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HomeMy WebLinkAboutFINDINGS OF FACT - Dennis Hebdon - 115 S 2nd W - CUP for Storage UnitsFINDING OF FACT FOR A CONDITIONAL USE PERMIT FOR DENNIS HEBDON 1. On 9/9/99 Dennis Hebdon attended the regular Planning & Zoning Meeting to request building storage units directly behind R&B Drive Inn located at 115 South 2nd West. The property is zoned Highway Business District (H.B.D.) and to build the storage units it would require a Conditional Use Permit (C.U.P.). A motion was passed to schedule a Public Hearing regarding the proposed Conditional Use Permit. 2. The City Clerk published a notice in the local newspaper, posted the notice on the property and sent notices to all property owners within 300 feet of the property located at 115 South 2nd West. 3. On 10/14/99 a Public Hearing was held before the Planning & Zoning Board regarding the proposed issuance of a Conditional Use Permit to allow Dennis Hebdon to build Storage Units behind the R&B Drive Inn located at 115 South 2"d West. 4. At the Public Hearing John Millar, P.F.C., explained the project and showed the plan. It will be for the construction of approximately 14 Storage Units. The property is currently zoned Highway Business District and the Storage Units would be allowed under a Conditional Use Permit. John explained the existing uses of the surrounding property. The Highway Business District Zone will allow for a "O" lot line. Mr Hebdon will have to make sure drainage doesn't drop on the neighbor's property. He is planning on fencing the back of the property. 5. A motion was passed by the Planning & Zoning Board to approve the Conditional Use Permit to allow the storage units to be built as drawn on the approved plan. Stephe Zollinger, Attorn 4D.5 DATE: (090999) Present were: Chairman: Members: City Clerk: Attorney: P.F.C.: Councilmember: Planning & Zoning 9/9/99 7:00 P.M. Davawn Beattie La Dawn Bratsman Bobbette Carlson Raymond Hill John Watson Mike Thueson Rose Bagley Stephen Zollinger John Millar Paul Pugmire A motion was made by John Watson and seconded by Bobbette Carlson to approve the minutes of 8/12/99 and 8/16/99. All Aye RE: R&B DRIVE-IN STORAGE SHEDS TOPIC: (500,203,,, C.U.P.,STORAGE SHEDS,2ND WEST) Request for C.U.P. for Storage Sheds behind R & B Drive -Inn John Millar explained the proposal is for construction of 10 individual storage units for commercial and household items. They will be 8' x 10' and located behind R & B Drive Inn at 115 South 2nd West. The property is zoned H.B.D. To build storage units it would require a C.U.P. John did not see any problem in proceeding to public hearing. It will have to have adequate access to the storage units. (discussion) A motion was made by Bobbette Carlson and seconded by Raymond Hill to go to Public Hearing for the C.U.P. All Aye RE: TEMPORARY UTILITY SHED AT BIRCH PLAZA TOPIC: (500,203,,, STORAGE SHEDS,D.E.Q.,BIRCH PLAZA,2ND WEST) Request for a temporary utility shed at Birch Plaza. John Millar explained the reason for the need for a shed at Birch Plaza. Before the apartments were built there was a service station there. In the change of ownership the new owner elected to do some research into possible fuel spills. They did find some fuel contamination and they are going to have to do some decontamination work. They will be drilling a series of shallow wells in the ground and will pump air or blow air into the ground into some of these wells and retrieve the air out of the other wells. That procedure will take the gasoline out of the soil. It will be a temporary shed about 16' x 81. It may be there for 6 months to 2 years. John felt because it would be a temporary structure for a temporary use it would not need a C.U.P. Van Helm representing the project explained they have purchased Birch Plaza. He showed the plan and explained. He showed where the old Service Station was which was torn down.to build Birchwood Apartments. As part of their study as they were evaluating this they reviewed the building permit and found the fire chief had checked it with the Date: (10/14/99) Planning & Zoning 10/14/99 7:00 P.M. Present were: Chairman: Davawn Beattie Members: La Dawn Bratsman Bobbette Carlson Mike Thueson John Watson Roger Muir Gary Steiner City Clerk: Rose Bagley Attorney: Stephen Zollinger P.F.C.: John Millar Council Member: Paul Pugmire - A motion was made by John Watson and seconded by Bobbette Carlson to approve the minutes of September 9. All Aye Bart Stevens was at the meeting to present a plat for Valley View Estates Division #4. John Millar explained in the 1970's this property was Master Planned by the A.M.R. Development. These lots are on the East Side of the South Second East Extension which had been built on. The church is on the north. Bart is looking at developing the lots that face onto South 2nd East. The water line was installed on the diagonal piece. Bart told them the only thing that has changed from the Master Plan is the lot size has increased about 40$. John told the board we just got the plat today and have not had time to run it through the departments. It is zoned L.D.R. and will require 12,000 square foot lots and Bart has shown 12,000 to 14,000 square foot lots. We still need to work with him on getting the water and sewer lines in. The curb and gutter is in on South 2nd East but storm drainage from this site will have to be addressed in any subsequent phase and the city will work with Bart on that,. John said we are not in a position to give approval of this plat in this stage. He did not see anything wrong with it, he felt it was a good proposal. The water line will be in front which will be set up with other utilities. Currently all utilities are along the front. The sewer line is drawn along the back of the lots but he suggested that it be put down on the next street that will be developed aligning with the lot on the west side of the street. The problem we have in putting sewer lines mid block is someday we end up with problems and there is no way to access the line. There will be 13 lots on the top with and number 14 on the corner which was previously approved. Davawn told Bart we needed to go to -a scheduled Public Hearing and would get back to the plat following that hearing. Public Hearing regarding the proposed issuance of a Conditional Use Permit for Dennis Hebden to provide that the owner of the following described property be granted a Conditional Use Permit to allow storage units to be built. The said property is located at 115 South 2nd west. John Millar explained the project and showed the plan. It is for the construction of approximately 14 Storage units to be located behind R&B Drive Inn at 115 South 2nd West. This property is currently zoned Highway Business District (H.B.D) and the storage units are allowed under a Conditional Use Permit. He explained the existing uses of the property surrounding this property. Dennis Hebden explained the units will be framed and covered with metal. There is quite a bit of room for parking. John told the board because it in H.B.D. it would allow for 110" lot line. They would have to make sure the drainage doesn't drop on the neighbors. These would not be serviced by sewer and water and would not need department head approval. He is planning on fencing the back of the property. John stated that there would be no requirement for landscaping because that is connected to parking. (Discussion) Davawn closed the hearing. A motion was made by Mike Thueson and seconded by Roger Muir to approve the Conditional Use Permit to allow the storage units be built as drawn on the plan. All Aye Bart Stevens Plat- John stated he would be working with Bart on the plat and he should have the Preliminary Plat ready for the next meeting. John Watson discussed about the church expanding their parking lot. He suggested that Bart talk to Alan Palmer because the church might want to discuss getting the one lot abutting their property for expansion of their parking lot. John Millar told him our ordinance does require street lighting and sidewalks. Steve Oakey, Rays Chevron, request for a Public Hearing for a variance for a sign. Steve stated last year he requested a lighted reader sign to be put under the Bagleby Sign. That request was turned down with the stipulation that the only way they could do anything of this nature was to replace the Bagleby Sign. That is what they are proposing to do now. They want to take the Bagleby Sign down and put up a Reader Board Sign. By doing that they would actually loose some square footage on the sign which should be a consideration on the sign. The Bagleby Sign is 7' x 10' The sign they are proposing is 2 1/2' x 10' so they would be loosing some square footage. (discussion) Steve said the Bagleby sign was okayed by Mayor Boyle and Blair Manwaring. Davawn asked if the Highway Department had a say in this. Stephen told them if you put anything in their right -a -way the Highway Department has the right to remove it. He said just because it was allowed to be placed inappropriately in the past now to be allow it to be placed in the wrong place would be a set a bad precedence. Steve Oakey said he did not know where the right -a -way was. The board felt the size would be okay but the real question is the placement in the right -a -way. Stephen said he thought we had adopted a policy that we would allow them to swap a sign as long as they did not increase the size or encroachment onto the right -a -way. This is smaller in square footage so the question is the encroachment. No illegal act obtains Grandfathering Rights. (discussion) John Millar stated if he is not in the Right -a -way he could go ahead with the sign. John said he would get with him and decide if it is in the Right -a -way or if he would need to move it back. Boyd Cardon - Doug Smith's Final Plat Pine Brook Subdivision. John stated he had reviewed the plan and has a few comments. 1. Utility easements should be shown on the lots. 2. Plat must be checked and signed by an independent surveyor. 3. The dedication of streets should be to the public unless they are to be owned and maintained by the home owners. 4. The left binding edge on the plat should be 3.5 inches as per 50.1304. 5. All signatures need to be obtained. 6. Needs final review by fire district. John recommended that approval be given contingent upon the review and compliance with the comments listed. A motion was made that the final plat for the Pine Brook Subdivision be approved after the requirements in the comments have been met and after the city has been notified of the designation of lot 1 as to what it will be such as a park. Seconded by Bobbette Carlson. All Aye Meeting adjourned. PLANNING & ZONING May 9, 2001 7:00 p.m. Chairman: Davawn Beattie Members: Bobbette Carlson John Watson Mike Ricks Glenn Walker Winston Dyer Ladawn Bratsman Doug Smith City Clerk: Marilyn Hansen P.F.C.: John Millar City Attorney: Stephen Zollinger Mike made a motion to approve the minutes of April 25. Motion was seconded by Winston, all voted aye, none opposed. Because of a conflict in scheduling the regularly scheduled Planning & Zoning meeting for June 13 will be canceled. The June meeting will be replaced with a meeting on Wednesday, May 30 at 7:00 p.m. Ricks College Request for Conditional Use Permit John reviewed the application from Ricks College for construction of a building to replace the Spori Building which had been demolished. The Zoning Ordinance states that any building over 10,000 sq. ft. in the University Zone requires a Conditional Use Permit. John Watson made a motion to send the Ricks College request to public hearing, seconded by Bobbette. All voted aye, none opposed. Glenn abstained, he had just arrived. Public Hearing for Conditional Use Permit for Scott Spaulding John Millar reviewed the Parkside Planned Residential Development on land located south of the Widdison Addition. Under the Zoning Ordinance a PRD requires a Conditional Use Permit. John Dester showed slides of other developments he has done and reviewed the plans for this development. This project will be done in four phases with the beginning phase in the upper right hand corner of the map, including all 7 lots and the first 4 buildings, the club house will be included in phase 2. Discussion Discussion of any conditions that might be required, a park and a play area being built during phase 3, and the homeowners association. The public hearing was opened. There was no public comment and the public hearing was closed. Discussion concerning development agreement, site facilities, off-site water and storm water, wastewater facilities and pump station. Doug made a motion to approve the Conditional Use Permit for the Planned Residential Development overlay for public hearing before the City Council. Motion was seconded by John Watson. All voted aye, none opposed. Bobbette made a motion to approve the site plan conditioned upon substantial compliance with the elevations that have been submitted. Motion was seconded by Ladawn, all voted aye, none opposed. Scott Spaulding represented and discussed the Preliminary Plat for the Parkside Development. These units will be sold individually, each living section will have its own building and lot number, the property line is from exterior of the building to the exterior of the building. Phase A is planned for completion this summer. John Watson made a motion to approve the preliminary plat, seconded by Glenn. All voted aye, none opposed. Newport Investment's Request for Zone Change John Millar explained the location of this 7-1/2 acre parcel of property along South 4th West to 6th or 7th South which is currently zoned HDR. They are seeking re -zoning under HDR2 which will allow a higher density for married student apartments. Mike made a motion to approve this request to go to public hearing, seconded by Bobbette, all voted aye, none opposed. Dennis Hebdon Request for Conditional Use Permit John Millar reviewed the sketch of storage units located behind R&B Drive -In on 2' West. Over a year ago Dennis received a Conditional Use Permit for 14 storage units, he built those and then proceeded to build 18 more. The units are built, the inspections were not requested and not done. He is seeking approval after the fact. Dennis stated that he did not realize the first permit was for only 14 units. A building permit was received for the first 14 unit, and Dennis is aware that permit fees will be necessary for the additional units. Because of a distinct breakdown in communication tonight is a request for approval after the fact. All the new ones built are interior to the property lines and interior to the existing approved ones. Winston Dyer made a motion to approve the storage units, seconded by Doug. All voted aye, none opposed. Discussion concerning the need for penalties in the future for violation of building permits and codes. Zoning Ordinance Modifications Industrial Zone John Millar explained the issue concerning the Daniel Clark property located at I' North and 2' West across from the co-op yards. The business is basically buying totaled out cars and rebuilding them. They would either like a zone change allowing them to sell the cars or change the zoning ordinance to allow used car sales in an Industrial Zone. The Clarks would prefer not going for a zone change. Discussion, there is really not a problem with allowing used car sales in an Industrial Zone, which would be more beneficial a zone change or ordinance change, the change would not be exclusive to the Clarks but would allow used car sales in any Industrial Zone in the City, whether to be a conditioned or permitted use. Glenn made a motion to change the Zoning Ordinance to allow used car sales in an Industrial Zone with a Conditional Use Permit. Motion was seconded by Mike. All voted aye, none opposed. Conditional Use Permits John Millar had everyone review page 4 of the Zoning Ordinance, showing the authority of the Board to review Conditional Use Permits. Presently Planning & Zoning Commission may, without approval of the Council grant certain permits as listed. Those items include but are not limited to parks, both primary and secondary schools but to put an apartment in a house requires Council approval. Discussion. It was suggested that John compile a more reasonable list and present to the Board for approval. Central Business District The Central Business District zone was described by John Millar and reviewed on the map. There were special restrictions and requirements for that zone including on -street parking. In reviewing the tables on page 25 of the Zoning Ordinance, allowed as permitted uses in the CBD Zone is multi -family housing. The question is, was this the intent or should the CBD be restricted so it is primarily for commercial use. Residential is allowed on the second story. Discussion concerning apartment complexes on Main Street, conditioned use or permitted use, zone changes, apartments not being allowed in HBD but in CBD and other options. John Watson made a motion to delete the use of multi -family housing in the Central Business District. Motion was seconded by Glenn. Voting aye Winston Dyer John Watson Mike Ricks Bobbette Carlson Ladawn Bratsman Glenn Walker Voting nay Doug Smith Meeting was adjourned.