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HomeMy WebLinkAboutFINDINGS OF FACT - Justin & Carrie Kostial - 236 N 3rd E - CUP for a daycare facilityFINDINGS OF FACT FOR CONDITIONAL USE PERMIT On November 12, 2002, Justin and Carrie Kostial presented to the Rexburg City Clerk a Request and Application for a Conditional Use Permit on property located at 236 North 3`d East in the City of Rexburg, said property to be daycare facility. 2. On December 19, 2002, Justin and Carrie Kostial appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit of said property located at 236 North 3' East for a daycare facility. It was recommended that this request should go to public hearing. 3. On December 27, 2002, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on December 30, 2002, and January 13, 2003. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. On January 16, 2003, Justin and Carrie Kostial appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit for a daycare facility on property located at 236 North 3rd East. A motion was made and passed to table the request until the City Staff has provided a check list with the corrected site plan. 5. On February 6, 2003, the request for a Conditional Use Permit for a daycare facility on property located at 236 North 3`d East was brought off the table. A motion was made and passed to approve this request with the following conditions: 1) City staff approvals including the Fire Department. 2) Perimeter fencing that is six feet tall and meets the City of Rexburg Zoning requirements and the State of Idaho requirements for a daycare facility. 3) Interior fencing to separate the driveway and parking area from the backyard playground area that is up to State Codes for a daycare facility. 4) Driveway and parking area need to be hard surfaced. Steph n Zollinger, City Att rney REXBURG PLANNING & ZONING December 19, 2002 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz - Excused Ted Whyte DaVawn Beattie - Excused Mike Ricks Steve McGary Doug Smith - Excused Jerry Hastings Mary Haley - Excused Jordan Dyer David Stein P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger - Excused City Clerk Blair D. Kay 1. Consent Calendar The consent calendar includes items which require formal Planning Commission action, however theyare typically routine or not ofgreat controversy. Individual Commission members may ask thatanyspecifrc item he removed from the consent calendar for discussion in greater detail. Explanatory information is included in the Planning Commission's agenda packet regarding these items. i. Minutes from the November 21, 2002 meeting ii. 450 South 4' West - Site Plan Review - Request for 11 units with 6 females per unit and one managers unit. iii. Steiner Ave - Site Plan Review - Three Residential Units with proposed easement for rear lot parking. iv. 350 Yale Ave - Request for a Conditional Use Permit for a married unit apartment. v. 236 North 3'd East - Request a Conditional Use Permit for a Day Care Facility for Children vi. 102 K Street - Request a Conditional Use Permit for a duplex built in 1972 vii. 479 Harvard - Request a Conditional Use Permit for an apartment for married housing (Basement apartment for the last 6 years.) Winston Dyer - Introduced the Consent Calendar to the Planning Commission. Winston excused Mary Haley and DaVawn Beattie from the meeting. This meeting was intended to be a work session; however, the requests were piling up and they needed to have some Commission action. Consent Calendar items can be removed from the Consent Calendar by a single Commission Member for discussion. Consent Calendar items No. 2 & No. 3 were removed from the agenda to be approved by Staff. Consent Calendar items No. 4 through No. 7 were approved by Staff to go to Public Hearing. Discussion on the Consent Calendar items. Ted Whyte made a motion to approve the Consent Calendar excluding items No. 2 & No. 3; Jerry Hastings seconded the motion; none opposed. The motion carried. Noncontroversial Items Added to Agenda Zoning Compliance — Kurt Hibbert Kurt discussed the compliance issues before the City Staff at this time. Health and Safety reviews and compliance reviews are being conducted. Most of the compliance issues are actively being worked on to come into compliance. Public Hearing — None Winston Dyer — Commented on the Planning Commission past situation of being in a reactive mode to help support the need for additional housing in Rexburg. He indicated that current and future decisions will be based on the a proactive position. Winston mentioned the University's proposal to engage in the housing market. This will allow the Planning Commission to make decisions based on the Vision (Comprehensive Plan and Zoning) for the Community. Some requests may not fit into the Comprehensive Plan and Zoning for. the City of Rexburg. Winston Dyer — Mentioned that the City Council approved the first reading of the RR2 Zone. It will have a reading on January 08, 2003 and a third reading on January 22, 2003. The Commissioners began discussion of the backlog of items on the current agenda. Planning and Zoning Agenda items far Consideration: These Items may not have complete information (i.e. Unapproved new zones or they may require Comprehensive Plan changes). Annexation and/or Rezone requests for MDR2 (Unapproved Zone) 1) 230 North Hwy 33 —Applicant requests annexation with an MDR2 zone. The plan is to subdivide the property for residential lots with Commercial zoning on Hwy 33. 2) 355 West 2"d South — Applicant requests a rezone from MDR to MDR2 for three 6-Plexes. REXBURG PLANNING & ZONING January 16, 2003 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz - Excused Ted Whyte DaVawn Beattie - Excused Mike Ricks Steve McGary - Excused Doug Smith - Excused Jerry Hastings - Excused Mary Haley Jordan Dyer David Stein P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blau D. Kay ConsentAeenda: The consent agenda includes items which require formal Planning Commission action, however they are typically routine ornotofgreatcon troversy. Individual Commission members mayask that anyspecific item he removed from the consent agenda for discussion in greater detail. Explanatory information is included in the Planning Commission's agenda packet regarding these items. i. Minutes from the January 09, 2003 meeting Deferred approving the minutes to the next meeting. New Business: Comprehensive Plan Change request (1st North to I't South on East Main Street) East Main Street Neighborhood Association Kurt Hibbert — Reviewed the proposal on the overhead screen. The request is to change two blocks on the Comprehensive Plan from Commercial to Residential. The zoning map indicates a residential zone with a professional overlay for part of a block. Plan and the regulations of this Ordinance. (3) 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. (4) 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. (5) 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 facilities shall be upgraded sufficiently to serve the proposed use. (6) 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. (7) Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. (8) 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. (9) Not result in the destruction, loss or damage of a historic feature of significance to the community of Rexburg. C. Supplementary Conditions and Safeguards. In granting a conditional use permit, the approving body may prescribe appropriate conditions and safeguards. Such conditions to be attached to the permit may include but not be limited to: (1) Minimizing adverse impact on other developments. (2) Controlling the sequence and timing of development. (3) Controlling the duration of development. (4) Assuring the development is properly maintained. (5) Designating the exact location and nature of development. (6) Requiring the provision for on-site or off-site public facilities of services; (7) Requiring more restrictive standards than those generally required in this Ordinance. Winston Dyer — Indicated that a legal quorum for the Commission is established at the beginning of the meeting. If a member falls ill during the meeting, the quorum is still valid after the member is excused, even if it results in less that half the Commission present. Winston excused Jordan due to illness. X7:30 p.m. 236 North 3`d East ; Conditional Use Permit for a Daycare facility-LDRI Kurt Hibbert — Reviewed the proposal on the overhead screen. The site plan is still under review by the Staff. They plan to have four employees. Kurt reviewed the location proposed for the parking. Justin Kostial — 236 North 3`d East - Commented on the transfer of children from another daycare facility in Rexburg. They plan to have four parking stalls in the rear of the home. The daycare facility will be in the upstairs and the Kostial family will live in the downstairs of the home. They are proposing to put in a 6 foot fence in the back yard. Justin indicated that they are complying with State Licensing requirements and City fire codes. Discussion on the parking stalls that are planned for the daycare facility. Kurt Hibbert — Reviewed the site plan for parking and green space requirements. They plan to have 60% of the front yard in green space. Discussion on the number of children allowed in a child care facility. Zero to six children is allowed without a Home Occupancy Permit. Over six children in a child care facility will require a Conditional Use Home Occupancy Permit. In excess of twelve children in a child care facility requires a Conditional Use Permit from the City and a daycare license from the State of the Idaho. Justin indicated that the State would allow 40 children at this facility. Those in favor of the proposal: Linda Edstrom — Commented on the need for child care in the area. The children are being transferred from another daycare facility that has closed its doors. The children need a place to go for child care. Stephen Zollinger — Commented on the largest staff shift at any one time. The Zoning Ordinance refers to parking for a single shift. This proposal will have two staff members per shift. The parking ratio is two stalls for every staff member on the largest shift. Those neutral to the proposal: None given Those opposed to the proposal: None given Public Testimony was closed The Commission discussed the circumstances that require a business license. Stephen Zollinger — The State of Idaho licenses daycare facilities and they regulate the child to staff ratio. A City of Rexburg Business License would trigger a parking review which will control density. Kurt Hibbert — Reviewed the requirements for a 22 foot driveway when parking stalls exceed four parking stalls in the back yard. Mary Haley — Reviewed the parking plan for the site. She discussed the requirements for a play area in the yard. Continued discussion on the parking requirements and the width of the driveway access to the backyard. David Stein — Commented on the current use of other properties in the area. His concern was over the proposed circular driveway. Ted Whyte — Concerned with the parking shown on the site plan and the drawing showing 12 feet for driveway access to the back yard. Mary Haley moved to table the request until City Staff has provided a check list with a corrected site plan. David Stein seconded the motion; all voted aye, none opposed. The motion carried. Public testimony on this request will be carried forward to a flrture meeting when scheduled by Staff. 7:40 p.m. 92 & 102 K Street — Conditional Use Permit for two residential duplexes-LDR1 Kurt Hibbert — Reviewed the two homes on the overhead screen. They have always functioned as duplexes. Kathy George — 102 K Street - Commented on the 1964 building of the street. The homes were built in 1971 and 1972. They discovered the need for a permit when the life safety inspections were completed. Kurt Hibbert — Indicated that Staff has approved the requests. Those in favor of the proposal: Diane Nelson — 1986 East 200 North — They purchased the home seven years ago. Diane reviewed the history of the site. She agreed with Kathy comments and she is in favor of the request. Shawn Larsen — 60 K Street - Recently moved into the neighborhood. Shawn is in favor of the proposal. Those neutral to the proposal: None given Those opposed to the proposal: None given Public Testimony was closed 7 CITY OF REXBURG PLANNING AND ZONING MINUTES February 06, 2003 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz Ted Whyte DaVawn Beattie - Excused Mike Ricks Steve McGary - Excused Doug Smith - Excused Jerry Hastings Mary Haley - Excused Jordan Dyer David Stein P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger - Excused City Clerk Blair D. Kay 1. Consent .agenda: The consent calendar includes items which require formal Planning Commission action, however they are typically routine or not of great controversy. Individual Commission members may ask that any specific item be removed from the consent calendar for discussion in greater detail. Explanatory information is included in the Planning Commission's agenda packet regarding these items. i. Minutes from the January 09, and 16, 2003 meeting Mike Ricks moved to approve the minutes from on the Consent Agenda with minor changes suggested by Winston Dyer; Jordan Dyer seconded the motion; all voted aye, none opposed. The motion carried. Noncontroversial Items Added to Agenda: Winston Dyer noted that there are two items on the table. One is a Comprehensive Plan change request in the area of first North and First South on Main Street. The other one is a request for a Conditional Use Permit for a daycare facility that needed further clarification on some parking issues. Kurt Hibbert explained the new the site plan that was resubmitted showing parking for four stalls. The daycare request may be brought off the table later in the meeting. Site Plan Approval — 450 South 4th West — Singles housing for 8 units - Glen B. Reed Newell Goldsberry —111 East 16`x' Street - Represented Glen B. Reed — Newell indicated that the proposal is for a two story 8 plex. The site is zoned HDR. The development is for single students. Mike Ricks — Reviewed the parking on the site plan. There are 18 full size parking stalls with 26 compact parking stalls. There will be one manager's apartment. The remaining seven apartments will rent to 44 individuals. Discussion on the location of the sidewalk being 7 feet off from the curb. The retaining wall in the back of the property was reviewed. The retaining wall will be a low level wall. There will directional lighting installed for the development. Mike Ricks — Discussed the street widths on the site plan. Kurt Hibbert — Indicated that Staff has reviewed the project and recommended changing four parking stalls on the site plan. Jordan Dyer moved to accept the site plan as presented for 450 South 0 West with the following conditions: 1) Shift four parking stalls to the West to accommodate a hammer head turn around area on the East end of the parking area. 2) Locate the sidewalks on 4th West back 7 feet from the curb 3) Install directional lighting on the parking lot 4) City Staff approvals Mike Ricks seconded the motion; all voted aye, none opposed. The motion carried. Mike Ricks moved to bring a tabled item off the table at 236 North 3`d East for Justin and Carrie Kostial; The request is for a daycare facility. Jerry Hastings seconded the motion; all voted aye, none opposed. The motion carried. Justin Kostial I Reviewed the changes to the site plan that indicate the location of four parking stalls on the rear of the home. The access to the rear parking is a driveway on the side of the house that is approximately 13 feet wide. The applicant plans to install a privacy fence of cedar or vinyl in the future. This is a day use facility for daycare of young children. The Zone is LDRI next to MDR Zoning. Discussion on the need to have buffering to separate the parking area from the play area for the children in the back yard. Kurt Hibbert — Indicated that a driveway can be located against the property line for this proposal. 10 Mike Ricks moved to approve the request for a Daycare facility with the following conditions: 1) City Staff approvals including the Fire Department. 2) Perimeter fencing that is 6 feet tall and meets the City of Rexburg Zoning requirements and the State of Idaho requirements for a Daycare facility. 3) Interior fencing to separate the driveway and parking area from the back yard playground area that is up to State Codes for a daycare facility. 4) Driveway and parking area need to be hard surfaced. Jerry seconded the motion; Discussion to clarify the fencing height and area to be fenced according to the State of Idaho Codes for a daycare facility. All voted aye, none opposed. The motion carried. , Winston Dyer - Requested a report on the Zoning Ordinance additions and amendments that are being proposed by the City. Kurt Hibbert — Reviewed the progress he has made in rewriting the Zoning Ordinance. He is adding design standards to the proposed new ordinance that would replace Zoning Ordinance 725. David Stein joined the meeting. The Commissioners reviewed the Comprehensive Plan and parking issues that are vexing the community. They reviewed annexation questions concerning annexing partial plats. They are concerned with the Zoning Code allowing developments that encroach on neighbors with smaller building profiles. Also, they mentioned past Conditional Use Permits that have been allowed without proper conditions being applied to lessen the impact on neighbors. Kurt Hibbert — Requested that a few Commissioners spend some time with him to help develop the new zoning proposals that will be included in the new Zoning Ordinance. He is planning for one hour meetings to discuss the new Ordinance. Ted Whyte, Jerry Hastings, David Stein, and Steve McGary were selected to help Kurt with this effort to expedite the Zoning Ordinance rewrite. They plan to meet on the IP of February at 1:00 pm here at City Hall. Kurt Hibbert — Indicated that the Impact Area needs to be zoned as soon as possible. Adjourn 11