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STAFF REPORT - 09-00180 - Park View Apartments - CUP
Planning and Zoning Department STAFF REPORT 12 North Center goryl@rexburg.org Phone: 208.359.3020 x314 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3024 CITY OF 1tEXB U RG ns Americas Rimity Communify SUBJECT: Conditional Use Permit, file # 09 00180 Park View Apts. Amendment APPLICANT: Cory Sorensen 154 South 3`d West Rexburg, Idaho 83440 PROPERTY OWNER: See application PURPOSE: Request is to amend an existing CUP (#05-00134) to allow an additional 54 student beds. PROPERTY LOCATION: 142,154, 160, 164, and 174 South 3`d West Rexburg, Idaho 83440 PROPERTY ID: RPRRXB10452900, RPRRXB10453611, RPRRXB10453671, RPROOSE0034570, RPROOSE0035290 COMPREHENSIVE PLAN: Medium Density Residential ZONING DISTRICT: Medium Density Residential 1 (MDRI) 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 is seeking an amendment to an existing conditional use permit to allow for more students. The original approval allowed for 32 students and a single family unit. The subject property at the time included 2 single family homes. The original approval had only one condition of approval that staff could locate, and that that was that the "trash facilities" had to be located in the rear of the building. The new application has included the corner lot owned by the applicant. It was staff's understanding that the CUP sought at this time was mainly to construct the two structures that would house 36 students and 18 students respectively. The property on the corner was not a part of original Case No. 09 00180 Page 1 application and should not be included at this time as there may be issues that relate to parking,trash dumpsters, etc. II. SITE DESCRIPTION The subject property consists of 6 parcels and is located directly west of Porter Park on S P West. The surrounding neighborhood includes single-family homes, and multifamily housing (including dormitory -style housing). 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. 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 Medium Density Residential. The zoning district of MDR1 is an allowed zoning designation within the comprehensive plan designation of Moderate -High Density Residential, therefore this criterion is met. In addition, staff will review applicable development code standards during the review of the building permit. 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 Commission should determine if through reasonable conditions of approval this criterion can be 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. 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. 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. The immediate streets are 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. Case No. 09 00180 Page 2 g. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. The Commission should determine if through reasonable conditions of approval this criterion can be 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 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. Proposed Conditions of Approval 1. Approval is for 86 student dormitory and 1 "family" unit. Any increase from this number in the future shall require an amendment to this Conditional Use Permit. 2. Approval does of include property on South west corner, this will need to come under a separate permit. 0' `-I 3. Trash receptacle should be fully screened from the public right-of-way and should not be visible from adjacent residential property. 4. 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. 5. 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" 6. 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. 7. 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. 8. Required parking shall be located 20 -feet behind the property line for property located along S 3`d West. 9. 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. 10. 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. Case No. 09 00180 Page 3 11. 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. 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. To encourage alternative travel options, which are likely to decrease vehicular trip generation, short term bicycle parking shall be provided. As a minimum, short-term parking shall be provided at a ratio of 1 space per 5 students. Parking areas shall be well defined and include bicycle racks and concrete pads. 14. Applicant shall provide all required vehicle and bicycle parking spaces and outside of the required front yard setback 15. An approved building permit must be obtained prior to the issuance of a conditional use permit for the uses requested. Case No. 09 00180 Page 4 Exhibit A Boundaries Case No. 09 00180 Page 5 � : � « yam:%a: ©. �