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HomeMy WebLinkAboutRFD - 22-00215 - 250 W Main - CUP for Mobile Vending Court in MU 1 | Page #22 00215 Conditional Use Permit for Mobile Vending Court in Mixed Use zone 250 W Main 1. April 1, 2022, An application was received for a Conditional Use Permit for a Mobile Vending Court in a Mixed Use (MU) zone. Fees were paid. 2. April 4, 2022, Staff Reviews were completed and a Staff Review Report was sent to Brad Wolfe. Reviews were approved with no conditions. 3. April 6, 2022, Notice was sent to the newspaper to be published on April 19th and April 26th. 4. April 18, 2022, Notice was mailed to all property owners within 350’ of the parcel. 5. April 28, 2022, Notice was posted on the property at 250 W Main. 6. May 5, 2022, Alan Parkinson presented the application to the Planning & Zoning Commission. (22-00215) 250 W Main St. – Mobile Vending Court in a Mixed Use (MU) zone. This parcel is home to Wolfe Lighting and the business shared a parking lot with an auto dealer. The auto dealer area is being replaced by the Mobile Vending Court. If approved, this will allow a Mobile Vending Court for 4 or more mobile vendors, not to exceed 15 vendors per acre. The submitted plan is showing six (6) vendors on the west side of the property. An existing fence buffers between the Mobile Vending Court and the adjacent residential to the west. – Brad Wolfe (action) (Video Indexing 01:41) Brad Wolfe recused himself to present his application. The Infrastructure Plan was shown on the overhead screen. Applicant Presentation: Brad Wolfe – 16 Sunset Circle – He proposed this new Mobile Vending Court on his parking lot and some of his unfinished property at his business on 250 W Main. There are six (6) spots on the east side of the parcel that will each have electricity, water, and sewer. There is a plan for some future spaces if all goes well. The parcel was 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 rezoned not too long ago to Mixed Use (MU). He was originally going to sell the property for development of apartments on the undeveloped north side of the property. A Conditional Use Permit (CUP) is needed to put a Mobile Vending Court on a Mixed-Use zoned parcel. He has an exterior door on his business building that accesses his bathrooms for Wolfe Lighting. He will put in an interior door to close off the bathrooms from the Wolfe Lighting side but leave the bathrooms accessible to the court. Right now, the restrooms are being used during open business hours and a portable restroom is used during closed business hours. The door has been ordered. A landscape area will be put in in the southwest corner to buffer from the road, similar to what is in front of his business on the southeast side; this was a request of city staff. Lighting will be added. Commissioner Questions: Eric said currently there are some food trucks stationed east to west. Will this change? Will all the mobile vending lots be along the west property line? Brad identified north of the six (6) mobile vending lots; parking spaces are shown. He identified a walking area that will be chained off to keep pedestrians safe. He needs a place for trucks to access and deliver on the north side of his business. He has a sixteen (16’) feet easement that will enter from the north that will be resurfaced and regraded with compacted rock to provide truck access. This second access also solves a lot of the traffic problems too; there should not be a real traffic problem on Main Street. He believes people will access the Mobile Vending Court from Main Street but can leave through the access easement. Vice Chairman Haley asked where Sorensons’ property is located adjacent to this piece. Brad answered Sorensons own the adjacent properties to the northwest. Brad’s easement continues out to W 1st N. Bruce confirmed the access. Eric asked how big the parcel is. Brad answered there is approximately 2 ¼ acres. Eric asked if the parcel would have space for thirty (30) mobile vendors. Brad said this would depend on parking to meet the maximum vendors per acre. Alan confirmed the parking per mobile vendor has been met per Brad’s request and he will need to meet the parking for future mobile vending lots. Eric asked what the parking requirements are for the mobile vending court. Alan said he would have to go back and look at the code. (9.04.060.F.4. says “Each vending location shall provide parking for at least four (4) vehicles.”) Brad responded there is all kinds of parking on his lot. Todd confirmed there is plenty of room for Brad’s court to expand if he desires. Staff Report: Alan Parkinson – Staff reviewed the application. Brad meets the zoning requirements. Any Mobile Vending Court requires a Conditional Use Permit because Staff wanted to be able to review the locations and make sure the requirements are met. Brad has met the sewer and water requirements including grease traps. The second access provides a safer area for traffic. Fencing was looked at adjacent to residential; there is currently a fence on the west side of the property. Lighting will be inspected to make sure it is not directed into the residential. The noise ordinance will need to be followed. Six (6) spaces are being requested and he has more than adequate parking for the Mobile Vending Court and his business. Staff recommends the application to the Commission to recommend to City Council. Commissioner Questions: Vice Chairman Haley asked for a comparison for what is currently on Brad’s lot and what the Mobile Vending Court approval would allow. Alan said we have seen mobile vending trailers all over town. Trailers could be placed on a lot with 3 | Page permission of the owner with no requirements for water or sewer. When there are four (4) or more vendors at a single location, a Mobile Vending Court will be needed and the requirements in the code for this court will need to be established. Staff spent a lot of time with the public, meeting with vendors, to create the mobile vending court ordinance. This will be the first Mobile Vending Court in the city if the governing bodies approve this Conditional Use Permit (CUP). Vice Chairman Haley confirmed the details have been reviewed by the Staff. The Commission is focused on whether or not this request fits the neighborhood. Brad said he recalls the conversation about putting a court in and make adjustments to the ordinance if needed; he understands this is the situation. Vice Chairman Haley opened the public input portion of the hearing at 6:45PM. Favor: None Neutral: None Opposed: None Written Correspondence: None Rebuttal: None Vice Chairman Haley asked if anyone would like to speak - None. He closed the public input portion of the hearing at 6:46PM. Conflict of Interest? – Vice Chairman Haley 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. Commissioner Discussion: Todd says he thinks this is a good idea. This will be a good test for the ordinance. Aaron agrees; the purpose for the ordinance will play out and this is a good location on Main Street. Todd said you can walk to it, and it is not immediately downtown. Vice Chairman Haley said this is a proven location because Brad has had some mobile vendors on his parcel off and on. He believes the location will draw more people to the area. Attorney Rammell reviewed the reasons the Commissioners brought up in discussion regarding the request: it incorporates the mobile vending changes to the ordinance, it is a good location, a proven location, it fits the area, and appropriate conditions that have been put in place by the city have been met. MOTION: Motion to recommend the City Council approve (22-00215) the Conditional Use Permit for a mobile vending court in a Mixed-Use zone at 250 W Main, because it fits the area, and it is approved by the city. Action: Approve, Moved by Bruce Casper, Seconded by Todd Marx. Commissioner Discussion on the Motion: None VOTE: Motion carried by unanimous roll call vote. (Summary: Yes = 6, No = 0). Yes: Vince Haley (Vice Chair), Todd Marx, Aaron Richards, Jim Lawrence, Bruce Casper, Eric Erickson. 4 | Page 8. May 18, 2022, Alan Parkinson presented the application to City Council. (2:04:20) Planning and Zoning recommendation to approve a Conditional Use Permit (CUP) for a Mobile Vending Court in a Mixed Use (MU) zone at 250 W Main Street – Alan Parkinson Planning and Zoning Administrator Parkinson said this is the city’s first Mobile Vending Court in a Mixed Use Application. The applicant has met the requirements regarding parking, storm drainage for the parking lot, provisions for restrooms, sidewalks, street buffer and fencing. Council Member Flora said she is pleased with the new Mobile Vending Court. Council President Busby asked if the Mobile Vending Court is going to be opened year-round or if it is going to be seasonal. Brad Wolfe said his plan is to have the court open year-round. He also plans to add lights and a picnic area for the patrons. A sewer line is going to be installed for the mobile businesses that are not self-contained. Council Member Erickson asked if there is a barrier placed near the railroad tracks to keep people safe. Mr. Wolfe said he had not thought about adding a barrier near the railroad tracks. This area is currently being used as parking by patrons. Council Member Erickson moved to approve a Conditional Use Permit (CUP) for a Mobile Vending Court in a Mixed Use (MU) zone at 250 W Main Street; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora Council Member Johnson Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried.