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HomeMy WebLinkAboutDR Jackson Foods 01 Jan 03DESIGN REVIEW COMMITTEE MEETING MINUTES January 3rd, 2001 APPLICANT: John Jackson, Boise, Idaho DATE: January 3rd, 2001 PROJECT TITLE: Jackson' s Food Stores, 101 E. Burnside Ave. PURPOSE OF REVIEW: Truck Stop Addition to east of Jackson Food, 101 E. Burnside Ave. Present: Mayor John O. Cotant, Attorney Tom Holmes, Jerry Rowland, Merlin Miller, Ray Griffin, Charlie Dickman, and Ron Conlin. John Jackson was present to present another site plan for his proposed addition of a truck stop to the property just east of his Jackson's Food Store on E. Burnside Ave. Mr. Jackson said the E. Burnside Ave. Store is losing money and they he has to do something to generate a profit. Mr. Jackson said he is willing to move the pole and change the radius from Yellowstone Ave. to E. Burnside Ave. Mr. Jackson said the cost of doing this is $35,000.00. Considerable discussion about the two accesses allowed, maximum of 40' each: Mr. Jackson said he would like to continue the 22' and 40' accesses on E. Burnside Ave. and a larger access on Burnside Ave. Mr. Jackson felt that if the accesses are only 40' the trucks would not be able to make the turn efficiently. Mr. Jackson said the trucks would tear up landscaping, curb and sidewalk. Mr. Jackson was told unless a variance is allowed the 40' maximum accesses are required. Discussion about signs installed that will tell the trucks to go in the E. Burnside Ave access then leave through the east exit to Burnside Ave. Discussion about E. Burnside Ave. being designated as one way, requiring all vehicles to leave by way of Kings Way and Evans Lane. Mr. Jackson said he would oppose this because it would hurt his smaller vehicle business having to drive all the way around. Mr. Jackson said he will contact Jim Thilmont about participating in constructing Kings Way Road and what it would cost. RONALD E. BUSH EMaih REB@hteh.corn HAWLEY TRDXELL ENNIS & HAWLEYLLP ATTORNEYS AT LAW 333 South Main Street P.O. Box 100 Pocatello, Idaho 83204-0100 (208) 233-0845 · Fax (208) 233-1304 www. hteh.com February 8, 2001 Ron C. Conlin City Clerk/Treasurer City of Chubbuck P.O. Box 5604 Chubbuck, Idaho 83202-0006 Jacksons Food Stores, Inc. 101 E. Burnside Dear Ron: Our office represents Jacksons Food Stores, Inc. We have been asked to assist Jacksons with a site change request for the Jacksons store at 101 E. Burnside in Chubbuck. The Design Review Committee and Mr. Jackson met on January 3, 2001 to discuss this matter. I've reviewed the meeting minutes of the January 3, 2001 meeting of the Design Review Committee and the applicable provisions of the Chubbuck City Code. The minutes from that meeting do not include a decision on Jackson's application for the proposed changes the Jacksons Food Store at that location. According to Chubbuck City Code § 18.16.40(D), the committee sets forth its decision in a written memorandum which is lodged with the City Clerk. Our client has not received a copy of a written decision by the Design Review Committee. We assume that such a decision has not yet been prepared and request tlmt ~ written decision be iss~ied so that Jacksons may take this matter up with the City Council as provided for in section 18.16.40(D). Thank you for your attention to this matter. If you have any questions, please do not hesitate to call. Very truly yours, ~EY TROXELL ENNIS & HAWLEY LLP Ronald E. Bush REB/r cc: John Jackson FEB-i2-Ol ]T:4O FROM-JONES CHARTERED 208-232-5962 T-1BT P.Di/Oi F-493 LAMONT JONES 3ACK H. ROBISON THOMAS J. HOlAVIES JI~SSE c ROBI.~3N JONES, C_HARTEKED 415 soUTH ARTHUR P.O. BOX 967 I~OCATELLO. IDa. HO 83204-0967 TF-L~PHONE: (20g) 232-5911 FAX; (208) 232-5962 E-M.,,dI.: xlmla~a~Uom:a~.eom IVIK. HOLMES' TELEPHONE EXTENSION: 103 February 12, 2001 Ron Conlin City of Chubbuck P_O. Box 5604 Chubbuck, 1D 83202 Re: Jacks, on' s Texaco Dear Ron: My recollection is we were waiting for him to get back to us with a redesign that would use one forty foot wide entrance. I don't think any final decision has been made. If he wants to stop with the submittal he has already made, we should issue a decision. I think we may be making a mistake in letting this go through and go ;o the City Council without further proceedings. For instance, if we issue a Design Review decision on the issue of the access, we may preclude a consideration of whether or not this use should even be allowed there in the first place. Chubbuck Code {} 18_08.030 C indicates the building official or- design review "in reviewing an application for design review clearance, may dmermine that a particular land use, although designated in the schedule of general controls as a permitted use, should be allowed only upon the issuance of a conditional use permit." There may be some benefit in having this matter considered by Land Use with its collective afisdom. IfJackon is, by asking for this decision, indicating he can't design something to work with one forty foot access, then we may be justified in thinking it may not fit the criteria of 18.28040 C and should have a conditional use permit application to give the neighboring uses an opportunity to give input on thc project and the impact_ In direct answer to your question, I think we should advise the attorney we are waiting for additional information from Jackson and, if he chooses not to submit it, then we will get hack together and issue a decision, which may include a decision that it needs to go through land use. TIH/t