HomeMy WebLinkAbout6 - 03-12-19 PZ Minutes CITY of Twin Falls Planning&Zoning Commission
TWIN FALLS
Minutes
Tuesday, March 12,2019, 6:00 PM
203 Main Ave East
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Twin Falls, ID 83301
Members-
City Limits: Danielle Titus, Chairperson; Craig Hawkins; Ed Musser; Carolyn Bolton; Curtis Hansen; Craig
Kelley,Vice-Chair
Area of Impact: Ryan Higley; David Detweiler
1) Confirmation of Quorum/Call Meeting to Order
Commissioner Higley called the meeting to order at 06:03 pm.
A quorum was present.
Members present: Higley, Hawkins, Hansen, Kelley, Musser
Staff Present: Ebersole, Spendlove, Strickland, Cherry, O'Connor,Vitek, Nope
2) Consent Calendar
Commissioner Hansen made a motion to approve the consent calendar, as presented.
Commissioner Hawkins seconded the motion.
Consent Calendar Approved 3-0-2
a) Approval of Minutes from the following meeting: February 26, 2019
3) Items of Consideration
a) Nomination of Planning and Zoning Chairperson
Jonathan Spendlove facilitated the nominations for Chairman and Vice Chairman of the P&Z
Commission.
Commissioner Higley motioned to nominate Commissioner Danielle Titus for Chairperson.
Commissioner Kelley seconded the motion.
Unanimously approved
Commissioner Hawkins motioned to nominate Commissioner Kelley for Vice Chairperson.
Commissioner Higley seconded the motion.
Unanimously approved
4) Public Hearings
a) Request for a Special Use Permit to operate a Home Occupation at property located at 1333
Bitterroot Drive on behalf on Carleen M. Duncan. (PZ19-0007)
Commissioner Hawkins recused himself from this item.
Staff Presentation:
City Planner Steve O'Connor presented the applicant's request for a Special Use Permit to
operate a Home Occupation at property located at 1333 Bitterroot.
The Special Use Permit process requires a public hearing in which interested persons have the
opportunity to be heard, with regards to the application.
The Commission shall make a decision on the request within thirty (30) days after the public
hearing. If Conditions of Approval are placed on the permit by the Commission, the
Administrator shall issue the permit specifically listing such conditions. Conditions shall be
implemented within 6 months or the permit is void.
If the Commission's decision is appealed within fifteen (15) days of the signing of the Findings
of Fact, City Council shall set a hearing date to consider all information, testimony and
minutes of the previous hearing to reach a decision on the appeal.
The property was platted in 1998 and development occurred shortly thereafter.
This is a request to establish a Home Occupation for Massage Therapy, on property located at
1333 Bitterroot Dr. The property is zoned R-2 PUD and per the R-2 zone and PUD #205 a
home occupation requires a Special Use Permit.
The home is accessed via a driveway, on a separate lot, from Bitterroot Dr. which is shared
with three (3) other residences. The applicant stated she only sees 4 to 5 clients in any day
and there is a thirty plus (30+) minute break in between to accommodate customer parking.
The driveway on the applicants own property is rather large and is able to handle an extra
vehicle to prevent any conflicts with the neighbors on the shared driveway.
If the Commission approves this request as presented, then staff recommends the following
conditions.
1. Subject to continued compliance with all local, state, and federal code requirements
and other standards as applicable.
2. Subject to customers parking on lot 20 only, and no parking on lot 19 of the Grove
Estates Subdivision.
Applicant presentation:
Applicant Duncan presented her request to have a home occupation as a therapeutic massage
therapist. She would like to relocate her office to her home. She stated that she sees 4-5
clients per day, Monday- Friday. Applicant stated she leaves a 30 minute window between
clients,with only one car at her location at a time. Her clients would park in her driveway,with
the applicant parking in the garage. She stated that she has an older clientele that would be no
threat to the neighborhood.
PZ/Questions&Comments:
• Commissioner Hansen asked for clarification on the location of the lot.
• City Planner O'Connor clarified that the house is on Lot 20,while the common
driveway is Lot 19.
Public Hearing: Opened
• Citizen Donna Newberry,Twin Falls, is not in favor of the applicant's request. Her
concern is that the residential area becoming commercial.
• Citizen Pat Herman,Twin Falls, is not in favor of the applicants request due to a
concern of increased traffic, noise, and safety issues in the area. She is concerned of
damage to the cul-de-sac from clients leaving the area.
• Citizens Juan and Lorena Ramirez,Twin Falls, are not in favor of the applicant's
request.They have a concern about noise and loss of their quiet neighborhood. They
are next door neighbors to applicant and worry they will lose their privacy.
• Citizen Pat Anderson,Twin Falls, is not in favor of the applicant's request. She is
concerned if one home business is allowed in neighborhood, more will follow and
impact property values.
• Citizen Phil Tucker,Twin Falls, is not in favor of the applicant's request. His concern is
the amount of traffic the business will generate, but respects applicants desire to have
home business.
• Citizen June Messman,Twin Falls, is not in favor of the applicants request due to
increased traffic.
• Citizen Scott Clites,Twin Falls, is not in favor of the applicant's request. He is
concerned that the business would result in a decrease in his home value. He is
concerned it will set a precedent for more home businesses coming into
neighborhood.
• Citizen Ben Woodbury,Twin Falls, is not in favor of the applicant's request. Hls
concern is that there is not enough room for a turnaround for customers and
increased traffic in the neighborhood. He believes this is not the best neighborhood
for a home business.
• Citizen Beth Wantik,Twin Falls, is not in favor of the applicant's request. She believes
this would be detrimental to neighborhood property improvements of the driveway
and landscaping, incurring additional expenses to homeowners to repair driveway. She
believes, if the SUP is approved,the driveway repair costs should go to the applicant.
• Citizen Jayne Fischer,Twin Falls, is in favor of the applicant's request. She believes the
applicant's clients would be respectful of the neighborhood and noted that a large
family moving into that house would have more vehicles and cause more traffic than
the traffic the applicant's clients will in a day. She knows the applicant to be
respectable and clean and will not harm cul-de-sac.
• Citizen Linda Roundtree,Twin Falls, is in favor of the applicant's request.The applicant
previously worked in her salon and was always very professional and quiet. She knows
the applicant only sees one client at a time. She is also a current client.
• An email was shown onscreen from a citizen who is opposed to the applicant's
request.
Public Hearing: Closed
Closing statement:
Applicant Duncan stated the newspaper delivery people have put the tire marks/lines in the
common landscaping. She addressed the concern for the increase in traffic by noting that
there will be less traffic with her home business than when her husband was making 6- 10
trips out of the cul-de-sac a day.
Discussions Followed:
• Commissioner Higley asked if this is a public road and are there covenants the city
enforces in this neighborhood.
• City Planner O'Connor stated it is a public road and the city does not enforce
covenants.
• Commissioner Higley asked for clarification on the parking condition and the number
of clients seen a day.
• City Planner O'Connor stated that the condition allows for clients to park on her
driveway only.
• Applicant Duncan stated there are 4-5 clients on most days.
• Commissioner Higley stated it is important to realize this is a public street and a family
could move in with more cars would generate more traffic than this business. He also
stated any other home based business in area would have to come before the
Commission for a Special Use Permit.
• Commissioner Hansen also stated it is a public street and that five (5) additional cars is
not excessive. Speeding issues can be taken up with police. He feels they must take
Item 4 on the Special Use Permit requirements into consideration- private driveway
could be disturbed with business.
• Commissioner Musser stated the commission needs to respect wishes of
neighborhood.
• Commissioner Higley stated the condition on the permit only allows for parking in her
driveway. Neighbors can file complaint if conditions are not complied with and SUP
can be revoked.
Motion:
Commissioner Hansen moved to approve the request for a Special Use Permit to operate a
Home Occupation at property located at 1333 Bitterroot Drive. Commissioner Higley seconded
the motion.
Motion declined by a vote of two(2)votes in favor,two (2)votes not in favor, and one(1)
abstention.
10 minute break was taken
Commissioner Hawkins returned to seat after break.
b) Request for a Special Use Permit to operate an Indoor Recreation Facility at property located
at 246 3rd Avenue South on behalf of Luke Mickelson/Bearded Axe. (PZ19-0008)
Staff Presentation:
City Planner Brock Cherry presented the applicant's request for a Special Use Permit to
operate an Indoor Recreation Facility at property located at 246 3rd Avenue South.
The Special Use Permit process requires a public hearing in which interested persons have the
opportunity to be heard, with regards to the application.
The Commission shall make a decision on the request within thirty(30) days after the public
hearing. If Conditions of Approval are placed on the permit by the Commission,the
Administrator shall issue the permit specifically listing such conditions. Conditions shall be
implemented within 6 months or the permit is void.
If the Commission's decision is appealed within fifteen (15) days of the signing of the Findings
of Fact, City Council shall set a hearing date to consider all information,testimony and minutes
of the previous hearing to reach a decision on the appeal.
Per City and County records the subject property was constructed in 1977 as a
warehouse/storage building. Currently the building is being used as storage.
This is a request to allow an indoor recreational facility on property located at 246 3rd Avenue
South.The subject property is located within the Old Town (O-T) Zoning, Historic Warehouse
Overlay (WHO), and Parking District 3 Overlay(P-3) Districts.
The applicant intends to operate a recreational/competitive axe throwing venue.The
proposed use will consist of approximately twenty (20) throwing lanes, a manager's office,
sales counter, and other ancillary business components.
The anticipated business hours will be Monday through Thursday from 8 A.M. to 10:00 P.M.
and Friday through Saturday from 8:00 A.M.to 12:00 A.M. The proposed use will employ
approximately five (5)to ten (10) employees.
If the Commission approves this request as presented,then staff recommends the following
conditions:
1. Subject to continued compliance with all local, state, and federal code requirements and
other standards as applicable.
2. Subject to off street parking not being required for the proposed use.
Applicant presentation:
Applicant Luke Mickelson presented his request for a Special Use Permit for the Bearded Axe
Indoor Recreational Facility.The facility will have axe throwing lanes and a party room for
groups.The facility will be open to all ages.The applicant is excited about downtown location
as a way for more people to enjoy downtown.
PZ/Questions&Comments:
• Commissioner Musser asked applicant how the business plans to control alcohol use
prior to customers coming into the establishment.
• Applicant Mickelson stated safety is their number one priority. Staff will fully train
participants on axe throwing. Intoxicated persons will not be allowed to participate.
The establishment will not be serving alcohol.
Public Hearing: Opened And Closed Without Input
Discussions Followed: Without Concerns
Motion:
Commissioner Hansen made a motion to recommend approval of the request for a Special Use
Permit to operate an Indoor Recreation Facility at property located at 246 3rd Avenue South.
Commissioner Musser seconded the motion.
Unanimously approved,with the following conditions:
1. Subject to continued compliance with all local, state, and federal code requirements and
other standards as applicable.
2. Subject to off street parking not being required for the proposed use.
c) Request for a Variance from the street centerline setbacks for Fillmore Street and Caswell
Avenue for property located at the north east corner of Fillmore Street and Caswell Avenue on
behalf of David Wilcox c/o EHM Engineers, Inc. (PZ19-0009)
Staff Presentation:
PZ Director Jonathan Spendlove presented the applicant's request for a Variance from the
street centerline setbacks for Fillmore Street and Caswell Avenue for property located at the
north east corner of Fillmore Street and Caswell Avenue.
The Variance Permit process requires a public hearing in which interested persons have the
opportunity to be heard, with regards to the application.
The Commission shall make a decision on the request within thirty(30) days after the public
hearing.
If the Commission's decision is appealed within fifteen (15) days of the signing of the Findings
of Fact, City Council shall set a hearing date to consider all information,testimony and minutes
of the previous hearing to reach a decision on the appeal.
In 1999,the City Council passed Ordinance 2620 updating the Centerline Setback distances for
Fillmore and Caswell to their current figures. In that same year,the Fred Meyer Subdivision
was reviewed, and later approved and recorded as part of a re-platting of existing lots.
This is a request for a Variance from the Street Centerline Setbacks on two collector roadways
(Caswell Ave. & Fillmore St.).Typically Centerline Setbacks are in place for the purpose of
future roadway lane expansions.
Current FEMA Floodplain maps designate the majority of the property within a floodway. In
order to avoid disturbance of the mapped floodway,the applicant has asked for a variance
from the centerline setbacks.
If the Variance is granted,the Property Line Setbacks will still be enforced, and the availability
for future roadway lane expansions can still be met with the current Right of Way dedication
and setback area in front of any future building.
If the Commission approves this request as presented,then staff recommends the following
conditions:
1.Subject to continued compliance with all local, state, and federal code requirements and
other standards as applicable.
PZ/Questions&Comments:
• Commissioner Higley asked if city is owns the area to widen road.
• PZ Director Spendlove pointed out where the right-of way is on Fillmore and Caswell.
The proposed building will not be built in the right of way.
• Commissioner Hawkins asked if building is being built into the flood plain.
• PZ Director Spendlove stated the proposed building is not in flood plain.The building
will be built on private property and meets the property line setback. The applicant is
asking for reduction of the centerline not to exceed private property line.
• Commissioner Hansen asked if side lines for Fillmore and Caswell corners will be
affected.
• PZ Director Spendlove stated they will need to meet the setbacks and may need to be
addressed if the road is widened in the future.
• Commissioner Musser asked if applicant own other property where the applicant
could move building back and be back and still be out of floodplain. Is there an option
to elevate building to be able to build into the floodplain?
• PZ Director Spendlove reviewed the lot that the applicant owns. He explained there
are regulations that would make it difficult for the applicant from building into the
floodplain, even with an elevated building.
Applicant presentation:
David Thibault, EHM Engineers, representing applicant, presented applicants request for
variance of centerline setback. There are two (2) setbacks (property line, centerline from
collector street)that apply to this property.The two streets don't function as collector streets
at this time. Applicant is asking for setback reduction to utilize more of the property. 65%of
the lot is in floodplain.They have met with city staff to determine appropriate request for
variance.The proposed building would be used for office and retail space, appropriate to
current C1 zoning.
PZ Questions/Comments:
• Commissioner Higley asked Mr.Thibault to clarify why the applicant is not able to
build into the floodplain.
• Mr.Thibault answered building into floodplain would push waters elsewhere onto
other properties.There is ample parking.The cost of building into the floodplain
would increase costs of 25-50%.
• Commissioner Higley asked if the building is a single story.
• Mr.Thibault stated CCR's and covenants precludes them from building anything taller
than 23 feet.
Public Hearing: Opened
• Applicant David Wilcox explained intent for building. Speaking to floodplain was drawn
32 years ago reflecting old Blue Lakes mall.The floodplain is not applicable any longer.
They are trying to build around the floodplain.
• Jared Heward,future tenant of building,variance would allow more space, and is
necessary to have his business as part of building.
Public Hearing: Closed
Discussions Followed: Without Concerns
Motion:
Commissioner Hawkins made a motion to recommend approval of the request for a Variance
from the street centerline setbacks for Fillmore Street and Caswell Avenue for property
located at the north east corner of Fillmore Street and Caswell Avenue as presented, with staff
recommendations. Commissioner Musser seconded the motion.
Unanimously approved,with the approved condition:
1. Subject to continued compliance with all local, state, and federal code requirements and
other standards as applicable.
d) Request for a Special Use Permit to operate an Indoor Recreation Facility at property located
at 324 Hansen Street on behalf of The Circus, LLC (PZ19-0010)
Staff Presentation:
City Planner Brock Cherry presented the applicant's request for a Special Use Permit to
operate an Indoor Recreation Facility at property located at 324 Hansen Street.
The Special Use Permit process requires a public hearing in which interested persons have the
opportunity to be heard, with regards to the application.
The Commission shall make a decision on the request within thirty(30) days after the public
hearing. If Conditions of Approval are placed on the permit by the Commission,the
Administrator shall issue the permit specifically listing such conditions. Conditions shall be
implemented within 6 months or the permit is void.
If the Commission's decision is appealed within fifteen (15) days of the signing of the Findings
of Fact, City Council shall set a hearing date to consider all information,testimony and minutes
of the previous hearing to reach a decision on the appeal.
Per City and County records the primary building on the subject property was built in 1926.
Most recently the City of Twin Falls occupied the building from 2007 to 2018.
This is a request for a special use permit to allow an indoor recreational facility on property
located at 324 Hansen Street.The subject property is located within the Commercial Business
(C-B) Zoning District and P-1 Parking Overlay.
The primary use of the property is a Cultural Facility(Museum/Arts Center) which is outright
permitted in the C-B Zoning District. Additionally, applicant intends to occasionally allow the
subject property be used for public assembly purposes (receptions/school dances/social
gatherings)which is also outright permitted.
However,the applicant is requesting with this application to operate an indoor recreational
facility which provides professional dance instruction and group exercise classes. General
hours of operation will be from 7:00 AM to 9:00 PM.
Staff determines that the requested use is in compliance with both the City Zoning Ordinance
and the Comprehensive Plan.
If the Commission approves this request as presented,then staff recommends the following
conditions:
1. Subject to continued compliance with all local, state, and federal code requirements and
other standards as applicable.
Applicant Presentation:
Applicant Joshua Olsen presented the request for a Special Use Permit for The Circus.This
building will be used as a multi-use cultural facility.There will be two studios of instruction for
the community.The Circus will cater to all ages.The facility will be available to public for
dances, receptions, and a local artist venue.The applicant is asking for a Special Use Permit to
allow for expansion of services and activities.There will be a locally excavated mammoth
located at the facility to be used for research local and regional archaeological use for local
college students and public viewing.
PZ/Questions&Comments:
• Commissioner Higley asked about parking issues and where public parking is located.
• PZ Director Spendlove outlined the public parking in the area.
Public Hearing: Opened
• Citizen Robert Starr,Twin Falls, neighboring business owner, is concerned about
parking.The parking lot in front of his business is a private lot, not for the public use.
Public Hearing: Closed
Applicant Closing Statement:
Applicant Olsen stated he is willing to work with neighbors to do everything in his power to
make sure any parking issues are addressed right away and wants to make this work for
everyone.
Discussions Followed: Without Concerns
Motion:
Commissioner Hawkins made a motion to recommend approval of the request for a Special
Use Permit to operate an Indoor Recreation Facility at property located at 324 Hansen Street.
Commissioner Hansen seconded the motion.
Unanimously approved,with the following condition:
1. Subject to continued compliance with all local, state, and federal code requirements and
other standards as applicable.
e) Request for a Special Use Permit to operate an Automobile Sales and Repair and/or Service
facilities at property located at 430 Blue Lakes Blvd North of behalf on Country Auto, Inc. c/o
JUB Engineers. (PZ19-0011)
Staff Presentation:
City Planner Brock Cherry presented Request for a Special Use Permit to operate an
Automobile Sales and Repair and/or Service facilities at property located at 430 Blue Lakes
Blvd North.
The Special Use Permit process requires a public hearing in which interested persons have the
opportunity to be heard, with regards to the application.
The Commission shall make a decision on the request within thirty(30) days after the public
hearing. If Conditions of Approval are placed on the permit by the Commission,the
Administrator shall issue the permit specifically listing such conditions. Conditions shall be
implemented within 6 months or the permit is void.
If the Commission's decision is appealed within fifteen (15) days of the signing of the Findings
of Fact, City Council shall set a hearing date to consider all information,testimony and minutes
of the previous hearing to reach a decision on the appeal.
Per City and County records the southern building on the subject property was built in 1984
and was most recently operated by"Moxie Java".The northern building (as shown on the
Vicinity Map) has been demolished and was last operated as "Asian Massage".
This is a request to allow an Automobile sales and repair or service facility at 430 Blue Lakes
Boulevard North.The subject property is located in the Commercial Highway(C-1) Zoning
District.
The applicant intends to operate a used car lot, beginning with an inventory of 35-40 vehicles.
Hours of operation will be Monday through Friday from 9:00 A.M. to 6:00 P.M.,Tuesday 9:00
A.M. to 8:00 P.M., and Saturday 10:00 A.M. to 4:00 P.M.The applicant plans to have two (2)to
four (4) employees on site at all times.
Staff determines that the requested use is compliant with City Zoning Code and the
Comprehensive Plan.
If the Commission approves this request as presented,then staff recommends the following
conditions:
1. Subject to continued compliance with all local, state, and federal code requirements and
other standards as applicable.
Applicant Presentation:
Applicant Brian Glodowski presented his request for a Special Use Permit for an automobile
sales facility.Applicant stated he runs a clean operation. His current lot in Jerome would be
used for any auto storage.Twin Falls location would be a sales lot only.
PZ/Questions&Comments:
Commissioner Higley asked the applicant for clarification of display area.
Applicant clarified display area.
Public Hearing: Opened and Closed Without Input
Discussions Followed:
• Commissioner Musser asked staff about front landscaping on Blue Lakes Boulevard.
• City Planner Cherry reviewed arterial landscaping requirements and stated on the site
plan,the applicant has assured staff they will comply with the requirements.
• Commissioner Higley asked where the office will be located compared to the vehicle
display area.
• City Planner Cherry clarified the vehicle display and office areas.
• Applicant Glodowski stated parking to the north leave open for customer parking
spaces and display the vehicles to the south. He verified the customer parking for
businesses in the rear of complex are directly in front of the rear building.
• PZ Director Spendlove clarified there is enough parking designated for all businesses.
Motion:
Commissioner Hansen made a motion to recommend approval of the operate an Automobile
Sales and Repair and/or Service facilities at property located at 430 Blue Lakes Blvd North.
Commissioner Hawkins seconded the motion.
Unanimously approved,with the following conditions:
1. Subject to continued compliance with all local, state, and federal code requirements and
other standards as applicable.
f) Request to Vacate platted easements within Canyon Park Subdivision located at the 2000
block of Neilsen Point Place on behalf of Geronimo, LLC c/o EHM Engineers, Inc. (PZ19-0012)
Commissioner Hansen recused himself from this item.
Staff Presentation:
City Planner Steve O'Connor presented the applicant's request to Vacate platted easements
within Canyon Park Subdivision located at the 2000 block of Neilsen Point.
All procedures will follow the process as described in TF City Code: 10-16-1
Vacations & Dedications require a public hearing before the Planning Commission where the
public and the applicant will have the opportunity to make a presentation, ask questions, or
voice their concerns. The Planning & Zoning Commission will make a recommendation to the
City Council that the vacation be granted or it may recommend a modification to the
vacation, or it may recommend that the vacation be denied.
The subject easement is part of lot 6 in the Canyon Park Subdivision Plat, recorded in
December 2013.
This is a request to vacate a public utility easement to reroute existing utilities outside of the
proposed building pad.The developer would like this vacated to prepare for future
development.The city does not have a building plan submitted as to what that development
will be. As this easement is shown on a plat it must go through the public process to vacate it.
The applicant has provided all the required letters of approval from the various utility owners,
and all have agreed to the vacation. However, if a utility company has existing utilities they
have indicated a new one shall be provided as a condition of their approval.
Below is a list of existing utilities:
1. Cable One
2. Century Link
3. Idaho Power
4. Intermountain Gas
5. PMT
The commission is tasked with recommending approval, approval with conditions, denial or
you may table for more information. Should the Commission recommend approval, Staff
recommends the following conditions.
1. Subject to the recordation of a new utility easement/s for all existing utilities, prior to
official vacation of the platted easement.
Applicant Presentation:
David Thibault, EHM Engineers, representing applicant, presented the applicant's request for
vacation of current public easements for realignment for preparation of future development.
Applicant has reached out to utility owners. Applicant has reviewed staff conditions and finds
the conditions acceptable.
PZ/Questions&Comments:
• Commissioner Musser asked if the easement is vacated does commission have to
determine new easement.
• Mr.Thibault stated his understanding before the utilities sign off on relinquishment of
their easement, utility relocation will have to be determined by applicant.Vacation
paperwork will not be recorded until that time.
Public Hearing: Opened And Closed Without Input
Discussion Followed:Without Concerns
Motion:
Commissioner Musser made a motion to recommend approval of the request to Vacate
platted easements within Canyon Park Subdivision located at the 2000 block of Neilsen Point
Place. Commissioner Higley seconded the motion.
Motion recommended approval to City Council by a vote of four(4) in favor,zero (0) not in
favor, and one (1) abstention,with the following conditions:
1. Subject to the recordation of a new utility easement/s for all existing utilities, prior to
official vacation of the platted easement.
g) Request for a Special Use Permit to construct multiple fourplex buildings on a single lot at
1265 Cheney Drive West on behalf of WS&V, LLC c/o EHM Engineers. (PZ19-0013)
Commissioner Hansen returned to seat.
Staff Presentation:
City Planner Brock Cherry presented the applicant's request for a Special Use Permit to
construct multiple fourplex buildings on a single lot at 1265 Cheney Drive West.
The Special Use Permit process requires a public hearing in which interested persons have the
opportunity to be heard, with regards to the application.
The Commission shall make a decision on the request within thirty(30) days after the public
hearing. If Conditions of Approval are placed on the permit by the Commission,the
Administrator shall issue the permit specifically listing such conditions. Conditions shall be
implemented within 6 months or the permit is void.
If the Commission's decision is appealed within fifteen (15) days of the signing of the Findings
of Fact, City Council shall set a hearing date to consider all information,testimony and minutes
of the previous hearing to reach a decision on the appeal.
The property became part of the WS&V PUD#268 in 2014.Available records indicate the
subject property has been used for agricultural production.
This is a request to allow a fourplex multifamily development on a single lot located at 1265
Cheney Drive West.The subject property is zoned Residential Multi-Household (R-6) District
Professional Office Overlay(PRO) Planned Unit Development(WS&V PUD).
The applicant is proposing nine (9)fourplex buildings (36 units) be constructed on a single lot
on the subject property.The applicant intends to provide sixteen (16)three (3) bedroom units
and twenty(20)two (2) bedroom units.
Staff has determined that the request is compliant with both City Zoning Code and the
Comprehensive Plan if certain conditions of approval are required.
If the Commission approves this request as presented,then staff recommends the following
conditions:
1. Subject to continued compliance with all local,state, and federal code requirements and
other standards as applicable.
2.The eastern half of the roadway of Creekside Way be built with curb,gutter, and sidewalk
from Cheney Drive to Xavier Charter School prior to receiving Certificate of Occupancy.
Applicant Presentation:
Tim Vawser, EHM Engineers, representing applicant, presented the applicant's request. All
four-plex units will be built on one lot. Mr.Vawser stated the pictures being displayed are
shown as ideas of potential styles. Mr.Vawser outlined the lots of the subdivision. He stated
the area to the south of the property has been bought by Xavier Charter School for expansion.
He is asking for rewording to condition#2 to be stated to allow a hard walkway surface or
curb,gutter, and sidewalk due to the unknown of Xavier Charter School's plans for expansion.
PZ/Questions&Comments:
• Commissioner Higley asked for clarification on the request for leeway on condition #2
for the sidewalks.
• Commissioner Hansen asked for clarification on hard surface materials.
• PZ Director Spendlove stated the commission can add another condition#3 to state
the applicant must put in a temporary all weather pathway to be determined by City
Engineer instead of modifying condition#2.
Public Hearing: Opened And Closed Without Input
Discussions Followed: Without Concerns
Motion:
Commissioner Musser made a motion to recommend approval of the request, with conditions
approved by the Commission.
Commissioner Higley seconded the motion.
Unanimously approved
Approved,with the following amended conditions
1. Subject to continued compliance with all local, state, and federal code requirements and
other standards as applicable.
2.The eastern half of the roadway of Creekside Way be built with curb,gutter, and sidewalk
from Cheney Drive to Xavier Charter School prior to receiving Certificate of Occupancy.
3.The applicant must put in a temporary all weather pathway to be determined by the City
Engineer.
5) Upcoming Meeting(s)
a) Tuesday, March 26, 2019
6) Adjournment
The meeting adjourned at 8:24 pm
Kelli Ebersole,Administrative Assistant