HomeMy WebLinkAboutSTAFF REPORT - 22-00215 - 250 W Main - CUP for Mobile Vending Court in MUCase No. 21 00215 Page 1
SUBJECT: Conditional Use Permit Application - File #22-00215
APPLICANT: Brad Wolfe
PROPERTY OWNER(S): Wolfe Family Trust & Brad Wolfe
PURPOSE: The request is for a Mobile Vending Court in a
Mixed Use (MU) zone.
PROPERTY LOCATION: 250 W Main
COMPREHENSIVE PLAN: Commercial/Mixed Use
CURRENT ZONING: Mixed Use (MU)
SURROUNDING LAND USES North – Vacant Field and Grandfathered Light Industrial
East - Commercial
West – Single-family Homes
South – Commercial
AND ZONING: North & West – Mixed Use (MU)
East & South – Community Business Center (CBC)
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
Colonial Truck & Auto Plex was located on this
property in 2001. In 2008, the building was remodeled
and an addition was added for Wolfe Lighting. At the
September 19, 2012 - City Council Meeting, a Rezone
for this property and adjacent properties from Low-
Density Residential 2, Community Business Center &
Light Industrial to Mixed Use 2 was considered. Four
conditions were recommended by Planning & Zoning:
1) Surface parking only; no parking structure,
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 00215 Page 2
2) No access on 3rd W,
3) Landscaped area along the frontage of the subject property on 3rd W with a depth of not
less than 50',
4) 36 month sunset clause after which the zoning would revert back if the project does not
move forward.
4 spoke in favor, 1 spoke neutral, and 8 spoke against. 1st motion was to deny the proposal, which
was rejected with a tie vote and the mayor voted no. 2nd motion was to approve the rezone with the
four Planning & Zoning conditions and three additional conditions:
5) Sufficient buffering with landscape for any line of site from a building to a neighboring
backyard,
6) 1: 1 Ration setback,
7) Allow no more than 16 units/acre. Again, a tie vote, but the mayor voted yes to approve the
motion.
Since the project did not move forward as per condition #4, the property reverted to its original
zoning. In 2019, an application was received to rezone the property to Mixed Use (MU) and it
was approved (19-00332).
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 Mobile vending Court is listed in the zone table as requiring a Conditional Use
Permit in the Mixed Use (MU) zone.
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/Mixed Use.
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 commercial businesses and single-
family homes. At this previous location, there was a car sales business, which will
now be replaced by the Mobile Vending Court.
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.
Applicant has submitted a plan to prepare for waste, traffic, and lighting.
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
Case No. 21 00215 Page 3
facilities shall be upgraded sufficiently to serve the proposed use.
Storm drainage will need to be handled on site. Customers and court vendors will be
able to access bathrooms for Wolfe Lighting during open hours and port-a-potties
during closed hours.
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.
A There is existing access for the Wolfe Lighting business on Hwy 33 and the Mobile
Vending Court will use the same access.
h. Be effectively buffered to screen adjoining properties from adverse impacts of noise,
There is an existing fence that may act as a buffer between the Mobile Vending Court
and the single-family homes.
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.
Mobile Vending Court will be placed on paved surface.
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 recommends this Conditional Use Permit to the Planning & Zoning Commission to
recommend to City Council. Staff is not recommending conditions except the site meet
plans as submitted and approved.