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Home My WebLink AboutSTAFF REPORT - 11-00048 - Nethercott - CUP to lower parking in PED, increase density, 0% commCommunity Development Department STAFF REPORT 35 North la East Rexburg, ID 83440 SUBJECT: APPLICANT: PROPERTY OWNER: valc@rexburg.org Phone: 208.359.3020 www.rexburg.org Fax: 208.359.3022 Conditional Use Permit, file #11 00048 Steve and Chris Nethercott 245 Summit Drive Smithfield, UT 84335 Steve and Chris Nethercott OF yfXBtJ o CITY OF REXBURG Americai Family Community PURPOSE: Requesting a Conditional Use Permit to allow a lowered number of parking spaces; to allow anincrease in density; and to allow zero percent commercial and one -hundred percent residential - through the use of the Pedestrian Emphasis Zone (PEZ), Ordinance No. 1021. PROPERTY LOCATION: 52 West 2nd South: zoned High Density Residential 1 (HDRI) 60 West 2 n South: zoned High Density Residential 1 (HDRI) 165 South 1B` West: zoned Medium Density Residential 1 (MDRI) 153 South ls` West: zoned Medium Density Residential 1 (MDRI) 33 West 151 South: zoned Medium Density Residential 1 (MDRI) and High Density Residential 1 (HDRI) 29 West ls` South: zoned Medium Density Residential 1 (MDRI) Rexburg, ID PROPERTY ID: RPRRXB10484710, RPRRXB10484730, RPRRXB10484750, RPRRXB10483791, RPRRXB10480100, RPRRXB10480080 COMPREHENSIVE PLAN: Neighborhood Commercial/Mixed Use ZONING DISTRICT: See Property Locations listed above APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance Code 1026) — § 6.12 Conditional Use Permits and the Pedestrian Emphasis Zone (PEZ) (Ordinance 1021) AUTHORITY § 6.12 (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 properties are comprised of six individual lots. Three buildings are being proposed after the demolition of all of the existing structures on these properties. The applicant has applied for a Conditional Use Permit (CUP) to take advantage of the Pedestrian Emphasis Zone (PEZ) for reduced Case No. 1100048 Page 1 parking and higher density. Also, a CUP is required to request 0% commercial. The project will be entirely residential. To keep things from being complicated, I will call the two buildings that share a parking lot on the southwest of the block as Project A and the one building on the north of the block as Project B. II. SITE DESCRIPTION Project A is located at the southwest portion of 2nd South and 1 st West. Project B is located near the center of the block on the south side of 15` South between I't West and Center Street. There are currently structures on each of the six lots. 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, Table 2, Land Use Schedule or as per the Pedestrian Emphasis Zone (PEZ). A CUP is required for three reasons. First, the applicant has requested to take advantage of the PEZ reduction in parking and utilizing the PEZ requires a CUP. Second, the density would only allow 27 units on project A and the density may be increased with a CUP. Third, the Mixed Use 2 zone requires a minimum of 10% mix of uses. With a CUP it can be reduced to 0%. b. Be in accordance with a specific or general objective of the City's Comprehensive Plan and the regulations of the City of Rexburg Development Code. Comprehensive Plan The City's comprehensive plan has designated the subject property as Neighborhood Commercial/ Mixed Use. The applicant has requested a zone change to Mixed Use 2. This request is in accordance with the Comprehensive Plan. Development Code (Ordinance 1026) A project in the Mixed Use 2 Zone requires that a minimum of 10% be either commercial or residential. The applicant is requesting all residential. This requires a CUP. PEZ Ordinance (#1021) This project lies in the PEZ 1 zone and therefore with Commission approval can have parking percentages as little as 10% with one space for the manager. These projects are not contiguous to each other. For this purpose, Staff has reviewed them independently as Project A and Project B. Project A has 40 units with 234 beds. Without the PEZ it would be required to have 236 parking spaces. They are currently showing 56 parking spaces. The result is 24% of the beds have a parking space. 10% is required for visitor parking so the result is that the applicant is asking for a parking reduction to 14%. Project B has 20 units with 114 beds. Without the PEZ it would be required to have 116 parking spaces. They are currently showing 68 parking spaces. The result is about 59% parking. 10% is required for visitor parking so the result is that the applicant is asking for a parking reduction to 49%. Case No. 1100048 Page 2 The PEZ Ordinance 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, larger sidewalks and sidewalk maintenance (snow removal) is required as part of the agreement. The PEZ Ordinance has language concerning pedestrian traffic on site as well as off site. Staff recommends that this issue be addressed as part of the Conditional Use Permit (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 These will be the first 5 story apartment buildings in Rexburg. The Planning and Zoning Commission should determine if the design is such that it will enhance the neighborhood and encourage other similar development. Project A surrounds the two properties located at the corner of 2"d South and lst West. 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. 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 suck 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. The City Engineer had not added his findings at the time that this report was completed. g. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. The Planning and Zoning Commission should review the building size and shadow to determine if there is an "adverse impact" created by the construction of this project.. 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. The parcels are flat. The soils should be adequate.. Case No. 1100048 Page 3 i. Not result in the destruction, loss or damage of a historic feature of significance to tine l community of Rexburg. I Not applicable I11. 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. A site plan reflecting all conditions of approval and incorporating all City standards, e.g. landscaping, parking, snow storage, drainage, etc. shall be submitted and approved by the City prior to the issuance of a building permit. 2. A landscape plan shall be provided and approved by Staff prior to the issuance of a building permit. 3. 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. 4. To encourage alternative travel options, i.e. bicycling, bike racks and hard surface must be provided. Location of racks needs to be shown on revised site plan. This requirement is identified in the PEZ Ordinance. 5. Sidewalk and pathway maintenance to be performed as per the PEZ Ordinance. 6. Parking Contracts to be approved by the City Attorney. 7. Requirements of the PEZ Zone Ordinance to be applied to this project. Case No. 1100048 Page 4