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Home My WebLink AboutSTAFF REPORT & REVIEWS - 09-00266 - Willowbrook Apartments - CUP to add two 4-plexes, each a 2 bedCommunity Development Department STAFF REPORT 35 North P' East valc®rexburg.org Phone: 208.359.3020 Rexburg, ID 83440 www,rexburg.org Fax: 208.359.3024 SUBJECT: Conditional Use Permit, file # 09 00266 - Randy Landon APPLICANT: Randy Landon 2287 West 4200 South Rexburg, ID PROPERTY OWNER: Randy Landon PURPOSE: Conditional Use Permit to allow two 4-plexes PROPERTY LOCATION: 234 West 15` South and surrounding parcels as described Rexburg, ID 83440 CITY or REXBURG Americai Family Commwdiy PROPERTY ID: RPRRXB10413011, RPRRXB10412981, RPRRXB10412991 RPRRX1310414450, RPRRXB10413051, RPRRXB10413060 MPREHENSIVE PLAN: Neighborhood Commercial/Mixed Use ZONING DISTRICT: High Density Residential One (HDRI) APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance Code 926) § 6.13 Conditional Use Permits 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 is currently part of the Willowbrook apartment complex. The applicant has additional land that has not been developed. This complex has been built and added to over many years and includes a ten plex, a nine plex, a four plex, a duplex and a house. II. SITE DESCRIPTION The lot that will contain the new buildings is approximately %z of an acre. It is surrounded of the north and west by the Willowbrook apartment complex. On the West the land is adjacent to the railroad right-of-way. To the south are single family homes and a duplex owned by the applicant. The new units will become part of the existing apartment complex and will share access, green space and parking. Case No. 09 00266 Page 1 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, and Table 2, Land Use Schedule. The High Density Residential 1 (HDRI) zoning requires a conditional use when a complex has over 24 units. The existing complex that these units are being part of has 26 units. Therefore, this proposal does constitute a conditional use within the HDRI Zone. b. Be in accordance with a specific or general objective of the City's Comprehensive Plan and lire regulations of this Ordinance. Comprehensive Plan The City's comprehensive plan has designated the subject property as Neighborhood Commercial/Mixed Use. HDRI is not listed as an appropriate use in the Comprehensive Plan. The HDRI zone allows for taller buildings and higher densities than might be allowed in a mixed use zone. The size of the entire complex is about 1.9 acres. The additional units will bring the total units of the complex to 34 units. The overall density would be about 18 units per acre. This density is more in line with a Medium Density Zone (16 — 24 units per acre) than a High Density Zone (30 — 42 units per acre). At this time the zoning ordinance does not contain a "mixed use zone". This zone is being discussed in Planning and Zoning at this time. The 18 unit per acre density of this project should be in the guidelines of the new mixed use zones being created. The Rexburg 2010 Comprehensive plan states that in the "Neighborhood Commercial/Mixed Use" area, buildings should be no more than three stories in height with one and two story building as the standard. The proposed buildings are for two story buildings. Based on the above information, this proposal satisfies the comp plan policy. Development Code With regards to the City's Ordinances, the adopted Development Code (ordinance 926) regulates development and land uses. This project is in a HDRI zone. The use requested is consistent with the zone. A conditional use permit is required due to the fact that over 24 units will be present in this complex. The complex has more parking than is currently required. There is plenty of green space and snow storage. Staff has determined that there is a couple of issues that need to be discussed or clarified with the Commission. The existing complex is made up of multiple apartment buildings and two houses that were originally single family homes. Each of the existing buildings is on its own lot. The two new buildings will be on an additional lot. There will be a total of six lots. The parking, aisles, green space and access will be shared. As the complex is currently configured, individual buildings (and the lots that go with them) could be sold off. This could create noncompliant apartments. The other issue is the need for a clearly marked pedestrian access form the apartments to the public way without using driveways. Case No. 09 00266 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. These units will only be noticeably visible from I" West. The Railroad right-of-way is between the units and the public right-of-way. The units will have to pass design standards. 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. Due to the slight increase of potential average daily trips coupled with the potential for the tenants to walk or ride bicycles to classes and commercial areas, staff did not perform a quantified analysis on this issue. The Commission should determine if this proposal constitutes excessive traffic for the area, which is comprised of local, collector, and arterial streets. 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 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. Parking lots are required to be buffered from other residential properties. Buffering may be needed on the west and east ends of the east/west parking lot. 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 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. Case No. 09 00266 Page 3 Proposed Conditions of Approval 1. The apartment complex must be tied completely together as one inseparable complex that can't be sold off in pieces. Or individual lots must be created that work independent of each other. This would require easements, joint use agreements, lot size changes, etc.. 2. 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. 3. 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. 4. Existing parking places located in the front yard setbacks to be removed and replaced with landscaping. 5. Buffers to be provided at west and east end of parking lot. Trees and bushes or a suitable fence is required. 6. 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. 7. A pedestrian access shall be provided to connect the interior of the site to the public right-of-way without using driveways. 8. To encourage alternative travel options, i.e. bicycling, bike racks must be provided. Location of racks need to be shown on revised site plan. 9. Buildings to meet design standards. 10. Storm drainage and other Engineering considerations to be reviewed and approved by the City Engineer. Case No. 09 00266 Page 4 pexecx P.O Box 280 c` C I "IY 0 F pp n rvT�7 TT'� 19 E Main St. REXBURG Rexburg, Idaho 83440 Ainalm _, ninny Cmnmunhy. Phone (208) 359-3020 Review Action Fax (208) 359-3022 August 31, 2009 Permit Number: 09 00266 Project Name: Randy Landon - CUP Project Type: Conditional Use Permit Review Item Actions Required for Approval Approved roved GIS Review 300' Notification List Generated. 08/11/2009 Description Closes and described the desired area. Parcel #'s RPRRXB10413011 P PRRXB 10413060 RPRRXB 10413051 08/11/2009