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HomeMy WebLinkAboutRFD - 21-00803 - U-Haul of Rexburg - 328 N 2nd E - CUP for Household Warehousing & Storage 1 | Page #21 00803 Conditional Use Permit for Household Good Warehousing & Storage 328 N 2nd E 1. October 12, 2021, An application was received for a Conditional Use Permit Household Good Warehousing & Storage in Community Business Center (CBC) from Stephany Sheekey. Fees were paid. 2. October 14, 2021, Proof of Ownership and Affidavit of Legal Interest was received. 3. October 25, 2021, Staff Reviews were completed and a Staff Review Report was sent to Stephany Sheekey. Reviews were approved with conditions: • The development will need to visit with Idaho Transportation on access to 2nd East (HWY33). • All storm drainage requirements will have to be handled on site. • A Traffic Impact Study may be needed. 4. October 26, 2021, Notice was sent to the newspaper to be published on November 2nd and November 9th. 5. October 27, 2021, Notice was emailed to all property owners within 350’ of the parcel. 6. October 12, 2021, Notice was posted on the property at 328 N 2nd E in three locations. 7. November 18, 2021, Alan Parkinson presented the application to the Planning & Zoning Commission. 6:45PM (21-00803) 328 N 2nd E – Conditional Use Permit (CUP) for Household Good Warehousing & Storage, Truck Rental, and related retail sales. The parcel is in a Community Business Center (CBC) zone and requires a Conditional Use Permit for Household Good Warehousing & Storage. Truck Rentals are permitted but have a series of conditions. Automobile Accessories are permitted, as well as Variety Stores. (action) – Casey Jones Staff Report: Alan Parkinson – City of Rexburg – Dairy Queen was identified and Jessica Mortensen’s former location for her mobile-vending trailer. The Applicant wants to put storage on this property as part of their project and in the Community Business Center (CBC) zone, a Conditional Use Permit is required. Staff has looked at this request and we feel the application meets the requirements. The storage will have to be buffered, so it is protected from the street. A store front will be on N 2nd E. The services, water, and sewer are available. A water line goes through this property and they will have to work around it. The Applicant is working on a Site/Infrastructure Plan. 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Reason for Decision City of Rexburg 2 | Page Staff would recommend approval with the following conditions: 1. All storm drainage to be handled on-site. 2. Work with Staff on an approved Site Plan. 3. A Traffic Impact Study may be needed. 4. Meet with the Idaho Transportation Department for access to 2nd East (Hwy 33). 5. Storage of vehicles on-site cannot exceed the parking allocated for the leasable floor space for the business. 6. No on-site servicing of the vehicle fleet including mechanical and wash facilities. Commissioner Questions: Aaron asked if the main egress will be off of N 2nd E. Alan said one access will be on N 2nd E, one on N 3rd E, and potentially, in the future, E 4th N. Aaron asked where will the storage be staged? Alan answered the storage is staged on the east side of the property. A final site plan has not been submitted to Staff due to changes they are making. We try not to talk about the plan. There will be a corporate U-haul store, controlled environment storage, and regular storage. David confirmed the applicant is aware of the conditions. Greg asked if the storage space would be considered for parking. Alan said the storefront and the places addressing customers will be considered for parking. Typically, the building uses per 1,000 square feet for customers will determine the number of parking spaces. Chairperson Smith said this a lot like a car lot. Applicant Presentation – Casey Jones – 11701 W Cross Slope Way, Nampa – He wants to verify this is not a typical, storage facility. Typically, you see a concrete slab with rows of storage units. There will be a row or two of these outdoor storage units. The primary product will be a multi-story, indoor climate-controlled building with a beautiful finish. Loading and unloading will occur inside the building. The inside storage will protect the customers’ belongings from the elements. On the subject of parking, as a truck comes in, an inspection will be conducted and shunted in preparation for it to go back out. Staff and he will have a discussion about this process in conjunction with the parking. This will be a beautiful product. Casey is extremely excited to come in to the community. There are some amazing neighborhood dealerships and this business will help support them with inventory. This business will help the students move in and out several times a year. At least half the students come in have to go to Victor or Idaho Falls to get an available truck or trailer. This request will help sustain the demand of the city. Commissioner Questions: None Chairperson Smith opened the public input portion of the hearing at 7:51PM. Favor: None Neutral: None Opposed: DJ Barney – 440 W 1st N, Rexburg – He was referred to as one of those an amazing, neighborhood dealers by Casey. He has storage units and some U-Haul. He knows they have been trying to put a U-Haul business in the town for some time. DJ is not trying to take away any property owner’s rights. He prefers U-Haul not come to town; there are a lot of dealers in town that take care of the local need. They provide better service than any corporate store can. Casey’s comment about bringing more inventory to Rexburg. DJ does 3 | Page not understand how this could be. Casey, sometimes has DJ drive to all kinds of distant locations like Wyoming to bring in the trucks. There will not be more trucks unless they are building them. The vehicles come out on N 2nd E are not the same as those coming out of Dairy Queen. There are no trucks like these in this area. Ten (10’) feet, twenty (20’) feet, and twenty-six (26’) feet trucks, possibly pulling trailers, will pulling out onto N 2nd E. Lots of people, who rent these vehicles, have not driven anything larger than a Toyota Camry. Their first experience will be to pull out onto N 2nd E. There is not a business on N 2nd E that will put more truck and trailer traffic out onto N 2nd E without a stoplight. DJ hopes the city looks at the types of vehicles during the Traffic Impact Study and not just the number of vehicles. He does not see the potential increase in economic development in bringing jobs to town, but more than likely, it will take away from local businesses. There are some dealers in town that do a large amount of U-Haul business that will be reduced due to the corporate U- Haul facility coming to town. Years ago, back in the late 90s, the City put a cease and desist order on his U-Haul business on 1st North, because the neighbor had taken a picture of them hooking up a trailer across the street where Homestead is now located. Their employees were supposed to bring the trailers across the street for hook-up, which cost him a U-Haul dealership at that time. He was told this is not a good fit for this area. Before buying all the property out on Airport Rd. He came into the Commissioners for a U-Haul business on Hwy 33. The Commissioners told DJ it was not a good fit for that location either and he would probably agree. Now, out on Airport Rd., he has all the room he needs. He hopes a restriction is put on the property for the number of trucks that will come in at different times of the year. There have been times he has had 150 pieces of U-Haul equipment on his property at one time. But if it comes in, they will squeeze it somewhere. If you drive to see a corporate store, you will see that the corporate store puts those pieces of equipment in every nook and cranny they possibly can. If you do not want 2nd E to look like this, you need to put conditions as to how much equipment can be located on the premise. A trick sometimes used is the building of temporary structures to accommodate units as needed after the Conditional Use Permit is issued. Temporary structures are often not regulated. He has seen this has happened in Ammon and Idaho Falls. He would love the Commission to table this request. This is the largest storage facility that has come to Rexburg at one time. He suggests the Commissioners Google U-Haul and Planning & Zoning problems. He is not against U-Haul coming, but it is not bringing anything to Rexburg. There are several storage-unit projects in and around Rexburg currently in the works. Downtown is not the best location for this building. He suggests tabling the application. John asked if the main route would be coming and going on N 2nd E. DJ says he hasn’t seen the site plan. This use is proposed on the old John Deere property. This same issue is on the Northgate mile with access. He anticipates a large amount of signage and banners. Written Correspondence: None Rebuttal: Casey Jones – He does not hold any ill feelings toward DJ. DJ has some legitimate concerns. The business does not want to cause any accidents on N 2nd E. The 4 | Page financial and inventory trade secrets will not be eluded to. He has the opportunity to see a different point-of-view. Two stores was put in Idaho Falls and Ammon and it actually improved the dealerships in the area to fill the needs of the community. Casey would like to sit down with DJ on a one-on-one basis, because he wants to support DJ’s business. He doesn’t want DJ driving to Wyoming to get a truck anymore. There are some options. We can make sure when a truck is dispatched, it does not go directly out on to N 2nd E. He thought he sent in a Site Plan. The equipment will be located closer to N 3rd E. Casey will accept the conditions of the Conditional Use Permit. There are a lot of options for inventory control. We do not have to put signs up everywhere. If the City says no signs, they do not put up signs. He will comply with the city laws, be a good neighbor, and try to support the community. The climate-controlled, indoor storage is a product not currently available in Rexburg. U-Haul just received a beautification award at a store they have in Pocatello. Chairperson Smith closed the public input portion of the hearing at 8:10PM. Commissioner Discussion: John said the busiest street in this town is N 2nd E. Cars were backed up to the temple all the way past the railroad tracks. There has got to be a better location. A lot of land is open around this town. He cannot see the purpose of putting the business right in the middle of town. John is against the proposal. Aaron asked Casey if maintenance is prohibited on the site, where would maintenance be conducted. There is a shop in town for maintenance. Casey answered U-Haul has a maintenance shop in Idaho Falls. There are also outside garage vendors in Rexburg for maintenance and repair. Aaron confirmed the business would be supporting local repair shops. Casey said it is more profitable to use repair facilities within the community. Aaron said, in general, are you going to inventory the site by pulling from your local dealers or will you have new inventory you will designate to the site. Casey said there will be a mixture; there will be inventory that we dedicate and some that is exchanged. Once the store is put in like this, there is more equipment than you realize that comes into town. As a consumer, when you see a nice store like this, you are more likely to drop off the vehicle at a location like this when you are done. There is a huge demand; times have occurred when fifty (50) trucks have been brought in to help the town out. The extra inventory on-site will help with that. He does not believe DJ and himself will compete with each other. The goal is to de-centralize. Casey anticipates the number of trucks leaving the property on a given day is probably three (3) or four (4). He is wondering if having the trucks come off onto E 4th N to access N 2nd E. These are things he would like to discuss. U-Haul is a multi-dimensional business. This business will bring jobs into the community. Aaron asked is this the only climate-controlled storage facility in Madison County. Casey said other facilities of this type may be limited to a single-level by the required fire suppression system. Aaron asked what the typical, annual, property-tax bill would be. Casey does not have this information right now, but he could get it. Aaron asked, would you be able to operate the business if the egress or dispatch would be limited to N 3rd E. Casey said it would be workable. Todd asked if all the inventory available would be the larger trucks. Casey said the site has been planned for these larger trucks as well. The Site Plan has been arranged with an open plan. Parking will also have some restrictions. Model-based controls may also be utilized. The larger trucks could be limited and monitored digitally. David asked Alan about the impact. Should the Traffic Study be conducted prior to a Conditional Use Permit? Alan said the development would have to be submitted to prompt the Traffic Impact Study. David’s concern was the travel through residential neighborhoods with trucks. Alan said our traffic is going to begin to grow and 5 | Page some days it is bad. Alan confirmed with Casey about the percentage of storage units around about eight to ninety (80%-90%) percent of the lot, with truck rental as a small portion. Alan suggested the Commission consider Deseret Industries and Basic American truck traffic on N 2nd E. Keith, the Public Works Director, is monitoring the situation carefully. John is thinking more about increased traffic verses whether a stoplight can be used. To deny someone business on the basis we might meet failure could be registered as a taking. Attorney Rammell confirmed this is the case. Aaron asked if a Site Plan could be attached to the Conditional Use Permit (CUP). He said if we need a corporate business to invest in this kind of facility, it is brilliant. A lot of these conditions could be addressed with an attached Site Plan. This sounds more like a storage facility with some truck rental verses a truck rental facility with a small portion of storage. If the truck rental is a small portion, he is more in favor. Alan said what was shown to Staff was more of a focus on storage units, rather than a large portion of truck and trailer rental. Casey said the truck and trailer rental is really an accessory to the warehousing and storage. Chairperson Smith said this is a 7-acre piece and a lot of different uses could be put there that could cause more traffic than this request. Alan said the truck rental could happen on the property as a permitted use in the zone. The Conditional Use Permit is only for the household storage. John said that is a problem allowed in our Development Code. Greg said this is a Conditional Use Permit, and we are at a disadvantage, because we do not have a Site Plan to know what conditions are needed. Attorney Rammell said City Staff has digression over the conditions. “1.04.030.D. The Planning and Zoning Commission may, without approval of the Council, grant the following Conditional Use Permits (C.U.P.): Household goods warehousing and storage.” David confirmed the Commission is the deciding body for this Conditional Use Permit. Attorney Rammell said with Conditional Use Permits, there is wide discretion in the courts. The Commission is correct in thinking a lot of the conditions are site specific. Not only can the Commission add conditions but the Commission can give leeway to Staff to look at for example, traffic impact. At another Commission meeting, there was discussion about going back at a later time and alter conditions based on findings to a Conditional Use Permit. The courts have not had recent examples concerning this situation. The Commission can say something like we reserve the right to come back in the future and place additional conditions as needed. We do not like to do that sometimes, because the landowner is put in a conspicuous spot with a situation like moving the goalpost. Instead of putting a specific number on trucks today, you could put a more generalized statement and include a condition for Staff to look at traffic conditions. The Commission may use general language today to allow City Staff to look at the submittal in the future and make the necessary changes. Alan said this is Idaho Transportation Department’s road, and they will look at the ingress/egress also. The Site Plan presented to Staff showed additional accesses on N 3rd E and E 4th N. Staff will monitor the development. John asked if he wanted to buy the property and put two hundred (200) rental storage units, could he do it. The Commissioners answered an approved Conditional Use Permit would be needed. Alan said we must let people develop their land as they need to. He listed several locations in the city for current, storage units. Todd said we are forgetting there will be a store front on N 2nd E as well. David feels this is a product we need in Rexburg. He confirmed the Traffic Study would provide a situation to consider the impact of traffic on N 3rd E. Greg asked if not following ingress/egress rules, if broken, would be ticketed. Attorney Rammell answered the ingress/egress would be controlled by the State. He said you could add a condition to have Staff consider the safest 6 | Page way for traffic. Aaron is leaning toward a motion to support this but to add a condition to work with the Staff work with the applicant to emphasize the egress more to N 3rd E and E 4th N. Chairperson Smith said or work with Staff on determining the safest ingress/egress. Conflict of Interest? – Chairperson Smith asked the Commissioners if they have a conflict of interest or if they have been approached by any parties relative to this particular subject. If you believe your prior contact with respect to this subject has created a bias, you should recuse yourself, otherwise at this time please indicate the nature of your conversation or contact. None. MOTION: Motion to approve the Conditional Use Permit for Household Good Warehousing and Storage with the listed Staff conditions and add a condition that Staff work with Traffic Engineers to direct traffic in the safest route possible emphasizing N 3rd E and E 4th N, due to the intensity of use and because this is a good product for Rexburg., Action: Approve, Moved by Aaron Richards, Seconded by Sally Smith (Chairperson). Staff conditions: 1. All storm drainage to be handled on-site. 2. Work with Staff on an approved Site Plan. 3. A Traffic Impact Study may be needed. 4. Meet with the Idaho Transportation Department for access to 2nd East (Hwy 33). 5. Storage of vehicles on-site cannot exceed the parking allocated for the leasable floor space for the business. 6. No on-site servicing of the vehicle fleet including mechanical and wash facilities. Commissioner Discussion on the Motion: None VOTE: Motion passed (summary: Yes = 5, No = 1, Abstain = 0). Yes: Aaron Richards, David Pulsipher, Greg Blacker, Sally Smith (Chairperson), Todd Marx. No: John Bowen.