HomeMy WebLinkAboutSTAFF REPORT - 06-00558 - Powell Subdivision - 14 Duplexes in LDR2Planning and Zoning Department
STAFF REPORT
12 North Center garyt@rexburg.org Phone: 108.359.3020 x314
wburg,10 83440 www.rexburg.org Fax: 208.359.3024
SUBJECT: Conditional Use Permit, file # 06 00558
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APPLICANT: See Exhibit A for list of Applicants and Owners
PROPERTY OWNER: Same
PURPOSE: Requests to allow existing Duplexes to continue to operate under the
Conditional Use Permit provision of the Rexburg Development Code for
two-family dwelling units.
PROPERTY LOCATION: Various (see Exhibit B) within the Powell and Miceklsen Subdivisions
COMPREHENSIVE PLAN: Low -Moderate Residential Density
ONING DISTRICT: Low Density Residential 2 (LDR2)
APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance Code 926)
§5.8 Required Number of Parking Spaces
§ 6.13 Conditional Use Permits
AUTHORITY § 6.13 (F)(7) "The Planning and Zoning Commission may, without
approval of the Council, grant the following conditional use permits:... (7)Permits for developments with four
or less dwelling units... "
I. BACKGROUND
Conditional use permits are permitted uses within a zone but are uses that may have special
circumstances which require the City to consider and either approve, deny, or approve with
conditions. Any conditions of approval should seek to minimize or eliminate potential impacts a
proposal or use may have on its surroundings.
The Rexburg Development code allows two-family dwellings or duplexes within the LDR2 zone,
subject to obtaining a conditional use permit (CUP). All of the properties requesting a CUP in this
application are located within an LDR2 zoning district.
The area knows as the Powell neighborhood was encouraged by the Planning Commission during a
recent public hearing to come in to compliance with the zoning requirements for obtaining a CUP to
operate a duplex. Through a neighborhood effort, all of the properties operating as duplexes were
Case No. 06 00558 Page 1
identified and those desiring to come into compliance with the development code submitted an
application for a CUP, which are included in Exhibit C.
Ordinance 851- Life Safety
The City passed Ordinance 851 on April 18, 2001 in an effort to identify all structures within the
City that were being operated as a residential use other than a single family home, i.e. duplexes,
triplexes, etc. The City made an effort to notify all property owners affected including mailings,
information contained with water bills, and notices in the local newspaper.
The purpose of Ordinance 851 was to identify property that was being used to house multiple
families, or units and ensure that the safety aspect of the units was acceptable to applicable codes.
Once identified, these properties were required to retrofit the structure for life and safety purposes to
meet the building code standard that applied either at the time the land use conversion occurred or to
a modified standard if change of use occurred prior to 1985. Each property owner was given a date
of December 31, 2002 to identify all applicable building code issues that needed to be resolved. The
property owners were then given a deadline of July 1, 2004 to have a final inspection to ensure
compliance. Due to the City's Building Department being overwhelmed with these inspections and
day to day inspections, some final inspections occurred after the July 15` date, but all inspection
requests had to be in by then.
If a property that claims to have been operating as a multi -family structure for many years and failed
to satisfy Ordinance 851 when it was issued, or was unaware of the actual document is today
required to have a building inspection and to satisfy all current applicable codes.
Ordinance 851 as it Applies to the Current CUP Applications
Most of the CUP applicants for this hearing were able to complete the requirements of Ordinance
851 and were given an "approval" status from the City; two of the applicants did not. The status of
City "approval" gave most property owners the understanding that they were identified, went
through structural upgrades, and were then considered a legitimate land use and had City approval to
operate as a multi -family land use. What this process apparently was not intended to do was to waive
requirements for conditional use permits, or other development code issues related to operating a
property as in a multi -family manner. What the City was then facing was to go back to many of these
property owners that completed there Life Safety, Ordinance 851 requirements and inform them that
their lot was too small and therefore cannot operate any more as a multi -family structure. The City
has at least recognized this issue with regards to the Powell and Mickelsen Subdivisions. The City
Council, when asked if an applicant that had their property meet the Life Safety requirements when
required to do so can then have a "grandfathering" status for the use regardless of general standards
such as lot size, said yes I.
The applications before the Commission tonight are therefore divided into two groups, those that
have completed their Life Safety inspection to satisfy Ordinance 851, and those that have not. Those
that have passed the Life Safety requirements should be considered as "grandfathered" land use,
while those that have not should also be considered "grandfathered," but should, as a condition of
approval, obtain a duplex building permit and pass inspection through the City's building
department.
Conditional use permits are permitted uses within a zone but are uses that may have special
circumstances which require the City to consider and either approve, deny, or approve with
1 City Council, Rexburg 201, November 10, 2006
Case No. 06 00558
Page 2
conditions. Any conditions of approval should seek to minimize or eliminate potential impacts a
proposal or use may have on its surroundings.
II. SITE DESCRIPTION
The subject properties are located within an existing neighborhood platted and known as the Powell
and Mickelsen Subdivision. The neighborhood is generally built out with all utilities and major
infrastructure provided. Access to the neighborhood is mainly from Main Street in front of the
Madison Hospital, and from 2"d South, and to a lesser degree, 15` south and Millhollow Road.
The surrounding neighborhood is predominantly single-family homes. There are three lots within the
Powell neighborhood that contain existing duplexes that have obtained CUP status in the past (see
Exhibit D).
III. 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 1, Zoning Districts, and Table 2, Land Use
Schedule.
A two-family unit is listed as a conditional use within the LDR2 zoning district, 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 Low -Moderate Residential
Density. The zoning district of LDR2 is in compliance with the comprehensive plan designation,
therefore this criterion is met.
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 subject properties are all existing and have been part of the existing character of the
neighborhood, which is a single-family ambiance. The character of the neighborhood should be
maintained, therefore, reasonable conditions of approval could be applied to ensure this, e.g.
screened trash receptacle enclosures, sidewalk installation, screened parking, etc. This criterion is
therefore met or can be met with reasonable conditions of approval.
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 noise, vibration, odors, these are prospective standards, the commission should
explore these standards and determine if reasonable conditions of approval might address them.
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.
Case No. 06 00558 Page 3
Solid waste generation and storage- Likely, solid waste will double if the unit operates as
a two -unit dwelling therefore, staff recommends as a conditional of approval, that both units have
their own waste receptacles for trash service. To decrease visual impacts of the receptacles, staff
recommends located them so that neither receptacle is visible form the pubic right-of-way, or
adjacent property.
The City recognizes that trip generation for a single family home is 10 trips per day, that
is leaving one's home and returning, as two trips. A two-family dwelling generates 8 trips per
day, per unit, or 16 trips per day total. The Commission should determine if this constitutes
excessive traffic for the area, which is comprised of local neighborhood streets. The Commission
could limit the number of vehicles on site as a way to ensure that the impacts of a two-family unit
do not detract from the ambiance of the surrounding neighborhood, or interfere with pedestrians.
Furthermore, a two-family dwelling will generate greater pedestrian activity in an area with
sidewalks in front of most properties, therefore staff recommends a condition of approval, where
applicable, to require sidewalks to be installed to City standards along all portions of the property
abutting public right-of-way.
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.
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.
As mentioned in the criterion D, above, a two-family dwelling will generate approximately 16
trips per day, versus 10 trips per day for single family homes. The local streets serving the
property are paved, two-way local streets. The Commission should determine if the increase in
traffic generation exceeds the capacity of the public streets. The Commission should also
determine if locations of driveways and parking areas are adequate and do not obstruct visibility
at traffic access points.
The Commission should determine if through reasonable conditions of approval this criterion can
be met.
g. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building
size and resulting shadow, traffic, and parking.
The Commission should explore this criterion and identify any impacts and determine if they can
be minimized or eliminated through reasonable conditions of approval such as screened parking
areas for a certain number of parking spaces, etc.
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
Case No. 06 00558 Page 4
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 permits can be approved, denied, or approved with conditions. Staff has proposed
some conditions of approval should the Commission choose to approve with conditions.
Proposed Conditions of Approval
To apply to all properties except as noted
1. Both units shall have their own waste receptacles for trash service.
2. Trash receptacles shall not be visible form the pubic right-of-way, or adjacent property. Trash
receptacles shall be placed inside the garage on days of no trash service for the site.
3. Sidewalks shall be installed and maintained to City standards along all portions of the property
abutting public right-of-way. Sidewalks must pass inspections performed by the City. Sidewalks shall
incorporate ADA access standards where applicable, e.g. corner lot ramp access, slope, etc.
4. Parking areas of four or more spaces out side of a garage shall have landscaping adequate to screen all
but two of the spaces from the right-of-way and adjacent properties.
5. Existing lots less than 10,000 square feet shall not through any lot line adjustment or other land
transfer or dedication decrease their current lot size. Those that are over 10,000 square feet shall not
decrease their lot sizes below 10,000 square feet through any lot line adjustment, land transfer, or
dedication. Should the City standards regarding minimum lot sizes for duplexes be modified in the
future to allow for less than 10,000 square feet, then this condition shall follow that standard.
6. Because Life Safety Inspections were not obtained per Ordinance 851, the properties located at 475
Linden Avenue and 75 Oak, shall obtain a building permit through the City of Rexburg for the
structural use as a two -unit dwelling or duplex.
EXHIBITS:
A. List of CUP Applicants/Owners
B. Map Depicting Subject Properties
C. Submitted Applications
D. Existing CUPS for Duplexes Within the Powell Neighborhood
E. Letters Submitted
Case No. 06 00558 Page 5
EXHIBIT A
List of CUP Applicants/Owners
Parcels
1) 76 Birch- Stephen Parkinson
2) 106 Birch- Paul and Kathey LaFollette
3) 430 Linden Ave -
a. Applicant- Aaron Romney, 53 Millhollow Rd, Rexburg ID 83440
b. Property Owner- Millhollow Frozen Yogurt, Inc. 48 S 15` E, Rexburg ID 83440
4) 130 Elm Ave- Jeanene B Hensley
5) 415E2"dS-
a. Applicant- Saron Smith, President of Harvest Home, LLC. 1242 Meadowview Ave,
Rexburg ID, 83440
b. Owner- Harvest Home, LLC. 1242 Meadowview Ave
6) 431 E2 d S- Josh Clark
7) 522 Linden Ave- Michael and Susan Tatum
8) 531 Linden Ave- Dana Izatt
9) 484 Maple Dr- Francis E Keele
10) 75 Oak- Charles Mickelsen
11) 475 Linden- Donald Hammer
12) 525 Maple Dr- Edward Malstrom
13) 535 Maple Dr- Terry Madsen
14) 545 Maple Dr- Richard Ferguson
Case No. 06 00558 Page 6
EXHIBIT B
Map Depicting Subject Properties
Case No. 06 00558 Page 7
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