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HomeMy WebLinkAboutSTAFF REPORT - 09-00386 - Henderson - Ivy - CUP for 152 Apts in PED (Dormitory)Community Development Department STAFF REPORT 35 North lin East Rexburg, ID 83440 SUBJECT: APPLICANT: PROPERTY OWNER: PURPOSE: PROPERTY LOCATION ROPERTY ID: COMPREHENSIVE PLAN: ZONING DISTRICT: APPLICABLE CRITERIA: vatc@rexburg.org Phone: 208.359.3020 www.rexburg.org Fax: 208.359.3024 of NEXBUgC U G C I T Y O F REXBURG (W Americas Fmnily Community Conditional Use Permit, file # 09 00386 - W.R.Henderson W.R. Henderson P.O. Box 190 Rexburg, ID 83440 W.R. Henderson Conditional Use Permit for construction of a-246 unit, single student, BYU-I approved housing complex At the corner of South 2"a West and West 7`h South Rexburg, ID 83440 RPRXBCA0306630 High Density Residential High Density Residential 2/ Professional Overlay 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... " L BACKGROUND The subject property is adjacent to the south of the Nauvoo single student apartment complex. The land is currently undeveloped. II. SITE DESCRIPTION This project is located off 2"d West. The proposed site is bordered on the north by the Nauvoo housing complex. The south boundary is the 7'h South road right-of-way. University fields border on the east. Case No. 09 00386 Page 1 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 100 units. The new complex will have 152 units. Therefore, this proposal does constitute a conditional use within the HD2 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 High Density Residential. The request is in accordance to the Comprehensive Plan. Development Code With regards to the City's Ordinances, the adopted Development Code (ordinance 1026) 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 100 units will be present in this complex. The complex has more parking than is currently required by the PEZ Zone 1 standard which allows only 10% visitor parking. Green space and snow storage required area will be reviewed at time of site plan review. PEZ Ordinance This project lies in the PEZ 1 zone and therefore with Commission approval can have parking percentages as little as 10% with one for the manager. There is-9414beds planned, therefore, the minimum parking required is 93 spaces. The current plan shows about 282 spaces. Without the PEZ Zone, 914 parking spaces would be required. This project requires a conditional use permit. Therefore, the Commission can address whether or not the 282 spaces are adequate for the 912 students, the manager and visitors. 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. The plans provided identify a pedestrian path between this project and the one to the north that would connect to a path crossing the University land to the main campus. The PEZ Ordinance has language concerning this very issue. Staff recommends that this issue be addressed as part of the Conditional Use Permit (see Proposed Conditions of Approval). . Staff has determined that there is another issue that needs to be discussed or clarified with the Commission. The existing complex is made up of very long buildings. The current design standards would not allow these long buildings. The way that the Development Code is written, Case No. 09 00386 Page 2 the applicant can request the Design Review Committee allow variance from the prescriptive requirements of the code. Staff requests that this the Planning and Zoning Commission act as the Design Review Committee and as part of the CUP determine if the buildings are "broken up" enough to meet design requirements (see Proposed Conditions of Approval). 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 neighborhood is comprised of apartments and the University maintenance yard. The existing design should be adequate. 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 City Engineer determined that the increase in traffic for this project will require a traffic study. Staff is recommending a study be completed (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. Drainage structures will be reviewed by the City Engineer. 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. A traffic study is required. g. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. Staff found that parking buffering is provided by buildings. Building size is compatible with surrounding uses. Is. 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. The slope should not be an issue. Bedrock is found at an average of about 3 feet depth. 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 00386 Page 3 Proposed Conditions of Approval 1. Work with adjoining property owner to the north to create a pedestrian pathway on the north boundary of this project. Dedicate 50% of the land required for this path, provide 50% of construction cost and provide an easement for its use. The Community Development Director shall approve the path as part of the Site Plan Review. 2. Determine if length of buildings can be approved as part of Planning and Zoning Meeting. The P&Z Commission acting as the Design Review Committee should determine if the spirit of the design standards are met. Staff requests that design review be included as part of CUP. 3. Trash dumpsters/receptacles shall be located within the interior (behind front building line, but in required setbacks) of the lot and shall be enclosed. 4. 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. 5. 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. 6. 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. 7. Sidewalk and pathway maintenance to be performed as per the PEZ Ordinance. 8. Parking Contracts to be approved by the City Attorney. 9. Requirements of the PEZ Zone Ordinance to be applied to this project. 10. Storm drainage and other Engineering considerations to be reviewed and approved by the City Engineer. Case No. 09 00386 Page 4