[Call to Order] [00:00:09] THE BIG PICTURE. ALL RIGHT. HELLO AND WELCOME TO THE BOARD OF ADJUSTMENT MEETING FOR APRIL 22ND, 2025. THESE PROCEEDINGS ARE RECORDED, SO PLEASE SILENCE YOUR CELL PHONES. BEFORE WE GET TO THE AGENDA, I WOULD LIKE TO EXPLAIN THE PUBLIC HEARING PROCEDURE. THE CHAIRMAN WILL OPEN THE HEARING FOR PUBLIC TESTIMONY. THE APPLICANTS WILL BE ASKED TO PRESENT THE APPLICATION. STAFF WILL GO OVER A STAFF REPORT. NEXT, MEMBERS OF THE PUBLIC WILL HAVE AN OPPORTUNITY TO COMMENT ON AN AGENDA ITEM. PLEASE KEEP IN MIND THE BOARD WILL NOT ANSWER QUESTIONS FROM THE PUBLIC. HOWEVER, THE APPLICANT MAY ANSWER THEM DURING THE REBUTTAL PERIOD OF THE MEETING. ANYONE WISHING TO SPEAK IN FAVOR OF THE APPLICATION WILL BE CALLED ON TO SPEAK FIRST. ANYONE WISHING TO SPEAK NEUTRAL WILL BE CALLED ON NEXT. ANYONE IN OPPOSITION WILL HAVE AN OPPORTUNITY TO SPEAK. ONCE CONCERNS OR COMMENTS ARE STATED, IT IS ON THE RECORD. IT WILL BE CONSIDERED AND DOES NOT NEED TO BE REPEATED. FINALLY, THE APPLICANT WILL BE INVITED TO REBUKE COMMENTS OR ANSWER ANY QUESTIONS BROUGHT UP BY THE PUBLIC IF THEY WISH TO DO SO. THE BOARD MAY ASK QUESTIONS THROUGHOUT THIS PROCESS TO GATHER INFORMATION, TO CLARIFY STATEMENTS THAT HAVE BEEN MADE. CHAIRMAN WILL THEN CLOSE THE PUBLIC HEARING PORTION OF THE MEETING. ONCE THE PUBLIC HEARING IS CLOSED, THE PUBLIC WILL NOT BE ALLOWED TO COMMENT. THE BOARD WILL DELIBERATE AND MAKE A DECISION. THE BOARD MAY CHOOSE TO APPROVE, APPROVE WITH CONDITIONS OR TABLE THE APPLICATION FOR ANY ADDITIONAL INFORMATION. FIRST ITEM ON THE [Minutes: March 25, 2025 ] AGENDA IS MINUTES. CAN I GET A MOTION FOR. LAST MEETING MINUTES FOR APPROVAL. I'LL MAKE A MOTION THAT WE APPROVE THE MINUTES AS WRITTEN. I'LL SECOND IT. THOSE APPROVED, PLEASE SAY AYE. AYE. THOSE OPPOSED? PLEASE SAY NAY. MINUTES HAVE BEEN APPROVED. WE WILL NOW MOVE ON TO THE PUBLIC [CUP25-008: Conditional Use Permit to establish and operate a retail business in the R3A, Residential Mixed-Use Zone] HEARING PORTION OF THE. MEETING. AND IT WILL BE FOR THE APPLICANT TO PRESENT THEIR APPLICATION. I'M GREG CROFT WITH RESIDENT ARCHITECTURE REPRESENTING. QUEBEC. SO WE ARE ASKING FOR A CONDITIONAL USE PERMIT FOR PUTTING IN A RETAIL STORE IN AN R3 ZONE. 3848 WOOD KING DRIVE. THIS IS A DEVELOPMENT THAT BACKS UP TO A CANAL. THE OPPOSITE SIDE OF IT HAS A MULTI-FAMILY TYPE RESIDENTIAL SUBDIVISION BEHIND IT. BUT PRIMARILY THIS AREA IS USED FOR COMMERCIAL. EVERYTHING THAT'S ACTUALLY PHYSICALLY ACCESSIBLE IS CURRENTLY COMMERCIAL. ALTHOUGH THE ZONE DOES ALLOW FOR IT IS R3, SO IT DOES ALLOW FOR SOME POTENTIAL RESIDENTIAL USES WITHIN THAT AREA. AND WE ARE ASKING TO PUT IN A SHOOT SO THAT THE BUSINESS THAT'S THERE IS A IS A FOOT DOCTOR. AND SO THE BUSINESS THAT HE WANTS TO PUT IN IS A SHOE STORE RIGHT NEXT TO IT. THAT WOULD ALSO CARRY SCRUBS. AND SO WHAT WE'RE ASKING FOR. EXCELLENT. THANKS, GREG. STAFF WILL NOW GIVE THEIR REPORT. OKAY. SO THE REQUESTED ACTION TODAY IS TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH AND OPERATE A RETAIL BUSINESS IN AN R3 ZONE, WHICH IS A RESIDENTIAL MIXED USE ZONE. THAT'S WHAT YOU'RE SEEING IN THE BLUE. SO YOU'VE GOT R3, A R3 A THIS GREEN IS PARK AND IT USED TO BE PARK. NOW IT'S PUBLIC. WE CHANGED IT A COUPLE YEARS AGO AND THEN R3 AGAIN. THIS IS A MULTI-FAMILY RESIDENTIAL HOUSING OR SINGLE FAMILY ATTACHED TO BE HONEST. AND THEY'RE CONDO PLATTED. BUT SO THE HISTORY OF THE PROPERTY. IT WAS ANNEXED IN MARCH OF 2010 WITH AN INITIAL ZONING OF R3. THE PROPERTY WAS PLATTED IN NOVEMBER OF 2006. IN THE COUNTY IN MAY OF 2023. THE SITE PLAN FOR THE BUILDING WAS APPROVED WITH THREE. WITH THREE [00:05:01] SUITES. SO THIS BUILDING ACTUALLY CROSSES A PROPERTY LINE. YOU HAVE A SWEET ON THE END. THE NORTH END. THE BACK, FOOT AND ANKLE CLINIC THAT GREG MENTIONED IS IN THE CENTER. AND THAT WE'RE DISCUSSING THIS SWEET TO THE SOUTH THAT'S OUTLINED IN RED. SO THE CONDITIONAL USE PERMIT WAS SUBMITTED ON MARCH 13TH OF 2025. A CIP IS REQUIRED FOR RETAIL USES WITHIN AN R3 ZONE. THAT'S PER SECTION 11 TWO THREE OF THE COMPREHENSIVE ZONING CODE. THE CONDITIONAL USE PERMIT REQUEST IS TO OPEN A RETAIL STORE FOR THE SALE OF SHOES AND MEDICAL SCRUBS IN THE SUITE TO THE SOUTH, AS I POINTED OUT. THERE ARE NOT ANY OTHER SUPPLEMENTAL STANDARDS FOR RETAIL IN AN R3 ZONE ACCORDING TO THE ORDINANCE, JUST THAT IT REQUIRES A CONDITIONAL USE PERMIT. THE SITE IS DEVELOPED AND MEETS THE REQUIRED PARKING AND LANDSCAPING STANDARDS. THE R3 ZONE PROVIDES A MIXED USE OF, OR MIXED USES IN WHICH PRIMARY USE FOR THE RESIDENT IS RESIDENTIAL PURPOSES, BUT ALSO INCLUDES OFFICE BUILDINGS AND OTHER USES THAT ARE SEMI COMMERCIAL IN NATURE. THEY USE. THE USES MUST BE DEVELOPED AND MAINTAINED IN HARMONY WITH THE RESIDENTIAL ASPECTS OF THE ZONE OR EXCUSE ME, THE RESIDENTIAL USES OF THE ZONE. THE AREA CONSISTS OF A LOT OF PROFESSIONAL BUSINESSES. LET ME GET BACK TO THE AERIAL HERE. SO AGAIN, JUST ALL OF THIS THAT'S EXISTING DEVELOPMENT ARE PROFESSIONAL OFFICE SPACES. OTHER SMALLER MEDICAL CLINICS. SO IT DOES CONFORM TO THE SURROUNDING USES. THE ONLY RESIDENTIAL SO FAR IN THIS AREA IS AGAIN JUST ACROSS THE CANAL. VALENCIA TOWNHOMES IS LOCATED ACROSS THE CANAL. THE STORE WILL BE OPEN TO THE PUBLIC MONDAY THROUGH SATURDAY FROM 10 A.M. TO 7 P.M. A NEIGHBORHOOD MEETING WAS HELD BY THE APPLICANT ON MARCH 12TH OF 2025, AS REQUIRED BY THE COMPREHENSIVE ZONING ORDINANCE. AS YOU CAN SEE IN THE NOTES FROM THE MEETING, INCLUDING INCLUDED IN YOUR PACKET. NOBODY ATTENDED THAT NEIGHBORHOOD MEETING. STAFF HAS REVIEWED THE APPLICATION AND DOES FIND THAT IT IS CONSISTENT WITH THE COMPREHENSIVE ZONING CODE AND THE COMPREHENSIVE PLAN, AND RECOMMENDS APPROVAL FOR THE CONDITIONAL USE PERMIT AS PRESENTED. THE CONDITION. WITH THE CONDITION THAT IF THE HOURS OF OPERATION ARE EXTENDED, THAT THEY STAY WITHIN THE HOURS OF OPERATION LISTED IN THE CODE, WHICH IS 6 A.M. TO 11 P.M, AND BE CONSISTENT WITH OTHER MIXED USE ZONES IN THE ZONING ORDINANCE. AND THAT'S ALL I HAVE. DO YOU HAVE ANY QUESTIONS FOR ME? OKAY. I DON'T EITHER. IT'S PRETTY BASIC. AND STRAIGHTFORWARD. THANK. IS THERE ANYONE WHO WOULD LIKE TO SPEAK ON BEHALF OF THE APPLICATION? ANYONE WOULD LIKE TO SPEAK NEUTRAL ON THAT? ANYONE LIKE TO SPEAK OPPOSED TO THE APPLICATION? AT THIS MOMENT? CLOSE THE PUBLIC HEARING PORTION AND DELIBERATE. YEAH. I REALLY BY FAR THE LEAST CONTROVERSIAL. SO. YEAH, I THINK IT'S A SLAM DUNK. OKAY. CAN I GET A MOTION FOR THE APPLICATION? I HAVE ONE COMMENT FOR SURE. AND THAT IS WHEN YOU'RE MAKING YOUR PRESENTATION. I WAS TRYING TO GET THIS SHOE AND I THOUGHT YOU SAID SHRUBS INSTEAD OF SHRUBS. AND I'M GOING TO SEE WHAT THAT'S LIKE. YOU CLARIFIED THAT NICELY FROM THE STAFF. ANYWAY, IT'S STRAIGHTFORWARD TO ME. I CAN MAKE A MOTION. YEAH, I'LL MAKE A MOTION THAT WE APPROVED THE REQUEST WITH. I'VE GOT A READ THE CONDITION WITH THE CONDITION THAT IF THE HOURS OF OPERATION ARE EXTENDED, THEY ARE WITHIN THE HOURS OF 6 A.M. TO 11 P.M. TO BE CONSISTENT WITH THE OTHER MIXED USE ZONES IN THE ZONING ORDINANCE. I GUESS SECOND ON THE MOTION. I'LL SECOND IT. THOSE IN FAVOR, PLEASE SAY AYE. I. THOSE OPPOSED, PLEASE SAY NAY. MOTION PASSES. I WILL NOW READ THE [00:10:07] REASON STATEMENT FOR THE CRITERIA. STANDARDS? THE BOARD OF ADJUSTMENT CONSIDERED THE REQUEST PURSUANT TO THE CITY OF EYES. CITY OF IDAHO FALLS COMPREHENSIVE PLAN, IDAHO FALLS ZONING ORDINANCE, THE LOCAL LAND USE PLANNING ACT, AND OTHER APPLICABLE DEVELOPMENT REGULATIONS. THE PROPERTY IS CURRENTLY ZONED R3, A RESIDENTIAL MIXED USE. THE CURRENT DEVELOPMENT WAS APPROVED CONSTRUCTED TO INCLUDE THREE INDIVIDUAL SUITES. PARKING AND LANDSCAPING MEET THE ZONING REQUIREMENTS. THE CLOSEST EXISTING RESIDENTIAL USE IS TO THE WEST ACROSS SAND CREEK CANAL. THE REST OF THE AREA CONSISTS OF PROFESSIONAL AND MEDICAL USES. USES FOR RETAIL AND R-3 ZONE REQUIRE CONDITIONAL USE PERMIT FOR SECTION 11 DASH TWO THREE OF THE COMPREHENSIVE ZONING ORDINANCE. CONDITIONAL USE PERMIT IS NOT TRANSFERABLE FROM ONE PARCEL OF LAND TO ANOTHER. THE CONDITIONAL USE PERMIT IS CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN, AND CONFORMS TO THE REQUIREMENTS OF THE COMPREHENSIVE ZONING CODE. I GET A MOTION TO APPROVE THE REINSTATEMENT RELEVANT CRITERIA. I CAN I GET A SECOND? I'LL SECOND IT. THOSE IN FAVOR, PLEASE SAY AYE. AYE. THOSE OPPOSED? PLEASE SAY NAY. THE RECENT STATEMENT AND RELEVANT CRITERIA STANDARDS PASSES FOR THIS APPLICATION. THANKS FOR COMING IN. THANK YOU. SHORT AND SWEET. SWEET. THANKS. CAN YOU MAKE A MOTION TO CLOSE? THANK YOU. YEAH. * This transcript was compiled from uncorrected Closed Captioning.