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HomeMy WebLinkAboutSTAFF REPORT - 21-00146 - Simply SodaVine - 1050 N 2nd E - CUP for Seasonal Food Sale Stand in LICase No. 21 00146 Page 1 SUBJECT: Conditional Use Permit Application - File #21-00146 APPLICANT: Eric & Robyn Eastin PROPERTY OWNER(S): ME & 3C LLC PURPOSE: The request is for a seasonal food sale stand in Light Industrial. PROPERTY LOCATION: 1050 N 2nd E COMPREHENSIVE PLAN: Commercial CURRENT ZONING: Light Industrial (LI) SURROUNDING LAND USES North, East, West, South – Commercial East – Some Farming AND ZONING: North – Community Business Center (CBC) East – Light Industrial (LI) South – Community Business Center & Light Industrial West – Community Business Center & Transitional Agriculture APPLICABLE CRITERIA: Idaho State Code § 67-6512 Conditional Use Permits AUTHORITY: § 1.03.080. (D) “The Commission may recommend that the amendment be granted as requested, that it be modified, or that it be denied” I. BACKGROUND Porters Office Products occupies the permanent structure on this lot. In addition, part of the Elite Storage units overlap the property line onto this parcel. Household warehousing and storage is a permitted use in Light Industrial, but requires a Conditional Use Permit in Community Business Center. A seasonal food stand is a permitted use in Community Business Center, but in Light Industrial, this use would require a Conditional Use Permit. Community Development Department STAFF REPORT 35 North 1st East Rexburg, ID 83440 Alan.parkinson@rexburg.org www.planning.org Phone: 208.359.3020 Fax: 208.359.3022 Case No. 21 00146 Page 2 II. ANALYSIS The following are the criteria for granting a conditional use permit. Some of the criteria are followed by staffs’ analysis. A conditional use will: a. Constitute a conditional use as established in the zone table. A seasonal food stand is not a permitted use listed in the zone table for Light Industrial, therefore, an approved CUP is required. 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. The Comprehensive Plan Map identifies the area as Commercial. c. Development Code (Ordinance 1200) The applicant has been working with Staff on a Site Plan that meets the requirements of the Development Code. d. 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 closest neighbors to this proposed request are storage units and commercial businesses. This change will serve the businesses in this area. e. 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. Maneuvering for parking will need to be resolved. f. 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. Storm drainage will need to be handled on site. g. 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 recommends a condition be placed on the business that if the business backs traffic on to 2nd E, the Conditional Use Permit be revoked and the business will not be allowed to continue operations on this property. h. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. Parking needs are minimal; working Staff will require parking. Business proposes drive-through. i. 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. Case No. 21 00146 Page 3 NIA j. Not result in the destruction, loss or damage of a historic feature of significance to the community of Rexburg. NIA II. STAFF RECOMMENDATION Staff would recommend approval with the following conditions: 1. All storm drainage to be handled on-site. 2. If the business backs traffic on to 2nd E, the Conditional Use Permit be revoked and the business will not be allowed to continue operations on this property.