HomeMy WebLinkAboutFINDINGS OF FACT - Josh Stephens - 390 S 5th W - CUP for a used car lotFINDINGS OF FACT
FOR
CONDITIONAL USE PERMIT
1. On May 22n", 2002, Stephen's Used Cars LLC, presented to the Rexburg City Clerk a
Request and Application for a Conditional Use Permit for a used car lot on property
located at 390 South 5d West in the City of Rexburg.
2. On May 22nd, 2002, the City Clerk sent the Notice of Public Hearing before the Planning
and Zoning Commission for publication in the local newspaper to be published on May
24d' and May 31", 2002. A notice was posted on the property and sent to all property
owners within 300 feet of the above mentioned property.
3. On June 12`", 2002, Brent Stephens appeared before the Planning & Zoning Commission
for the City of Rexburg requesting a Conditional Use Permit for a used car lot on property
located at 390 South 5' West. There was no public comment and after deliberation the
Commission voted to grant this Conditional Use Permit with the following conditions:
1. No access to the future road to the South that will be developed
2. The existing railroad crossing (farm access road) will not be used except for
emergency services
3. The applicant will revisit this Commission in one year from the time of approval
to address black topping as the business grows
4. The site triangle for visibility on the South corner for the new intersection will
not be violated.
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Stephen Zollinger, City Atto ney
REXBURG PLANNING & ZONING
June 12, 2002
7:00 p.m.
Chairman:
Winston Dyer
Members:
Robert Schwartz - Excused
Ted Whyte
DaVawn Beattie - Conducting for Winston
Glenn Walker
Mike Ricks
Steve McGary
Doug Smith
P.F.C.
John Millar
P & Z Admin
Kurt Hibbert
City Attorney
Stephen Zollinger
City Clerk
Blair D. Kay
DaVawn welcomed the community members to the meeting.
Approval of the Minutes:
Ted made a motion to approve the minutes of May 22, 2002. Glenn seconded the motion.
All voted aye, None opposed. The motion carried.
Noncontroversial Items:
New Business:
7:10 Public Hearing for Annexation & Zone Change from RR to MDR
Nelda Jeppesen/Cal Hulse -1042 & 1038 South and i000 West
Judy Hobbs - Representing the Jeppesens indicated that they are requesting MDR zoning as
recommended by City Council.
DaVawn - Opened the meeting to Public Comment.
Public Comment in favor:
Sharron Jeppesen - Apologized for the feelings that have been caused by this proposal.
The sale of this property represents a life's work for the Jeppesens. Sharron requested that
the property be developed by the free market process. She indicated that BYU-I is in need
of additional housing for the students.
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Public Comment:
Sheila Barney - Barney Dairy Road - Requested the location of the access for the new development.
The Legal Council, Stephen Zollinger did not have enough information at this time to
respond to the question. Mrs. Barney has concerns about safety issues with the additional
traffic.
Glenn commented that the School District has ignored certain safety concerns from the Walker
family. Members of the Commission were in agreement with Mrs. Barney on the road's
safety issues.
Ted made a motion to recommend this parcel, the Walker parcel, go to City Council with a yes vote
from P&Z for re -zoning from AGi to for MDR. Mike seconded the motion, all voted Aye.
None opposed. The motion carried. Winston and Glenn abstained from the vote.
Winston arrived and took charge of the meeting.
9:30 Public Hearing for a Conditional Use Permit for a Used Car Lot
Josh Stephens - S90 S. 5a' W. (o5oo Mechanics)
Stephen provided a staff report for this proposal. Staff has no concerns with this proposal.
Brent Stevens - 402 N 200o E, Madison County - Provided information to the Commission on the
proposal. Cars by Ordinance must be sold off asphalt.
Public Comment:
No public Comment .
Public Comment was closed
Deliberation by the Commission on the current approved site plans South of the property in
question. Lighting and new development in the area was discussed. Clarification was
requested on having black top for the sale of cars. Stephen could not find any requirement
for asphalt to sell cars.
Winston questioned who has access to a farm road at the site which crosses the rail road tracks.
The Commission is concerned with the access to the site on the farm road.
Ted made a motion to grant a conditional use permit for this lot to sell used cars without access to
the future road to the South that will be developed or that the existing rail road crossing (farm
access road) will not be used except for emergency services, that the applicant will revisit this Board
in one year from the time of approval to address black topping as the Business grows, that the site
triangle for visibility on the South corner for the new intersection will not be violated.
DaVawn seconded the motion. All voted aye, none opposed. The motion carried.
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