HomeMy WebLinkAboutSTAFF REPORT - 06-00349 - Travis Yost - 85 Oak Ave - CUP for Duplex in LDR2Planning and Zoning Department
STAFF REPORT
12 North Center garyt@rexburg.org Phone: 208.359.3020x314
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3024
SUBJECT: Conditional Use Permit, file # 06 00349
APPLICANT: Travis Yost
85 Oak Ave
Rexburg,ID 84330
PROPERTY OWNER: Same
PURPOSE: Request to operate a two-family dwelling unit.
PROPERTY LOCATION: 85 Oak Ave
PROPERTY ID: RPROPOW0081260
COMPREHENSIVE PLAN: Low -Moderate Residential Density
CITY OF
MXBURG
Ameiwd Family Community
ZONING DISTRICT: Low Density Residential 2 (LDR2)
APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance Code 926)
§5.8 Required Number of Parking Spaces
§ 6.13 Conditional Use Permits
AUTHORITY § 6.13 (17)(7) "The Planning and Zoning Commission may, without
approval of the -Council, grant the following conditional usepermits: ... (7)Permits for developments with four
or less dwelling units... "
I. BACKGROUND
The applicant submitted a request that the City grant a conditional use permit to rent the basement
apartment of an existing single-family home, which land use is classified as a two-family dwelling in
the City's Development Code. The Rexburg Development code allows two-family dwellings within
the LDR2 zone, subject to obtaining a conditional use permit.
Conditional use permits are permitted uses within a zone but are uses that may have special
circumstances which require the City to consider and either approve, deny, or approve with
conditions. Any conditions of approval should seek to minimize or eliminate potential impacts a
proposal or use may have on its surroundings.
II. SITE DESCRIPTION
Case No. 06 00349 Page 1
Located at the intersection of two local streets, Linden Avenue and Oak Avenue, the subject property
is within an existing neighborhood platted and known as the Powell Subdivision The subject
property is a 13,340 square foot lot (0.30 acres). The property has three road access points, or
driveways.
The surrounding neighborhood is predominantly single-family homes. Staff has identified two two-
family dwellings within the Powell Subdivision.
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, Zoning Districts, and Table 2, Land Use
Schedule.
A two-family unit is listed as a conditional use within the LDR2 zoning district, 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 Low -Moderate Residential
Density. The zoning district of LDR2 is in compliance with the comprehensive plan designation,
therefore this criterion is met.
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 structure is an existing single family home and therefore its design and construction is
harmonious with the character of the neighborhood. No proposed expansions or visible
alterations are being proposed. This criterion is therefore 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.
Regarding glare, heat, electrical interference, dust, air pollutants, there are foreseeable impacts to
the neighborhood.
Regarding noise, vibration, odors, these are prospective standards, the commission should
explore these standards and determine if reasonable conditions of approval might address them.
Regarding solid waste generation and storage, excessive traffic generation, or interference with
pedestrian traffic, the Commission should determine if these standards can be addressed through
reasonable conditions of approval.
Solid waste generation and storage- Likely, solid waste will double if the unit operates as
a two -unit dwelling therefore, staff recommends as a conditional of approval, that both units have
their own waste receptacles for trash service. To decrease visual impacts of the receptacles, staff
recommends located them so that neither receptacle is visible form the pubic right-of-way, or
adjacent property.
The City recognizes that trip generation for a single family home is 10 trips per day, that
is leaving one's home and returning, as two trips. A two-family dwelling generates 8 trips per
Case No. 06 00349 Page 2
day, per unit, or 16 trips per day total. The Commission should determine if this constitutes
excessive traffic for the area, which is comprised of local neighborhood streets. The Commission
could limit the number of vehicle on site as a way to ensure that the impacts of a two-family unit
does not detract from the ambiance of the surrounding neighborhood, or interfere with
pedestrians. Furthermore, a two-family dwelling will generate greater pedestrian activity in a area
with sidewalks in front of most properties, therefore staff recommends a condition of approval to
require sidewalks to be installed to City standards along all portions of the property abutting
public right-of-way.
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 sufftciendy 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.
As mentioned in the criterion D, above, a two-family dwelling will generate approximately 16
trips per day, versus 10 trips per day for single family homes. The local streets serving the
property are paved, two-way local streets. The Commission should determine if the increase in
traffic generation exceeds the capacity of the public streets. The Commission should also
determine if locations of driveways and parking areas are adequate and do not obstruct visibility
at traffic access points.
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.
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
L 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
some conditions of approval should the Commission choose to approve with conditions.
Case No. 06 00349 Page 3
Proposed Conditions of Approval
1. Both units shall have their own waste receptacles for trash service.
2. Trash receptacles shall not be visible form the pubic right-of-way, or adjacent property. Trash
receptacles shall be placed inside the garage on days of no trash service for the site.
3. Sidewalks shall be installed to City standards along all portions of the property abutting public right-
of-way.
Case No. 06 00349 Page 4