Loading...
HomeMy WebLinkAboutFINDINGS OF FACT - Cresthaven Church - 1070 S 2nd E - CUP for parking lot extensionFINDINGS OF FACT FOR CONDITIONAL USE PERMIT On July 11, 2002, Johnny Watson presented to the Rexburg City Clerk a Request and Application for a Conditional Use Permit on property located at 1070 South 2"d East in the City of Rexburg, said property to be changed for parking extension for existing Church. 2. On July 18, 2002, Johnny Watson appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit of said property at 1070 South 2"d East for parking expansion for existing Church. It was recommended that this request should go to public hearing. 3. On July 26, 2002, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on July 29, 2002 and August 12, 2002. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 4. On August 15, 2002, Johnny Watson appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit on property located at 1070 South 2"d East. There were some comments from those in favor of this proposal. The general consensus of the commissioners at this meeting is in support of this proposal to grant a Conditional Use Permit subject to complying with two conditions: 1) Connect their drainage system to the City storm drain when it is available. 2) Identify on the Site Plan the 75 foot landscape area agreed upon with the original owner. The discussion will continue on the 29' of August to complete the review of the request. The Commission has had unanimous consensus for approving the agenda items up to this point. On August 29, 2002, John Watson appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit. A motion was made and passed to approve the Conditional Use Permit subject to the following conditions specified above. z4- Stephei Zollinger, City Wttomey nim PLANNING & ZONING July 18, 2002 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz - Excused Ted Whyte DaVawn Beattie Glenn Walker Mike Ricks Steve McGary Doug Smith - Excused Jerry Hastings Mary Haley Jacob Fullmer - Excused P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay Winston Dyer welcomed Council Member Shawn Larsen and new P&Z Commission member Mary Haley to the meeting. Approval of the Minutes: The minutes of July 10, 2002 were reviewed and the Conditional Use Permit at 355.5 W. 2nd S. for Dowanna Cox was discussed. Winston Dyer discussed the Commissions approval of the Site Plan without addressing the Conditional Use Permit. The applicant intends to house 16 individuals in three units. The discussion from the Commission Members indicated their concerns on the site plan. The applicant had worked with City Staff to resolve other issues. No further action was requested by the Commission. Stephen Zollinger - Reviewed the Commissions desire to clarify the application. There was some confusion on the application's intent. The discussion shifted to Site Plan issues. DaVawn Beattie made a motion to approve the minutes of July 10, 2002. Mike Ricks seconded the motion, Winston Dyer abstained, all voted aye, none opposed. The motion carried. Noncontroversial Items added to the agenda DaVawn Beattie - Discussed sidewalk locations and safety issues with curb side locations. A DaVawn Beattie seconded the motion subject to the single condition and meeting the variance conditions. Discussion on meeting the variance conditions. Stephen Zollinger reviewed the conditions and provided findings of fact. Voting Ave Voting Nav Ted Whyte Mike Ricks DaVawn Beattie Glenn Walker Steve McGary Jerry Hastings Mary Haley The motion carried. New Business: Site Plan Review and Request for Conditional Use Permit Cresthaven LDS Church Parking Lot Expansion - John Watson Kurt Hibbert - Reviewed the location on the overhead screen. Zoning is LDRI for this request. The Staff approved the request. Johnny Watson - JRW Associates - Lots three and four were purchased for expansion for LDS Church parking. The Church is expanding into a Residential area. The existing parking will be expanded to the South 35 feet with landscaping. This will provide 53 additional parking spaces. A future picnic area will be added. Additional storm drain capacity for storm retention will be added to handle the additional pavement. A 6 foot chain-link fence with grass strip will be added. They will add a shallow drainage field. Winston Dyer - Questioned why the applicant did not apply for a zone change. LDRI will allow this expansion with a conditional use permit. Discussion on new streets and storm drains for the area. The closest storm drain is on 7' South. Other issues to consider are approval of the site plan, and conditions for the Conditional Use Permit for the entire property. One condition for the Conditional Use Permit will be to attached to the City Storm Drain facilities when storm drain piping becomes available. If the parking area is increased more than 15%, the developer would be required to consider the entire parking area for storm drain requirements. Jerry Hastings made a motion to approve the Site Plan subject to the Conditional Use Permit process: 1) Connect their drainage system to the City storm drain when it is available 2) Identify on the Site Plan the 75 foot land scape area agreed upon with the original owner Glenn Walker Seconded the motion, all voted aye, none opposed. The motion carried. Chairman: Winston Dyer Members: Robert Schwartz - Excused Ted Whyte DaVawn Beattie - Excused Mike Ricks Steve McGary - Excused Doug Smith - Excused Jerry Hastings Mary Haley - Excused Jacob Fullmer P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay Winston Dyer welcomed the public to the meeting. This is an official meeting, however there is not a voting quorum. This meeting will conduct business and hear testimony. The Clerk will make careful note of the proceedings for review by Commissioners who are not present at this meeting. Winston apologized for the inconvenience to those with requests on the agenda. Approval of the Minutes: The minutes will be approved at the work meeting on the 29°i of August for the Planning and Zoning meeting that was held on August 1°, 2002. Mike Ricks asked for a change to the minutes on page 6. The road width he is recommending is 30 feet for private driveways in subdivisions. Noncontroversial Items added to the agenda Ted Whyte - Asked about the meeting scheduled in the near future. The work meeting is scheduled for th 29a' of August. Winston Dyer - Clarified with Stephen Zollinger the issue of continuing these public hearings to the work meeting on the 291" of August. These items can be added to the work meeting 48 hours in advance of the meeting. Therefore, necessary agenda items from the 15"' of August will be placed on the next scheduled meeting on the 29'h of August. That meeting will be used to conclude the actions pending on the 15v' of August -agenda. Steve McGary - Concurred with the recommendation to conclude these hearings on the 29' of August. 7:05 pm Zone Change Request - 221 W. 4u' S. - Wade Webster HBD to HDR Kurt Hibbert - Reviewed the request for a zone change on the overhead screen. The property is the old Erickson Pontiac property. Rockland Apartments are to the West of this property. Ted Whyte - Declared a conflict and stepped down from the table. Ted Whyte - Discussed how the proposed use planned to avoid the pipeline. They plan to avoid building any buildings over the pipeline. Parking areas will cover the pipeline. Rex Erickson - Reviewed the locations of the pipeline in other areas of the City. Some buildings are built over the pipeline. Two existing buildings on this property are built over the pipeline. The water flow in this pipeline has never flooded in the 35 year history with Ericksons. Discussion on the occasional rain storm that will flood the intersection from water running off of the hill South East of the property. The City has corrected some of the storm run off problems by connecting the pipeline to the storm sewer. Mr. Johnson's property and one other property in the area are residential. Rex Erickson - Discussed Brenchly Apartment's need for a zone change to comply with current land use. Winston Dyer - Public input will continue at the next meeting on August 29, 2002. Winston indicated a general favoritism to support the proposal from the Commission. Ted Whyte - Rejoined the Commission members at the table 7:15 pm Conditional Use Permit for Parldng - Cresthaven Church JRW Associates Kurt Hibbert - Reviewed the proposal on the overhead screen and then deferred continued discussion to JR Watson. John Watson - 1345 S. 2' E. - The 18t° of July meeting requested a Public Hearing. The Conditions from that meeting was discussed. Some residential lots will be backing up to this location. Landscaping, connecting to the storm drain system and parking will be part of this proposal. These conditions are noted in the minutes of the 181 of July. The conditions applicable to th site plan were reviewed. John requested action on this proposal be taken on the 20 of August. Testimony in favor of this proposal: JR Watson - Commented on the Commissions ability to articulate and evaluate each issue. He complimented the Commission on their individual efforts. The Deseret Industries project should be on the 5i6 of September agenda. Winston Dyer - Commented on John's service to the Commission and expressed his gratitude for his service. Winston hopes to fill the void created by John's absence. Those in favor of the proposal: None given Neither for nor against the proposal: None given Those against the proposal: None given Winston Dyer - Deferred additional public testimony until the next meeting on the 291 of August. Discussion on the two conditions that were applied to the request on the 18d' of July. The conditions were noted as follows: 1) Connect their drainage system to the City storm drain when it is available 2) Identify on the Site Plan the 75 foot land scape area agreed upon with the original owner 11 Steve McGary - Commented on the need for additional parldng for the Cresthaven Church Winston Dyer - The general consensus of the commissioners at this meeting is in support of this proposal to grant a Conditional Use Permit subject to complying with the two conditions. The discussion will continue on the 291 of August to complete the review of the request. Winston indicated that the Commission has had unanimous consensus for approving the agenda items up to this point. Winston Dyer welcomed Council Member Shawn Larsen to the meeting. New Business: Site Plan Review -Keystone Plaza -16o East Valley River Drive (Rick Barton) - Scott Spaulding Kurt Hibbert - Reviewed the site plan on the overhead screen. The City Staff has reviewed the plan . This project was approved with conditions. Winston Dyer - The developer may move forward with the foundation pending approval at their own risk. Requested information on the type of business planned for the building. Continued review of the site plan with emphasis on parking located at a door in the building. Winston requested a review of the adjacent properties, flow of traffic in the area and how this plan interacts with other developments in the area. A comment on the need for a shoe horn to make this development fit. Steve McGary - Requested to table this proposal until some questions can be clarified by the Developer. Kurt Hibbert - Reviewed a memo from the Fire Department's Fire Marshal, Chris Huskinson concerning measurements on the property and connecting roads with access to adjacent properties. Ted Whyte - Requested that the City Staff review the measurements on the site plan for the size of the building, access and parking. Winston Dyer - On April 10s', 2002 at a Planning and Zoning meeting the following minutes were recorded: "Site Plan Approval - 160 E. Valley River Dr. - Rick Barton John explained that this is by the new Sonic Burger on 2"d E. They recently approved a subdivision here dividing it in to 4 lots. This property is the westerly most portion. They are looking at doing a strip mall type building. Water and storm drainage explained. Departments are still reviewing this plan. Kent Hillman, contractor, said that he took this over to Chris Huskinson with the fire department and he had no problems with it. Glenn moved that they accept the site plan contingent on departmental approval. Ted seconded the motion. No discussion. All voted aye. None opposed. Motion carried." Ted Whyte - This site plan is dramatically different from the site plan presented on April 10, 2002. The previous request was for one building. Winston Dyer - Discussion on the previous approval and the surrounding properties Concerns on parking, the fire letter and other issues with this request. This request was deferred to the 29`° of August Planning and Zoning meeting. Winston asked Kurt Hibbert to note that the Commission has concerns with the relationship of this development with surrounding properties. REXBURG PLANNING & ZONING August 29, 2002 7000 p.m. Chairman: Members: P.F.C. P & Z Administrator City Clerk City Attorney Winston Dyer Robert Schwartz Ted Whyte DaVawn Beattie Mike Ricks Steve McGary Doug Smith Jerry Hastings Mary Haley John Millar Kurt Hibbert Blair D. Kay Stephen Zollinger DaVawn Beattie made a motion to approve the minutes from August 1, 2002. Jerry Hastings seconded the motion, all voted aye, none opposed. The motion carried. Ted Whyte made a motion to approve the minutes from the 15th of August, 2002. Mike Ricks seconded the motion; Those not present on the 15th of August abstained. All present at the last meeting voted aye, four who were not at the meeting abstained. Voting for Approval Ted Whyte Mike Ricks Steve McGary The motion carried. Abstaining from the vote Mary Haley Jerry Hastings DaVawn Beattie Robert Schwartz Mary Haley - Discussed the setbacks for sidewalks from the City right of way. She asked when the sidewalk Ordinance was adopted. June of 1996. Ted Whyte - Discussed exclusions from the ordinance. The right of way governs the effect of the Ordinance. New homes since 1996 would require a sidewalk. Discussion on some residents who would prefer to have a sidewalk located at the curb. Robert Schwartz made a motion to approve the request for a zone change to bring the zoning of the property into conforming use, DaVawn Beattie seconded the motion, all voted aye, none opposed. Steve McGary abstained. The motion carried. Conditional Use Pen -nit for Parking - Cresthaven Church - JRW Associates Winston Dyer - Reviewed the request and the discussion from the past meeting. Page four of the minutes from August 15'b was reviewed. Mary Haley made a motion to approve the Conditional Use Permit subject to the following conditions specified in the July 18 meeting as follows: 1) Connect their drainage system to the City storm drain when it is available 2) Identify on the Site Plan the 75 foot land scape area agreed upon with the original owner Ted Whyte seconded the motion, all voted aye, none opposed. The motion carried. Site Plan Review -Keystone Plaza -160 East Valley River Drive - (Rick Barton) Scott Spaulding Winston Dyer - Reviewed the request from the minutes on August 15s', 2002. The site plan was changed from the original review from the Commission. The new site plan was reviewed. The site plan was reviewed on the overhead screen. Sonic Burger is to the East of this property. DaVawn Beattie - Reviewed the site on the overhead screen. Parking requirements were reviewed. Four parking stalls per 1000 square feet are required. A mini mall is planned for this location. Natures Nook and The Bread Basket will be located at this site. Only two units will be built this year. Afire lane was added to allow access to the back of the building since the first review was done. Discussion on the Fire Department access to the rear of the building on the South side. Up to 150 feet of one way access without through traffic is allowed by the Fire Code. Beyond a 150 feet, a turning area or through access is required for Fire Department access. The property to the West is not developed at this time. Jerry Hastings — Requested information on the master plan for this site and the adjoining properties. There is no information available on a master plan. Adjoining owners plan to use the access provided by this development. Winston Dyer - Reviewed the problems inherent to piece meal approvals without complete planning of an area. A site plan should be reviewed in conjunction with adjoining properties. Jerry Hastings - Discussed the use of private drives to avoid compliance to City Street Ordinances.