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HomeMy WebLinkAboutP&Z MINUTES AUGUST 23, 1995 DATE: (082395) Planning & Zoning 8/23/95 7:00 P. M. ~J Those Present: Chairman: John Millar Members: Jim Long Eric Erickson Brad Archibald Richard Smith John Watson Ted Whyte Excused: Marsha Bjornn Mary Ann Mounts City Clerk: Rose Bagley Attorney: J. D. Hancock Engineer: Joe Laird Councilman: Bruce Sutherland A motion was made by Davawn Beattie and seconded by Ted Whyte to approve the minutes of 8/9/95. All Aye RE: REQUEST FOR VARIANCE AT 242 W 3RD N - BRANDON RUDD TOPIC: (400,22,,,VARIANCES,RUDD*BRANDON,LOT SIZES,3RD NORTH) Brandon Rudd was at the meeting to request a variance to put a house on the lot at about 242 West 3rd North. The lot is only 42 feet wide and 250 feet deep. He gave the board a copy of a petition that he had all the property owners on West 3rd North sign in agreement with him building the house on the lot. The only one that had not signed the petition was Norris and he had moved. He would need a variance for the property width. He thought he could have 7 feet on either side. He showed plans for the house. Ted asked if he could buy 15 feet from the adjacent property owner? Mr Rudd said he didn't think they wanted to sell any property and he didn't think he could afford to buy it. Richard asked if the property was split before the ordinance was passed? He didn't know. John Millar said we would need to do some research on how and when the lot was split and why it is so small. Richard said this property was a prime candidate for a variance. It meets the criteria. The lot is impaired as it is. Ted suggested that the lot is limited unless a variance is given. John Millar told Mr Rudd we would do some research and table the issue to the next meeting. RE: ARTCO EXPANSION DISCUSSED TOPIC: (400,22,,,ARTCO,DRAINAGE,PARKING,STREETS,RIGHT OF WAY) Artco Expansion- John Watson declared a conflict of interest. He showed the plans for the new addition of a warehouse with a few minor offices. He had 96 parking spaces which would meet the criteria of the ordinance. Snow storage would be in the back and at the side. It will be built with the intent for further expansion. There is currently a pond for drainage, but they are planning french drains. Joe stated he had looked briefly this afternoon and big question he had is whether or • • ~~ not it is a street on the south and if a 60 foot right-a-way would be required, which means the building would have to be moved to the north. He discussed streets and street right-a-way and if it is built on Artco property or on a different part of the development. He said if you figure the parking for the warehouse 96 parking places would be enough but if you figure more for the office, there would need to be more parking. He stated there is also some question on fire protection that the fire department may want to address. John Millar said right now that is a private road. He said all the entire site is owned by Taylor Corporation. Richard questioned, if this joins the Artco Industrial development, in that plat was that a private road on the north end marked out as a new street on the north end? He asked if the Artco Plat relied on the private drive for what we approved it for? Did we approve the plat without a 60 foot right-a-way? If we approved it with a 60 foot right-a-way then he did not think there would be a problem but if we approved it the way it sits, then we will be hard pressed to require a 60' right-a-way. John Millar stated the plat ends property lines are set back 30' off center line road. Eric asked if it was the intent of the Taylor Corporation to dedicate that road or is it a private road? Bruce stated if it remains a private road it becomes a mute point. John Millar stated that in earlier discussions they wanted to maintain it as private road but will open to public access. Richard stated that unless it is addressed in the plat he was not sure we could do much with it. John Watson stated ~ they want to be in the building by Christmas time for production. RE: PUBLIC HEARING FOR C.U.P. FOR ALLCOTT - STUDENT HOUSING TOPIC: (400,23,,,PUBLIC HEARINGS,C.U.P.,ALLCOTT,STREETS, STUDENT HOUSING,APARTMENTS,3RD WEST,5TH SOUTH,SEWER) Public Hearing for a Conditional Use Permit for Allcott Capital Corporation for the construction of a student housing complex containing 24 six-student apartments on the corner of 3rd West and 5th South on lost 12 of the Parker Addition. Because of the size it does require a Conditional Use Permit. There are no specific conditions other than it is an apartment complex. Kevin Allcott showed a plan and colored photos of the complex and explained it. They have worked closely with Joe to comply with all the setbacks, parking requirements and have gone to the fire department and had them review it in terms of their requirements, so they are at ,the meeting to ask for the Conditional Use Permit. John Millar asked if there were any public comments? Denys Wheeler-492 South 3rd West- Is blasting going to be required? Mr Allcott- Hopefully not, they have exposed the rock they have had it surveyed. If they do get into rock they anticipate using a rock hammer. She addressed the P&Z Board stating she has a real concern there is a half of a block that is not paved road and this will increase traffic on that road and it doesn't ever get watered down. The dust is bad. She read in the paper about L.I.D.'s and wondered if there was any plans for an L.I.D. on that road or just dump some asphalt over the gravel to get the dust down. Gerald Johnson- 460 South 3rd West- He asked if anything was going to be done with that open sewer? It is covered with algae. He asked if the developer was aware of that? He did not have any reason to oppose the apartment complex, it would make the property look much better. Bruce stated right now the city does not have any plans for that but would have to review it. Mr Allcott stated he had discussed it with lengths with Joe and Farrell Davidson in terms of piping it. Currently the culvert that runs under the street is a 24' culvert. If they are allowed to they would go ahead and pipe the portion on their property with 24" pipe. Farrell said at sometime he would like to put a 48" culvert under the street. 48" is a big cost difference for him. That is something that needs to be worked out and would be willing to work with the city. If it is 24" they could pipe the whole thing, but if it is 48" they could not afford to pipe the whole thing. There is a question on the timing and Farrell does not have a specific time table, just that he would like to do it. Brett Johnson 48 South 3rd West- This gentleman said he is prepared to put pipe in the ditch through the part of the property he owns. He asked if he owned all the property behind, Mr Allcott said Erickson owns part of the property. He asked about the floor plans of the apartments? He asked what kind of lighting he would provide in the parking lot and along the streets? Mr Allcott said there would be lighting as required in the parking lot. The streets will have very limited lighting. John closed the public hearing and turned it over to the board for discussion and questions. Eric declared a conflict because their property joins this property. A question on the culvert, if a 48" culvert is required, he assumed you would need a 48" all the way through there. Joe said it was a shock to the city to find it was less than a 48" pipe, they thought it was a 48" pipe. John Watson asked Mr Allcott if there was anything he knew of that was in violation of the ordinance? He said he had tried to comply. Joe said he reviewed it and feels it is satisfactory. Dee Owens, Fire Inspector, stated said he had checked it and felt they had a good understanding. A motion was made by Richard and seconded by Jim Long to grant the Conditional Use Permit. All Aye RE: LANDSCAPING AT PAPA MURPHY'S TOPIC: (400,24,,,PAPA MURPHY'S,LANDSCAPING,SITE PLANS) Scott Meyers from Papa Murphy Pizza Place was at the meeting. After they had completed their building it was brought to his attention they were short on the requirements on landscaping. The requirement is 10~ ;~ be landscaped. His calculation is the lot is 18,614 sq feet of which ! 1410 sq feet is landscaping. Which leaves a deficit of 450 sq feet. (discussion) Richard suggested that we table it until we find out where he is on the ~ of landscaping. John Millar told him to bring in a revised site plan showing what is there now in landscaping on the property and if there is a shortage, a proposal of how he plans to rectify the plan. The requirement is 10~ of the asphalted area in landscaping. A motion was made by Richard to table the issue and let him continue the Temporary occupancy Permit until we see the plan at the next meeting. Seconded by Davawn. All Aye RE: TOM GOE'S DISMANTLING YARD - C.U.P. DENIED TOPIC: (400,25,,,C.U.P.,GOE*TOM,SALVAGE YARDS) John stated the last agenda item is the Tom Goe Dismantling Yard. Because of the promise of litigation on this, he asked that we go into executive session so we can discuss this in private. A motion was made by Richard Smith and seconded by Jim Long that the board go into executive session. All Aye. A motion was made by Eric to close the executive session and go back into regular session. Seconded by Davawn Beattie. A11 Aye. John stated the item on the agenda is the Tom Goe Dismantling yard. We have received two letters from interested parties with regard to this ~ development. All of the board received a copy of those. He turned it over for discussion of the board members. Richard Smith- Based upon review of all of the applications together with testimony we received at public hearing he would like to make a motion. Prior to the motion he would like to set out some findings, observations, the commission had determined and have observed. He ran through the history for a foundation. First of all this issue first came to his knowledge from Mr Laird who notified us of the proposed business on the proposed site out at the old Teton View Drive Inn. He referred to a copy of February 24, 1995, a letter to Mr Goe, Mr Laird sent to him which went through a process of what he would have to do to have the business happen. Subsequently Mr Goe together with council came to the Zoning Commission meeting. There was extensive discussion as to the nature of his business, what it would entail and the characteristics of his business. At that time it was represented to the commission that in fact the proposed business would not fall within the definition of a junkyard, and it would therefore had a number of characteristic that would not cause problems regarding of the storage and handling of these used cars ar hulls as they have been referred to. Based upon those representations we as a commission decided to proceed considering his business under the "Other" category in the zoning ordinance which would allow the consideration of a Conditional Use Permit for the business. ' • It is unclear to him whether the application for rezoning was filed or not. The applications determined that they would not proceed under a request for rezoning, that they would proceed under a request for a Conditional Use Permit under the "Other" category. The commission recommended it for Public Hearing. We took it to public hearing and {. received substantial comment regarding the business from adjoining land owners as well as from Mr Goe and Mr Goe's attorney at that time. At that public hearing we recommended to Mr Goe's attorney as well as to the parties that were there that they get together to see if there was some common ground that if the business did qualify under something other than a junkyard under the "Other" category to determine if there were conditions that could be written in the Conditional Use Permit that would be acceptable to the neighbors. Sometime at the end of July there was an amended request for a Conditional Use Permit which we have here that has been reviewed by all members of the commission and looked at the type of storage of used vehicles, wrecked vehicles that would be on the property. -Now based upon the observations of all the applications received from Mr Breen and Mr Goe which basically describes the type of business and looking at the amended application for a Conditional Use Permit together with many of the documents that were submitted by Mr Goe regarding the nature of the business he conducted in California it was found by the commission that portions of the business would qualify far a permitted business under HBD zone.It was also found that portions of the business that constitutes storage of the wrecked vehicles would did fall within the definition of a junkyard and therefore do not qualify as a Conditional Use in a H.B.D. simply by reason of the fact that junkyards are not a Conditional Use in H.B.D. Based upon that issue in fact when this thing all sifted out and settled out as a technical matter the portion of the proposed business that sets at the rear does in fact fall within the definition of a junkyard. He moved that we deny the request for a Conditional Use Permit for that portion of the business noting that the front portion of the business regarding retail, wholesale sale of used parts in in fact a permitted use in H.B.D. and does not require a Conditional Use Permit. The business as a whole as proposed under the amended application does not qualify under a Conditional Use Permit because it falls within the definition of a junkyard. He would move that we deny the Conditional Use Permit. We will provide a written formal record of the findings that we have found. John asked for any discussion on the motion. If not he asked for a second to the motion. seconded by Brad Archibald. All Aye, None voting Nay. John Millar stated that the Conditional Use Permit was denied. There is an appeal process as established in the ordinance. With that we will move onto further issues. RE: TREES BY ARTCO IN BUSINESS PARK TOPIC: (400,26,,,TREES,ARTCO,BUSINESS PARK) One item that was not on the agenda. At the Artco portion of the Business Park there are six or seven large trees. They are located where they are proposing the road. They are looking at an two alternatives to build an island and put those trees in an island and curb around with a sprinkling system to the trees and try to salvage the trees. They would be maintained by the Maintenance Organization set up in the restrictive covenants. (discussion) Showing the plans "A" and ( "B" plan. {on file) John Millar stated this would modify the plat which has been approved and will need to be in the form of a motion. A motion was made by Jim Long to accept plan "A" seconded by John Watson. All Aye except John Millar abstaining because of a conflict. All Aye RE: PLAN FOR ARTCO EXPANSION DISCUSSED TOPIC: (400,27,,,ARTCO,STREETS,FIRE CODE,RIGHT OF WAY) John Watson continued to show the plans for the Artco Expansion. John Millar stated at present we have no say on the road. It is a private driveway into an Industrial Development. We would encourage that from Stocks Ave west that be provided a minimum of 60 foot of right-a-way, centering the 60 foot on the existing, 30 feet to either side. Richard asked if on the Artco plat if there was a street platted on the north side of the plat? John Millar said there was no street platted the lot ended on the south 30 feet off the center of the road. Richard said we can suggest but not require it. When we were considering this why didn't when we approve the plat considering that? (discussion) He was told he could bring the construction plans into to Joe for approve, but to bring in a revised plan to the next meeting for approval. 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