Loading...
HomeMy WebLinkAboutFINDINGS OF FACT - Valerie Doggett - 361 E 4th S - CUP for Pre-School for 10 or lessFINDINGS OF FACT FOR CONDITIONAL USE PERMIT On October 18, 2002, Valerie Doggett presented to the Rexburg City Clerk a Request and Application for a Zone Change on property located at 361 East 4" South in the City of Rexburg, said property to be allowed to continue a pre-school. 2. On November 7, 2002, Valerie Doggett appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit of said property located at 361 East 4' South for an existing pre-school. 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. 4. On January 16, 2002, Valerie Doggett appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit for an existing pre-school on property located at 361 East 4" South. A motion was made and passed to approve a Conditional Use Permit for a Home Occupation Permit for this request subject to the zoning conditions in Zoning Ordinance 725 Section 6.13 allowing an existing use of the property for child care with 6 to 12 children. t Stephefi Zollinger, City A rney REXBURG PLANNING & ZONING November 07, 2002 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz - Excused Ted Whyte DaVawn Beattie Mike Ricks Steve McGary Doug Smith Jerry Hastings Mary Haley Jordan Dyer David Stein P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay APPROVAL OF MINUTES DaVawn Beattie made a motion to approve the minutes with minor corrections from October 17, 2002, Mary Haley seconded the motion, all voted aye, none opposed. The motion carried. Noncontroversial agenda items: None Public Hearings 7:05 pm Zone change request from LDRI (Low Density Residential) with a Professional Overlay to CBD(Central Business District) - 2/3 of the 3`d Block on East Main St. Between Main and 1" South which includes the Professional Plaza. Kurt Hibbert - Reviewed the proposal on the overhead screen. He identified the Professional Overlay for the Zone change request on the map. This request was initiated to bring the area into compliance with existing use. The LDR1 green space requirement precluded Dr. Craig Heiner from obtaining approval for a proposed business expansion project. The City proposed to change the Zoning to a Commercial Zone. Discussion on the snow storage being behind the parking area. David Stein - This proposal is meeting the bare minimum for the Zoning Ordinance. Scott Spaulding - The Kensington Apartments were criticized for having the back of the building face the street. Scott indicated that these apartments are very pleasing to look at with the parking behind the building. Kurt Hibbert - This site plan has not been approved by Public Works at this time. Mary Haley - Requested additional information on this Site Plan before the Plan is approved. Winston Dyer - The Commissioners are concerned with the lack of a City Staff report on this Site Plan. Stephen Zollinger - If the City Staff fails to offer a report to the Planning and Zoning Commission, the Commission is to consider that it is approved under State statute. The Statutory maximum review time is 30 days. The City of Rexburg has requested a two week review period. Winston Dyer — Indicated that the Commission can defer agenda items until there is a complete application. Mary Haley moved to table the request until the parking on the West exit and the parking & snow removal can be addressed on the Southeast end of the site. David Stein seconded the motion, Discussion on having the developer provide additional information on the Site Plan. All voted aye, none opposed. The motion carried. Request for Conditional Use Permit - 361 East 4'h South - Valerie Doggett - (Existing Pre-School) Murray Doggett - 361 East 4h South - Reviewed the proposal on the overhead screen. The home has been used as an apartment and day care center. The property is in an LDRI Zone. The request is to have a pre-school in a home that is Zoned LDRI. The children are between 3 and 4 years old. There are 10 or less children at the pre-school at any one session. They are requesting an approval for an existing use of a pre-school for the past 7 years. Kurt Hibbert - The Staff has reviewed the home and pre-school for life safety issues. Steve McGary - Inquired about the grandfathering clause. Discussion on the need for a Conditional Use Permit for Home Occupations in Chapter 9 page 64. 17. If the home occupation is the type in which classes are held or instruction is given to more than one person at a time, there shall be no more than six students or pupils in the dwelling unit or on the premises at any one time. 15 Mary Haley moved to send this request to a Public Hearing for a Conditional Use Permit for a Home Occupation Permit at 361 East 4`h South, Jerry Hastings seconded the motion, Discussion Paragraph 16 and Paragraph 12. 12) No equipment or process shall be used in a home occupation which creates noise, place, vibration, or fumes, or odor detectable to the normal senses off the property. 16) Under this section, a family child care may have up to six children at any one time. The care of additional children shall require a conditional use permit under chapter 6.13. Valerie Doggett - The neighbors have offered support for the proposal. She does not plan to expand the number of students. Winston thanked the Doggetts for their patience. All voted aye, none opposed. The motion carried. Request for a Billboard Sign - 499 Airport Road - Meadow Outdoor Advertising - Rick B. Eardley Stephen Zollinger - Requested that this request be tabled for two weeks to allow Staff review. Mike Ricks moved to table the request, Jerry Hastings seconded the motion, all voted aye, none opposed. The motion carried. Request for a Conditional Use Permit - 342 South 4'h East - Gordan & Chantelle Madson This request was not brought off the table. (It was tabled for 60 Days October 17, 2002) Design Standards - Kurt Hibbert Kurt Hibbert - Reviewed examples of zoning in other cities. The examples were reviewed by the Commissioners. They were very interested in the information. The zoning in Provo, Utah was discussed. Winston Dyer - Commented on the next step that the Commission needs to take to proceed to incorporate new zoning categories into the Rexburg Planning and Zoning Ordinance. The process of implementing new zone changes was discussed. It is the same procedure as with other Ordinance modifications. Discussion on preparing a model zone scheme for the City of Rexburg. 12 REXBURG PLANNING & ZONING January 16, 2003 7:00 P.M. Chairman: Winston Dyer Members: Robert Schwartz - Excused Ted Whyte DaVawn Beattie - Excused Mike Ricks P.F.C. P & Z Administrator City Attorney City Clerk Steve McGary - Excused Doug Smith - Excused Jerry Hastings - Excused Mary Haley Jordan Dyer David Stein John Millar Kurt Hibbert Stephen Zollinger Blair D. Kay ConsentAgenda: The consent agenda includes items which require formal Planning Commission action, however theyare typicallyroutine or not ofgreatcontroversy, Individual Commission members may ask that anyspeci$c 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 1St 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. Pat Bennett — 316 East 5th South — Indicated that there was a canning kitchen at this site in April of 1998 when they looked at the home for a residence. They were told that it was a canning kitchen. JoAnn Greene — 419 South 3`a East — As a neighbor they have no objection to this proposal. Those opposed to the proposal: None given Rebuttal by the applicant: Mark Nygren — 479 Harvard Ave - Indicated that they purchased the home as an apartment. They have owned the home for about four years. The property was represented to them as having an allowed apartment in the basement. He is in favor of the proposal. Mark mentioned indicated that they are located next to apartments across the street. Discussion on buffering for the property. Public Hearing was closed Discussion on the issues of a previous hearing where the Commission denied an application for an apartment in an LDR Zone. LDR Zones do not allow apartments. Continued discussion on the canning kitchen being converted to an apartment. Stephen Zollinger — Reviewed the history of the canning kitchen. The owners did not want to go through the Conditional Use Permit process. Stephen indicated that Mr. Nygren has complied with the requirements to have a Conditional Use Permit for an apartment. Mary Haley moved to grant the Conditional Use Permit subject to the zoning conditions in Zoning Ordinance 725 Section 6.13; Mike Ricks seconded the motion; all voted aye, None opposed. The motion carried. Winston Dyer — Requested that the applicants review the conditions in the Zoning Ordinance with Kurt Hibbert. 7:50 p.m. 361 East 4th South — Conditional Use Permit for a Pre-School-LDR1 Kurt Hibbert — Reviewed the proposal for a Home Occupation License for less than 12 children in a child care facility. The conditions for a Home Occupancy License were restated. Zero to six children is allowed without a Home Occupancy Permit. Over six children in 0 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. Stephen Zollinger — Indicated that they can not have 12 or more children with this Home Occupancy Permit. Kurt Hibbert — Reviewed the proposal on the overhead screen. Murray Doggett — 361 East 4`h South — Commented on the history of the home for the past 18 years. They purchased the home with an apartment in the home. They have not used the home for an apartment during the time they were raising there twins. They have operated their child care business for the last 6 years. They do not need a State of Idaho License for a child care facility. They run the child care 2 hours a day for four days a week. They do not run the preschool during the summer. They are in the 6 children to 12 children bracket. The 3`d East Neighborhood Association approached them concerning the zoning change. They began the permit process with the City of Rexburg in the fall of 2002. Kurt Hibbert — Indicated that the 3rd East Neighborhood Association is in favor of the proposal. Discussion on the front yard. There is a separate entrance on the Westside of the home near the back of the home. The children are there for two hours at a time. Kurt Hibbert — Parking and Health and Safety issues have been reviewed. Those in favor of the proposal: David Peck — 323 South 3`d East — The 3`d East Neighborhood Association is in favor of the proposal. Those neutral to the proposal: None given Those opposed to the proposal: None given The Public Testimony was closed Discussion on the proposal. 10 Mary moved to approve a Conditional Use Permit for a Home Occupation Permit for this request subject to the zoning conditions in Zoning Ordinance 725 Section 6.13; Mary indicated that it is an existing use of the property for child care with 6 to 12 children. The entrance is near the rear of the home. David Stein seconded the motion; all voted aye, none opposed. The motion carried. Winston Dyer — Requested that the applicants review the conditions in the Zoning Ordinance with Kurt Hibbert. 8:00 P.M. Rezone a neighborhood from LDRI to LDR which includes properties South of 3`d South to properties facing North on 5th South. The West properties are on the East side of Harvard Avenue, going to the East properties on the West side of 4th East. Properties adjoining 3rd East, Yale Avenue and the West side of 4th East going South to 4th South are affected. See map for details. Kurt Hibbert — Reviewed the proposal on the overhead screen. Many of the hearings tonight are included or on adjacent properties. The original request did not include homes on the East side of Harvard Ave. David Peck — Vice President of the 3`d East neighborhood Association — Reviewed the history of the proposal and the impact that the four year University announcement has had on the Community. The desire of the Association is to preserve, and enhance the quality of life for the residential neighborhood in the 3`d East Community. They are concerned with density and traffic issues diluting the quality of life for their Community. David reviewed the personal contacts he and others have made to obtain support for this proposal. The group organized May 1, 2002 to advance the proposal to keep the neighborhood stable. Only part of the owners of these properties were at the original meeting. Their desire is to make compliant existing uses that were in place May 1, 2002. In late October or early November of 2002 a group from the Neighborhood Association had a meeting to organize a house to house process to obtain the signatures requesting a Conditional Use Permit (CUP) to come into compliance with the City before the Zone change request was completed. Several dozen signatures were gathered in support of the change. David did approach three property owners on the East side of Harvard. This proposed change is behind the concept of having stable residential neighborhoods. He indicated that the University growth from 8,300 students to a proposed 14,000 students with an additional 100 professors would cause pressure on residential neighborhoods. He mentioned increased traffic and zoning reasons for the proposal. Winston Dyer — Commented on the planning that has been done by the Neighborhood Association. The process is new to have these groups speak for respective neighborhoods. This request sets a precedent for requesting an up zone from a less restrictive zone to a more restrictive zone. 11