HomeMy WebLinkAboutSTAFF REPORT - 08-00522 - Whoolery - 165 S 1st E - CUP for Dormitory in MUPlanning and Zoning Department
STAFF REPORT
12 North Center garyi@rexburg.org Phone: 208.359.3020 x314
Rexburg, ID83440 www.rexburg.org Fox: 208.359.3024
SUBJECT:
APPLICANT:
PROPERTY OWNER:
PURPOSE:
PROPERTY LOCATION:
rROPERTY ID:
COMPREHENSIVE PLAN:
ZONING DISTRICT:
APPLICABLE CRITERIA:
Conditional Use Permit, file # 08 00522
Rachel Whoolery
2169 Ferris Lane
Rexburg, ID 83440
Dennis Richardson
510 Valley Oak Blvd.
CentralPoint, OR 97502
Change single family dwelling to dormitory housing
165 South 0 East
Rexburg, ID 83440
RPROOOP0014990
Low Density Residential
Medium Density Residential 1 (MDRI)
City of Rexburg Development Code (Ordinance Code 926)
§ 6.13 Conditional Use Permits
CITY OF
REXBURG
Americas Family Community
AUTHORITY § 6.13 (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 subject property has been operated as a single-family dwelling unit up until a recent sale of the
property. The new owner, Mrs. Whoolery is now requesting that the property be operated as
dormitory housing which requires a conditional use permit. The property owner has also secured
ownership of some adjacent properties which will likely allow for coordinated development now and
in the future should this CUP request be granted.
..I. SITE DESCRIPTION
The subject property is encompasses approximately 0.19 -acres (8,276 square feet) and is accessed
from and S 1 st East (a local street), and possibly E 2"d South (a collector street) depending on final
Case No. 08 00522 Page 1
site plan approval. This portion of S I't East is approximately 60 -feet in width (curb to curb) with
diagonal parking allowed on both sides (non -winter months). This portion of E 2"" South is
approximately 37 -feet in width (curb to curb) with parking allowed (non -winter months) on the north
side.
The site has one existing building, with no additional buildings proposed at this time; only a change
of use is proposed at this time.
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, and Table 2, Land Use
Schedule.
Dormitory housing is a land uses that is listed as a conditional use within the MDRI Zone.
Therefore, this proposal does constitute a conditional use within the MDRI Zone.
b. Be in accordance with a specific or general objective of the City's Comprehensive Plan and the
regulations of this Ordinance.
Comprehensive Plan
The City's comprehensive plan has designated the subject property as low density residential.
However, the current zoning should prevail which allows dormitory if a conditional use permit
can be issued..
The Rexburg 2010 Comprehensive plan states as a policy to "encourage compact development to
retain a convenient city." This proposal increases density around the campus and thus adds to a
more compact community. The proposal is adjacent to the college campus and relatively close to
commercial zones. Therefore, this policy is met.
The Comprehensive plan further states that, "housing which serves the students should be within
walking and biking distance from the college and from neighborhood commercial services. This
proposal is located within 300 feet (using sidewalk network) of the north east boundary of the
BYU-I campus, and approximately 1370 feet (using sidewalk network) from the intersection of
Carlson Ave and College Avenue, a commercial zone. Ideal walking distance for pedestrians is
up to '/o of mile, or 1320 feet. Both distances listed above generally fall within this distance.
Based on the above information, this proposal satisfies the comp plan policy. However, if the
building were to be rebuilt with other property to include a structure that more efficiently uses the
available land, more compactness and efficiency could be achieved. The Commission should
determine if a single family conversion is the most efficient use of the land and if this change
provides for optimal compactness, without creating an overcrowded situation, and advances the
goals of the Comprehensive Plan.
Development Code (Ordinance 926)
With regards to the City's Ordinances, the adopted Development Code (ordinance 926) regulates
development and land uses. An existing building that undergoes a change of use must satisfy all
current codes that are applicable to the use proposed. Staff has determined that parking
requirements found within the development code need to be verified in order for a conditional
use permit to be issued.
Case No. 08 00522 Page 2
Changing from a single-family residence to dormitory requires some changes to occur on the
subject property. First, there is an increase demand for parking. As a dormitory use, the applicant
must show how one parking space per student is provided. The applicant is required to provide
12 parking spaces. That is assuming that no onsite manager is present. Second, parking
maneuvering and aisle widths is different from single-family residence. Parking for dormitory
housing cannot be constructed so that vehicles will require backing maneuvers in the public
right-of-way. Backing issues are usually taken care of when another code requirement is met, that
of disallowing parking spaces within 20 feet of the public right of way. Also, there may be issues
on the submitted site plan regarding required parking space dimensions and minimum aisle
widths. Ultimately, the applicant will need to show how all of the above mentioned requirements
and any others found in the development code are met on a submitted site plan.
The applicant has proposed:providing off-site parking spaces, which can be allowed by code.
However, these parking spaces will be located on adjacent property which is deficient in their
parking requirements. These other properties have very limited parking available to their tenants
and, as a minimum, providing any parking spaces on adjacent properties will likely be used by
the tenants of those properties not the subject property's tenants.
The applicant has been working with staff on the above mentioned site plan, but has not currently
submitted a site plan that observes. Should the Commission recommend approval to the Council,
staff will continue to work with the applicant on a solution. The CUP should therefore be
conditioned that no issuance will occur until all site plan issues are resolved and approved
through regular administrative review to take place at the time the applicant applies for a change
of use with the Community Development Department (see proposed conditions of approval).
Additionally, should the City change its parking ratio for student housing and the subject
property is subject to this reduction, appropriate reductions for the subject property's parking
demand should be allowed to be reduced, subject to any provisions at that time.
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 intent of the MDRI zone is to "Protect stable neighborhoods of detached single-family
dwellings on smaller lots and multi -family housing not to exceed four (4) dwelling units per
development as a use by right." Conditional uses within the zone are to be:
1) Compatible with an atmosphere of low building heights.
2) Low traffic volumes
3) Ample off-street parking
4) Low nuisance potential
The intent of the zone is to insure that a mix of single-family homes and multi -family dwellings
are able to co -exist, and that the multi -family developments are to "fit in" with the lower density
developments. However, immediately surrounding the subject property are uses that are similar
to the proposed use, dormitory housing. Nevertheless, some consideration should be made to
increase the compatibility with the adjacent neighborhood.
Staff would recommend that to further increase the compatibility of the proposal with
surrounding land uses and community that the following be considered as conditions of approval:
1) Landscape buffering- parking areas must be screened from the public right-of-way. Applicant
should submit a landscape plan to the Planning department for review and approval prior to
the issuance of a change of use permit, or building permit. The proposed landscaping must be
Case No. 08 00522 Page 3
installed prior to the issuance of a certificate of occupancy (see proposed conditions of
approval).
2) Trash receptacles should be located in the interior of the lot and should be fully enclosed so
that receptacle and screening do not dominate the view of the development from the public
ROW. Screening material should be consistent with material used on primary structures, e.g.
if the building is brick, then the trash receptacle should be brick, etc (see proposed conditions
of approval).
3) Lighting should be low in height (not to exceed 15 -feet) and not create glare, and as a
minimum shall adhere to the City's lighting ordinance. Any proposed lighting would need to
be submitted to the City for review and approval subject to the submittal and approval criteria
found in the development code (see proposed 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, noise, vibration, odors:
Adherence to City standards: should prevent these impact from becoming a nuisance.
Regarding solid waste generation and storage, excessive traffic generation, or interference with
pedestrian traffic: Solid waste generation and storage- Trash receptacles should be located in the
interior of the lot and should be fully enclosed so that the receptacles do not dominate the view of
the development from the public ROW.
There will be an increase of potential average vehicular daily trips coupled with the potential for
the tenants to walk or ride bicycles to classes and commercial areas. The Commission should
determine if this proposal constitutes excessive traffic for the area, which is comprised of local,
and a collector street.
As pedestrian and bicycle traffic is generated or increased, it becomes necessary to ensure that all
exterior sidewalk adjacent to the site (including any property encumbered by the proposal, as
these properties will then become part of the proposed parking solution.) are installed or repaired
(to City standards) prior to the occupancy of the proposed structure (see proposed conditions of
approval). A strong pedestrian connection from the site to adjacent streets should be established.
All sidewalks both exterior and interior should be interconnected and should connect to the main
entrances of the unit (see prpposed condition of approval).
To encourage alternative travel options, which are likely options for dormitory housing, bicycle
parking requirements should be implemented. Parking standards should include both long term
(several hour stay, weather protected) and short term (visitors -two hours or less). Bicycle parking
standards should be based on number of tenants for dormitory style housing, and could be 1
space for every two students, three students, or four students. This ratio could be a mix of long-
term parking and short-term parking (i.e. parking sheltered from the elements, and exposed
bicycle rack parking.) Sheltered parking, like the screening of trash dumpsters should be
constructed of high quality building materials that are consistent with the main building.
Sheltered parking should not be located within the required front yard. A hard surface path
should be provided from the City right-of-way to sheltered parking and then to the main entrance
of main structure (see proposed conditions of approval).
Case No. 08 00522 Page 4
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 assureadequate visibility at traffic access points.
The commission should consider information provided in criterion D regarding traffic and access
safety to determine if this criterion is met. 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.
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.
Site development and engineering will be reviewed and approved by the City Engineer. Site may
have some issues with slope, but final approval will need to be made by the City Engineer.
i. Not result in the destruction, loss or damage of a historic feature of significance to the
community of Rexburg.
Not applicable
III. 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
some conditions of approval should the Commission choose to approve with conditions.
Proposed Conditions of Approval
1. No issuance of a Conditional Use Permit can occur until all site plan issues are resolved and approved
through administrative review which shall take place at the time the applicant applies for a change of
use with the Community Development Department.
2. All parking lot requirements shall be depicted on the revised site plan, including proper aisle widths,
grades, parking stall sizes, number of spaces, etc.
3. Required parking spaces shall be placed on the subject property only, not adjacent properties.
4. Should City policies and/or ordinances change regarding parking standards, these standards will
apply to the subject property.
5. Trash dumpsters/receptacles shall be located within the interior (behind front building line, but
minimum is required setbacks) of the lot and shall be enclosed with materials that are consistent with
those materials used in the building that they are adjacent to, e.g. brick, wood, etc.
Case No. 08 00522 Page 5
6. Lighting shall be reviewed. All lighting shall be applicable lighting standards, including full cut-off
fixtures and lower wattage light sources, i.e. 60-75 watt. Violating lights on site shall be replaced
prior to issuance of a certificate of occupancy.
} 7. A site plan reflecting all conditions of approval and incorporating all City standards, e.g. landscaping,
parking, etc. shall be submitte&and approved by the City prior to the issuance of a building permit.
8. A landscape plan shall be submitted when an application is submitted for a change of use, or building
permit. Landscaping shall be required to be implemented prior to the issuance of a full certificate of
occupancy. The site shall include 30% landscaping (per ordinance 926), this percentage shall be
shown on the approvable landscape plan.
9. In providing reduced setbacks (14 -feet on 2nd East, and 13 -feet for 2nd South), as allowed by
ordinance, parking areas shall be screened by more mature landscaping. Deciduous trees shall be 2 -
inch caliper at planting. Evergreen trees shall be 7 -feet in height at planting, and shrubs shall be 5 -
gallon at planting. Number of trees and shrubs shall be adequate to screen parking areas. No parking
shall be provided on this site within these setbacks.
10. Proposed project entrances shall be enhanced through landscaping. This requirement shall
include all mechanical equipment installed as part of the development to be adequately screened from
the ROW and from adjacent property.
11. Lighting shall be low (under 15 -feet in height) and not create glare, and as a minimum shall
adhere to the City's lighting ordinance. Any proposed lighting would need to be submitted to the City
for review and approval subject to the submittal and approval criteria found in the development code.
12. All exterior sidewalks adjacent to the site (including any property encumbered by the proposal, as
these properties will then become :part of the proposed parking solution.) must be installed or repaired
(to City standards) prior to the occupancy of the proposed structure
13. All sidewalks both exterior and interior should be interconnected and should connect to the main
entrances of the unit
14. To encourage alternative travel options, which are likely to decrease vehicular trip generation,
bicycle parking shall be provided, both long term (several hour stay, weather protected) and short
term (visitors- two hours or less). As a minimum, for dormitory housing, long-term parking spaces
(sheltered) shall be provided at a ratio of 1 space per 3 tenants and short-term parking at a ratio of 1
space per 2 tenants. For this development this would require 4 long-term spaces and 6 short-term
spaces.
15. Sheltered parking, like the screening of trash dumpsters shall be constructed of high quality
building materials that are consistent with the main building. Sheltered parking shall not be located
within the required front yard. A hard surface path shall be provided from the City right-of-way to
sheltered parking and then to the main entrance of main structure.
Case No. 08 00522 Page 6