HomeMy WebLinkAboutCUP - 07-00054 - Henry's Fork Plaza Church - CUPConditional Use Permit
Henry's Fork Plaza Church
1�
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Planning &
Zoning Commission of the City of Rexburg, Idaho, Thursday, March 15, 2007, at 7:05 p.m., in
the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a
Conditional Use Permit for a church in Henry's Fork Plaza, Suite 204, at 859 South Yellowstone
Hwy, Rexburg, Idaho. The property is currently zoned Community Business Center (CBC).
The city code governing this request is ORDINANCE No. 926
11�DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO"
(ADOPTED FEBRUARY 16th, 2005) and Amended June 21, 2005
The said parcel is located at 859 South Yellowstone Hwy, Rexburg, Idaho, Madison County,
Idaho, and more particularly described as follows:
Suite 204 of Lot 2, Block 1 of the Henry's Fork Plaza Final Plat, City of Rexburg, Madison
County, Idaho, as shown on the plat thereof Recorded February 28, 2005, as Instrument No.
318000
At such hearing the Planning & Zoning Commission will hear all persons and all objections and
recommendations relative to such proposed permit. The City Clerk will also accept written
comments at City Hall prior to 4:00 p.m. on March 14", 2007.
This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and
all amendments thereof.
DATED this 23rd day of February, 2007.
Published: February 27t', 2007
March 10t`, 2007
CITY OF REXBURG
Lo
Blair D. Kay, City Clete --J
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Conditional Us< Pormit
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, !D 83440 www.rexburg.org Fax: 208.359.3022
CITY OF
REXBURG
Ob
America's Family Community
Fee(s) Pai • Yes No CUP: $200.00
Publication: $250.00
Applicant
Name: MAC. PAQ4;nm'-J Address: 910 6NOCk ".
City.,t--A~ FAtLuM. State:
• - .6 E1a X
Owner (Complete if owner not applicant)
Name: 00 C()d� Address: ric Q
City: ReK.IQ0% <X State: _ - Phone: Q D b —0)6!EI r Q t
Property Covered by Permit:
Address: 891 o „ qQU � , e 5yi M "!4 Zone:
rat Description (Lot, Block, Addition, Division Number)
Nature of Request (Briefly explain the proposed use)
C �W efIA
50 "oAI-? MOP-MOCe WQZ-A M p ID cis ev s-30-1100 ac�N van s "7�-� Pry
u*-60A? 60eeylO(Ay wOKS+Etp -rV -P=60 — I= PM
o TV&.9.0c-3s Mef>
Existing use.of--property:.=•- -
1-IO I?-'
�;, this have an impact on schools:
.:isuzZYaz; nl�.iLSN�ni'1�++.5— 3e.Ywid�at��FdMu.tsob:�-�x:•r} r..: �. �� �l l`z'. ' .:±• �� I�'_�..�:i+rfis.1.%�ela,T. . y`-F,'.� .1_ rr r '.-.s..' ��� i.�i"�'y a ar�.�q^tr� .--
�' Requirements for Granting Conditional Use Permit
'he following information will assist the Commission and/or City Council to determine if your proposal will meet
1_1.,�e requirements under the zoning ordinance.
1. What is the estimated water usage per month? Are the existing mauls adequate to provide fire protection?
2. What is the estimated sewer usage per month? Will pretreatment be necessary?
3. What is the estimated daily traffic to be generated? Will the traffic be primarily private vehicles or commercial
trucks? ZO C_tW_4> -SaODA0. MQ3VN1N6 4- ZO kWTQ05VELWANEa
4. If commercial, industrial, or a home occupation, what will be the hours of operation?
5. Will storm water drainage be retained on site? Is an existing storm drain available? Is it at capacity? If so, will
new facilities be constructed?
G. If proposed use is residential, describe number and type of dwellin units. W�1 this be student housing. multi-
'Afamil for young families, sin es and couples, or elderly? ,�
Y y g � P
7. What provision has been made for fire protection? Where is the nearest fire hydrant? Is any point of the
building further than 150 feet from access sufficient in width for fire fighting equipment?
Z0P VP�
8. How much parking is being provided on -site? Do the aisle widths and access points comply with the ordinance
requirements? Has landscaping been provided in accordance mith the ordinance? _
9. Where will solid waste
v
be stored? Is access adequate for the City collection?
10. What is the type of noise that will be generated by the use? What are the hours of noise generation?
W FSZC." % fl iM %544 z e_ a" �? tv �! _ �'hF3izN 1N�s �� 1 AM.
P1F.#iL':.`ftt�...+r�•iF'.:ti::.::*:,j'�`.n}-. _ WON
' Fs..'- - rtt:�.�:�irtsa+-.ii�i:--=-.._:,• ais`�x'is 1'_"'.`.
11. What type of equipment will be used in the conduct of the business?
0—tkL�z�0 F-00 k -
12. What are the surrounding land s s ? Has buffering been
as r� Muire 0y to
13. Are any air quality permits required? Is dirt or other dust creating materials moved by open trucks or box cars?
14. Will the parking lots or other outdoor areas have lighting? No 9-W"�O t4
15. Are passenger loading zones for such uses as daycare centers and schools provided? How is busing routed? For
commercial uses, where are a loading docks? Is there sufficient space for truck parking?
NO"e, '�
16. If a commercial, multi -family, or public assembly use, where is the nearest collector street? Arterial street?
17. What, if any, signage is anticipated in connection with the proposed usage? . 51(e► 5 a 0 &
_✓ .9.. __ _ ..- a A O.l . o :-. w t1 / `1 4.-- Ar%M LI i>i A % :d "t e-- :� \
The Commission or Council may address other points than those discussed above, but a narrative addressing at
least those applicable points will assist in processing your application. A PLOT PLAN MUST BE ATTACHED IN
ORDER TO PROCESS THIS APPLICATION. Included on the plot plan setbacks, parking, etc.
Formal notice will be sent to applicant after approval of a Conditional Use Permit. Notice will state the conditions
of the permit. If conditions are violated or not met there will be 90 day period to cure the problem. Failure to
comply with the to ms may result in revocation of the Conditional Use Permit.
Signature of Applicant Date
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AMERICAS FAMILY COMMUNITY
Rexburg, Idaho 8
w .rexburg.org
Affidavit of Legal Interest
Fax: 208-359-3024
comdev(rDrexburg. org
State of Idaho
County of Madison
I'y\Lei 4t/�r: K 39S? z1-' 3 `c> Ai
Name Address
�G c4 IA 8T`CY�
City State
Being first duly sworn upon oath, depose and say:
(If Applicant is also Owner of Record, sldp to B)
A. That I am the record owner of the property described on the attached, and I grant my
permission to: ' AAK PAVL5ZM 910 awIu" M. 43g0z
Name Address
to submit the accompanying application pertaining to that property.
B. I agree to indemnify, defend and hold Rexburg City and its employees harmless from any
claim or liability resulting from any dispute as to the statements contained herin or as to
the ownership of the property which is the subject of the application.
Dated this g day of 3)CA 20 0-7
r
i
Subscribed and sworn to before me the day and year first above written.
LYNDA. MERRILL
NOTARY PUBLIC
STATE OF IDAHO
My commission expires: �/—/-(04'
ALLIAN PO.IBOXT 73CROW
REXBURG, ID 83440
QUITCLAIMDEED
— ORDER NO.:--- —
FOR VALUE RECEIVED,
R and S Peterson Commercial Properties, LLC, an Idaho Limited Liability
Company
Do(es) hereby convey, release, remise and forever quit claim unto
Futures of Idaho, Inc, an Idaho Corporation
whose current address is::
Instrument # 332333
430 West Hwy 26, Blackfoot, ID 83221 RUSURG, MAIMSUN, I0"0
]a9Fi1-01 99:11M No. e1 Pap : ]
Raearied ior. ALLIANCE TLE A U P GW
the following described premises: MARILYN R. RASMUSSE Fee: 9.00
Fx4tMcb Recorder
THIS DOCUMENT IS BEING RECORDED TO RELEASE THE HEREIN
DESCRIBED PROPERTY FROM A CONTRACT OF SALE OF REAL
PROPERTY RECORDED ON JUNE 8, 2006INSTRUMENT #328656
See Attached Exhibit" A"
Tits k'no, Mt aid
a9 an cccufftn" If" galµ
It hu not bm •R•R*W
ao to It'e toscu m ImIm ily
or effect oe tNk'
TO HAVE AND TO HOLD the said premises, unto the said grantees, heirs and assigns
forever.
State of Idaho I
Iss.
County of Madison - / / I
On this /S f day of �\GOV ern b4 r 2006, before me, a Notary Public in and for said state,
personally appeared Ray G. Peterson known or identified to me to be the Managing Member in the
Limited Liability Company known as R & S Peterson Commercial Properties, LLC who executed the
foregoing instrument, and acknowledged to me that he executed the same in said LLC name.
i
W WITNESS Wf{E OF, I have hereunto set my nd and a15z my official seal the day and year in
this certificate ,�(Y{'� rove written.
x• tv tq�,Y.. /'T PPoJa Public Cor the State of Idaho
o PL;� o esrding at:
�ttltt� I ar /C x
s Notary Public for the State of Idaho
Residing in Fremont County
It �� Commission Expires0&21-2011
Tract No. 1
Lots 1,2,7,8,9,10,11,12, and the west 17'feet of Lot 13, Block 1, Henry's Fork Plaza
Final Plat, City of Rexburg, Madison County, Idaho, as shown on the plat thereof
Recorded February 28, 2005, as Instrument No. 318000
Tract No. 2
Lot 5, Block I of Ilenry's Fork Plaza, Section 36, Towuship 6 North, Runge 39 East, Boise
\fcrldinit, hfgtlisan Cdunty, Idaho.
Exuepiinij (lterefroun Begiuningat the Nurthcasl corner of Lets Block 1 and ronningthence
Snitih 00622 3 i - 67us1223.94 feet lu file"
he Northeast corner of Lath Black 1; thence South 89035'47"
}Tesl 68.91 feet §logq North of said Lot; thence Not th 69056'47 )}rest 5.25 feet; thence North
hll°23'dif, W cst 2I i.50 feet to the `iotllt lat line o li.045, Block 1; thaftee North 89°44' 19" East
73A7 feet elpng 3g14 lot line to the point of baginuing.
Also: Lot 6, Block I of Henry's Fork Plaza, Section 36, Township 6 North, Range 39 East, Boise
hlerldhin, 0ladlson County, Idaho.
Excepting, tltefefrllpt: Beginning from file Southeast corner of Lot 6, Block I and running thence
South 89 47 40" }Vest 73.42 feet along South line of said lol; thence North 08 23'68" 1Pest 99.36
feet to the South line of Lot 5, Block 1; thence South, 59'56147" East 5.75 feet, thence \urlII
8935'9T East 6'a.91 feet to the Southeast corner of said lot; thence South 08°22134" East 96.9S feet
to the puliti of beteln6ing,
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359 S. Yellowstone, Suite 205
Rexburg, ID 83440
�.J
2/'14/07
Rick Hancock
Cell 208.403.6801
Fax 208.359.8192
To Whom It May Concern:
In regards to Calvary Chapel use of the parking at Henry's Fork Plaza, Calvary Chapel will
only need to have use of the parking lot Wednesday's after 6pm mid Sunday's. There are 95
parking stalls for their use during these tines, since all businesses are closed by 6pm on weekdays,
and closed on Sunday's. During any other times, Calvary Chapel will have 10 parking stalls for
their use.
We for see no problems or issues with Calvary Chapel's use of the parking lot during these
times, with our business or any of the other tenants.
Sincerely,
TOTAL P.02
Mew
t
Repttu Lp-r
0 hoo-SA-mv
4,000
.. ...••• 10,000. 10,000 so
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F? F. saj F.F. 58 U. 58-00 F.F. 38.00
58.00 F.F. MOO
FM3NRErSFORK PLAZA.
Schless & Associates
ENCINEER040- PLANNING -LAND SURVEYING
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EM'NREYS FORK PLAZA
Schless & Associates
MIMERNG-MMMNO-WO SURVMN(;
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Planning and Zoning Department
STAFF REPORT
12 North Center garyl@rexburg.org Phone: 208.359.3020 x314
Rexburg, ID 83440 www.rexburg.org Fax: 208.350.3024
SUBJECT: Conditional Use Permit, file # 07 00054
APPLICANT: Mark Paulsen
910 Bannock Avenue
Idaho Falls, ID 83401
PROPERTY OWNER: Rick Hancock
859 S Yellowstone Hwy, Ste. 205
Rexburg, ID 83440
PURPOSE: Request to operate a church on this. site.
PROPERTY LOCATION: 859 S Yellowstone Hwy, Ste. 204
Rexburg, ID 83440
'ft"OPERTY ID: RPRHNRF0010020
VAGr'
0
CITY OF
REY%.BURG
Americas Family Community
COMPREHENSIVE PLAN: Commercial
ZONING DISTRICT: Community Business Center (CBC)
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 (F) (7) "The Planning and Zoning Commission may, without
approval of the Council, grant the following conditional use permits:... churches, synagogues, and temples... "
I. BACKGROUND
The applicant requests'that the City grant a conditional use permit to operate a church in an existing
structure located within the Henry's Fork Plaza, a business park. The Rexburg Development Code
does allow churches in the CBC zone, subject to obtaining a conditional use permit.
Land uses that require conditional use permits are allowable uses within a zone but may have special
characteristics that could potentially impact its surroundings neighborhood. Therefore, the City, upon
receipt of a CUP request, should consider any possible impacts the land use may` have on its
surroundings and the community in general and approve the CUP, approve it with conditions, or
Case No. 07 00054 Page 1
deny the request. Conditions of approval, if any, are imposed, should be reasonable and should seek
to minimize or eliminate potential impacts on the surrounding neighborhood and the community.
H. SITE DESCRIPTION
The subject property is approximately 479,747 square feet �11-acres), and is located on
S Yellowstone Highway between University Blvd and W 7 South. Access to the site is from
S Yellowstone Highway, which has approximately 84 feet of right-of-way, and approximately 65-
feet of pavement. The Highway has two lanes of traffic going both directions and includes a center
refuge lane at the site.
The surrounding area includes a car dealership to the north, vacant land to the east, and the business
park to the south and west.
III. ANALYSIS
The following are the criteria used for reviewing requests for conditional use permits. Some of the
criteria are followed by staffs analysis. A conditional use will:
a. Constitute a conditional use as established in Table 1, Zoning Districts, and Table 2, Land Use
Schedule.
A church is listed as a conditional use within the CBC 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 Commercial. The zoni"
district of CBC is in compliance with the comprehensive plan designation, therefore this crite�
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 building in which the proposed use is existing and appears similar to other buildings within
the business park, therefore this criterion is met
d Not create a nuisance or safety hazard for neighboring properties interim 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 there are
no foreseeable impacts to the neighboring properties. These are generally prospective standards;
the commission should therefore explore these standards and determine if reasonable conditions
need to address them.
Regarding solid waste generation and storage, excessive traffic generation, or interference with
pedestrian traffic, there are no foreseeable impacts.
The proposed use will generate traffic, but this traffic should be minimal when compared to
existing road capacities in the area and the size of the existing parking lot and maneuvering ar,
within Henry's Fork Plaza. The applicant estimates 20 vehicles on Sunday mornings and 20
Tuesday evenings. The traffic generated by the proposed use will be generated on a day and at
Case No. 07 00054 Page 2
times when the remainder of the business park will not be in use. Sunday is the proposed day that
church services will occur with Tuesday evenings and possibly other evenings being used as
well. The remainder of the uses within the business park with the exception of a restaurant will
not be in operation during the proposed church hours. The restaurant is on the opposite side of
the business park and has a separate access (ingress and egress) point to Yellowstone Highway.
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 sufficiently 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.
The adjacent road, S Yellowstone Highway, at its present capacity is adequate to support the
proposed use. The site has two access points to S Yellowstone with a center refuge lane, as well
as a north bound deceleration lane for right turns into the site.
Based on the above findings, this criterion is met.
g. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building
size and resulting shadow, traffic, and parking.
There are no foreseeable impacts with regards to noise, building shadow, or traffic.
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.
The site is generally level and there are not identified hazards in the area, or on the property.
L Not result in the destruction, loss or damage of a historicfeature of significance to the
community of Rexburg.
Not applicable
IV. STAFF RECOMAMNDATION
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. 07 00054 Page 3
Proposed Conditions of Approval
1. The proposed use shall not, in the future, increase the demand for on -site parking beyond that which
is allowed and agreed upon by the owners of the Henry's Fork Plaza at that time.
2. Trash receptacles shall not be visible form the pubic right-of-way, or adjacent property.
3. Commercial lighting standards per the City's development code shall be adhered to.
4. Any proposed signage shall comply with all City sign standards and will require a separate permit.
Case No. 07 00054 Page 4