious surface that are not approved parking spaces and that are not used as a vehicle
aisle shall be constructed, or restored to a landscaped area with trees and shrubs to; this will ensure
proper screening of parking areas, and prevent unapproved parking from occurring.
8. Parking areas shall be adequately screened form the public right-of-way and adjacent residential
properties. Screening must include the use of deciduous trees ad evergreen trees to ensure non-
seasonal screening. Deciduous trees shall be planted with a minimum size of 2 -inch caliper DBH.
Evergreen trees shall be 7 -feet tall at planting. Shrubs shall include 5 -gallon containers as a minimum.
Ground cover shall include a minimum of 50% living material, i.e. grasses, shrubs, etc, other ground
cover can be non -living material, e.g. rocks, bark chips, etc.
9. Parking areas should have raised concrete curbing near landscaping areas to ensure that these areas
remain well defined, which will prevent impromptu parking of vehicles.
10. The north end of the proposed parking area shall include maneuvering area for the last parking
stall. This shall include a 6 -foot deep by approximately 22 -feet wide paved area.
11. A site drainage plan shall be submitted for review and approval by the City Engineer prior to
issuance of a building permit (or change of use permit).
12. Signage shall be designed in a monument style though the use of brick or decorative masonry
base and wood material to compliment the surrounding neighborhood and suggest permanence which
is consistent with an established neighborhood.
13. An approved building permit must be obtained prior to the issuance of a conditional use permit
for the uses requested.
14. In order to share parking to satisfy required parking, a written agreement for such joint use must
be approved by the City Attorney as to form and content, and such agreement, when approved, shall
be recorded in the County Recorder's Office. The agreement shall include language that requires the
City to approve any modifications or removing the deed restriction to ensure that all standards for
parking requirements on individual lots is satisfied.
Case No. 07 00305 Page 6
CITY OF
REXBURG
Amviot Family Community
August 2, 2007
Permit Number: 07 00305
Review Action
Project Name: Thornburg CUP
Project Type: Conditional Use Permit
P.0 Box 280
19 E Main St.
Rexburg, Idaho 83440
Phone (208) 359-3020
Fax (208) 359-3022
Review Item Actions Required for Approval Approved
Approved Site Plan How will storm run off from the parking lot be
handled?
Parcel Ws RPROOSE0065230
RPROOSE0065430