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Home My WebLink AboutSTAFF REPORT SUMMARY - 25-00437 - Gem Prep Rexburg - Approx 301 S 12th W - CUP(208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Planning and Zoning Staff Report CASE NUMBER: 25-00437 CASE NAME: Gem Prep Rexburg - Approx 301 S 12th W - CUP APPLICANT: Gem Prep, Paul Bierlein, Stephen Orosz PROPERTY OWNER(S): Birch Properties LLC PURPOSE: Allow a school in a LDR1 zone PROPERTY LOCATION: Approx 301 S 12th W COMPREHENSIVE PLAN: Intermediate Residential CURRENT ZONING: Low Density Residential 1 (LDR1) CURRENT USE: Field AUTHORITY: §1.03.010 (A) “The Commission shall have the authority to consider and recommend to the Council ordinances, amendments thereto, and repeal of ordinances affecting zoning, planning, and building within the City of Rexburg” Summary of Information to consider with this request: • The CUP applies to approximately 11.8 of the 25.5 acre parcel and is bordered by both 12th W and Highway 20, between Willow Brook Estates and Widdison Subdivision. • The property is currently a field. • The adjacent parcel to the north is zoned as Rural Residential 2 (RR2), the same parcel to the east is zoned as Low Density Residential 2 (LDR2), the parcels to the south and west are zoned Rural Residential 1 (RR1). • A total of 26 hearing notifications were mailed to surrounding property owners. • Pending public testimony, staff asks that the Planning & Zoning Commission consider recommending that City Council approves the application. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Project Description The applicant is requesting that a school for grades K-12 be allowed in a Low Density Residential 1 (LDR1) zone. The request applies to approximately 11.8 of the 25.5 acre parcel which is located at approximately 301 S 12th W. The property is currently a field. Nearby zones include Rural Residential 2 (RR2) to the north, Low Density Residential 2 (LDR2) to the east, and Rural Residential 1 (RR1) to the south and west. (See attached current zoning map) The current zoning of Low Density Residential 1 (LDR1) allows for schools with an approved Conditional Use Permit (CUP). Applicable Laws and Codes State Statutes: §67-6512, §67-8003 City of Rexburg Ordinance 1200 Development Code Considerations for Approval The approving body shall review the particular facts and circumstances of each proposed conditional use and shall find adequate evidence to show that the proposed use will comply with the following: 1. Be Listed as Conditional Use. Constitute a conditional use as established in this Development Code. 2. Comprehensive Plan. Be in accordance with a specific or general objective of the city’s Comprehensive Plan and the regulations of this Ordinance. 3. Harmony with Adjacent. 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. 4. Nuisance. 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. 5. Public Facilities and Services. The use will be adequately served by essential public facilities and services such as street access, police and fire protection, drainage structures, refuse disposal, water and sewer service, and schools. (If existing facilities are (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org not adequate, the developer shall show that such facilities shall be upgraded sufficiently to serve the proposed use.) 6. Traffic . 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. 7. Buffers. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. 8. Slope and Soil. Be compatible with the slope of the site and the capacity of the soils and will not be in an area of natural hazard unless suitably designed to protect lives and property. 9. Historic Features. Not result in the destruction, loss or damage of a historic feature of significance to the community of Rexburg. Supplementary Conditions and Safeguards. In granting a Conditional Use Permit, the approving body may prescribe appropriate conditions and safeguards. Such conditions to be attached to the permit may include but not be limited to: 1. Minimizing adverse impact on other developments. 2. Controlling the sequence and timing of development. 3. Controlling the duration of development. 4. Assuring the development is properly maintained. 5. Designating the exact location and nature of development. 6. Requiring the provision for on-site or off-site public facilities of services. 7. Requiring more restrictive standards than those generally required in this Ordinance. Land use impacts that may need to be mitigated by conditions include the following: 1. An increase in daily or peak hour traffic. 2. A change in circulation patterns on or around the property. 3. A significant increase in the demand for parking. 4. A change in the density of people on site. 5. Expansion of the hours of operation. 6. Any increased environmental impact, such as noise or air pollutions; offensive odors; excessive illumination or glare, etc. Analysis/Potential Impacts/Recommendation 1. Be Listed as Conditional Use. Constitute a conditional use as established in this Development Code. a. Staff have determined that the request meets the City’s Development Code requirements and is listed as an allowed use with an approved Conditional Use Permit (CUP). (See Staff Approval Summary) (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org 2. Comprehensive Plan. Be in accordance with a specific or general objective of the city’s Comprehensive Plan and the regulations of this Ordinance. a. Staff have determined that the request meets the City’s Comprehensive Plan requirements. (See Staff Approval Summary) 3. Harmony with Adjacent. 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. a. Staff have determined that the request meets the requirements. (See Staff Approval Summary) 4. Nuisance. 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. a. None identified. 5. Public Facilities and Services. The use will be adequately served by essential public facilities and services such as street access, 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.) a. The Fire and Public Works departments have approved the request. (See Staff Approval Summary) 6. Traffic . 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. Public Works has approved the request. (See Staff Approval Summary) 7. Buffers. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. a. Staff have determined that the request meets the requirements. (See Staff Approval Summary) 8. Slope and Soil. Be compatible with the slope of the site and the capacity of the soils and will not be in an area of natural hazard unless suitably designed to protect lives and property. a. N/A 9. Historic Features. Not result in the destruction, loss or damage of a historic feature of significance to the community of Rexburg. a. N/A Staff recommends that pending public testimony, the Planning & Zoning Commission recommend to City Council to allow a K-12 School in a Low Density Residential 1 (LDR1) zone. (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Decision Options The Planning & Zoning Commission may recommend Approval of the application, recommend Approval with Conditions, or recommend Denial of the application. Attachments 1. Permit Application Summary (PA SUMMARY) 2. Warranty Deed 3. Plans 4. Vicinity Map 5. Current Zoning Map of Area 6. Current Comprehensive Plan Map of Area 7. Receipt(s) of Payment 8. Staff Review Summary 9. Staff Approval Summary 10. Hearing Publication Mailing 11. Posting Pictures