HomeMy WebLinkAboutSTAFF REPORT - 09-00323 - Kartchner - CUP for 106 apartments (Dormitory)Community Development Department
STAFF REPORT
35 North Pf East
Rexburg, ID 83440
SUBJECT:
APPLICANT:
PROPERTY OWNER:
PURPOSE:
PROPERTY LOCATION
'PROPERTY ID:
COMPREHENSIVE PLAN:
ZONING DISTRICT:
APPLICABLE CRITERIA:
vatc@rexburg.org Phone: 208.359.3020
www.rexburg.org Fax: 208.359.3024
Conditional Use Permit, file # 09 00323
Kartchner Student Housing
Troy Kartchner
601 West 1700 South
Logan, UT
Conditional Use Permit for 106 single student apartments
6`h South and 4`h West
Rexburg, ID 83440
RPROOOK0080201, RPROOOK0080300
RPROOOK0080161, RPROOOK0052950
High Density Residential
High Density Residential Two (HDR2)
c I T Y OF
REXBURG
America's Family Community
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 vacant. About ten years ago, a group out of Utah bought multiple
lots, a couple of houses, and then moved or demolished the homes. They combined the properties
and paid for architectural plans for a large apartment complex. When the University announced that
they were building their own married housing complex, the group shelved the project. Troy
Kartchner is now proposing a single student dormitory housing project on this land.
Case No. 09 00323 Page 1
II. SITE DESCRIPTION
The land for this project is located off 7'h South and bordered on the west by 4`h West. It extends
north past where 6`h South will be constructed. It surrounds to the west and north, the National Guard
Armory.
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.
The High Density Residential 2 (HDR2) zoning requires a conditional use when a complex has
over 24 units. The project requested is comprised of 106 units. Therefore, this proposal does
constitute a conditional use within the HDR2 Zone.
b. Be in accordance with a specific or general objective of the City's Comprehensive Plan and the
regulations of this Ordinance.
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 HDR2 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 project is located in the PEZ 2 Zone. Parking may be reduced from one per
student (100%) to as little as 60% with one manager space. Green space and snow storage
required area will be reviewed at time of site plan review.
PEZ Ordinance
The application is for 106 units with approximately 636 students. This project lies in the PEZ 2
zone and therefore with Commission approval can have parking percentages as little as 60% with
one for the manager. There is a 10% minimum parking requirement for visitor parking combined
with a 50% minimum for student parking. Therefore, the minimum parking required is 383
parking spaces. The current plan shows about 528 spaces. Without the PEZ Zone, 636 parking
spaces would be required. This project requires a conditional use permit. Therefore, the
Commission can address whether or not the 528 spaces are adequate.
The Pez Ordinance (#1021) requires among other things, that each property owner that utilizes
the parking reduction "shall clearly specify on all rental contracts or agreements whether or not a
vehicle parking space is provided". The ordinance further requires that bicycle parking be
provided at 1 per each ten students and is constructed on concrete, asphalt or pavers and shall be
connected to the parking lot etc. Also, sidewalk maintenance (snow removal) is required as part
of the agreement.
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.
This project is similar in use and design to the other apartment projects located to the north and
west. On the east, the project is adjacent to the National Guard Armory and further to the east
and also to the northeast are two Assisted Living Centers. There is one single family home to the
west that would be close to the project. The complex will have to pass design standards. Staff
feels that the project meets this requirement.
Case No. 09 00323 Page 2
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 impacts from becoming a nuisance.
The closure of 4`h West will require City Council Approval. At this time the Commission should
decide if the proposal is in the best interest of the City. The City Engineer requests that a traffic
study be performed by a qualified Engineering Firm (see Proposed Conditions of Approval).
Also, the current plan while removing the connection of 4th West to 7'h South, creates another
straight through traffic access from 7` South of 6'h South. This configuration will entice through
traffic through the parking lot. Alternative options should be explored. A serpentine parking
access design may be a possibility (see Proposed Conditions of Approval).
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.
It is the applicant's responsibility to provide the streets, sidewalk and other infrastructure
required for this project. The City Engineer, the Community Development Dirtector and the
applicant will need to come to terms on a Development Agreement that will include but not be
limited to the widening of 7'h South, the construction of 6' South and 4'h West, the construction
of the bridge over 4`h West and all infrastructure adjacent and extending through the area of the
project (see Proposed Conditions of Approval).
f. Not generate traffic in excess of the capacity ofpublic 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 is needed on the east and north sides
of the northernmost parking lot (see Proposed Conditions of Approval). As currently proposed
the plan sufficiently buffers the one single family home with the canal and the parkway that is
currently 4`h West right-of-way.
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
Case No. 09 00323 Page 3
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. Modify the plan so that a through traffic access is not created through the parking lot that connects 7`h
South and 6`h South.
2. Provide an Engineered Traffic Study.
3. Provide a Development Agreement that will include but not be limited to the widening of 7`h South,
the construction of 6`h South and 4`h West, the construction of the bridge over 4`h West and all
infrastructure adjacent and extending through the area of the project. This Development Agreement
must be approved by the City Engineer and the Community Development Director.
4. Council approval is required for the use of 4`h West right-of-way.
5. Provide buffering on the east and north sides of the northernmost parking lot.
6. 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.
7. A site plan reflecting all conditions of approval and incorporating all City standards, e.g. landscaping,
parking, snow storage, etc. shall be submitted and approved by the City prior to the issuance of a
building permit.
8. 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.
9. To encourage alternative travel options, i.e. bicycling, bike racks and hard surface must be provided.
Location of racks need to be shown on revised site plan. This requirement is identified in the PEZ
Ordinance.
10. Sidewalk and pathway maintenance to be performed as per the PEZ Ordinance.
11. Parking Contracts to be approved by the City Attorney.
12. Requirements of the PEZ Zone Ordinance to be applied to this project.
13. Buildings to meet design standards.
14. Storm drainage, snow removal area and other Engineering considerations to be reviewed and
approved by the City Engineer.
Case No. 09 00323 Page 4