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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