Planning and Zoning Commission

City of Evanston Planning & Zoning Commission Board of Adjustment 1200 Main Street, Evanston, Wyoming 82930 Ph.# (307) 783-6470 Fax: (307) 783-6490 Email: jcampbell@evanstonwy.org Web: www.evanstonwy.org Planning and Zoning Commission Meeting Minutes May 2, 2016 6:00 p.m.-City Hall Commissioners Present: Maryl Thompson Kevin Adams Colton Ellingford Robert N. Smith Rowdy Dean Kimberly Begalla Heath Beaudry Staff Present: Dennis Boal, City Attorney DuWayne Jacobsen, Associate Planner Janel Campbell, Administrative Assistant Attorney Boal instructed Commissioner Ellingford to call the meeting to order. The meeting was called to order at 6:01 p.m. Attorney Boal requested the new Planning and Zoning Commission to nominate and elect officers for the Commission. It was suggested due to the simplicity if both Chairperson and Vice Chairperson serve on both the Commission and The Board of Adjustment. Nominations were mentioned by emails sent by Kevin Adams sending his nomination for Chairperson on March 30th, 2016 and Maryl Thompson submitting her interest in Chairperson via email on March 31st, 2016. Attorney Boal asked the Commission if there were any other nominations, with none mentioned he requested the vote be done by ballot. Commissioners returned there ballot and DuWayne Jacobsen took the tally and announced Maryl Thompson as Chairperson and Kevin Adams as Vice Chair. Chairperson Thompson asked for a motion to approve the election, a motion to approve was made by Commissioner Beaudry, seconded by Commissioner Smith. Motion carried. Attorney Boal then asked for nominations and election of The Board of Adjustment, Chairperson and Vice Chair would need to be elected. The Commissioners all took a vote to keep the Chairperson and Vice Chair the same for The Board of Adjustment. Chairperson Thompson asked for a motion to approve the election, a motion to approve was made by Commissioner Smith, seconded by Commissioner Beadry. Motion carried. With no old business to address, Chairperson Thompson proceeded to new business. Attorney Boal explained the legalities of the hearing stating that the applicant(s) would be heard from first, followed by those who were in favor of the applicant(s), and finally, from those who were opposed. He explained that this public hearing was a contested case hearing and that anyone who wished to contest the Commission’s decision must make it known to him at the closing of the hearing. Attorney Boal opened the hearing with CP 16-02 A request by Costa Vida for a Conditional Use Permit to allow a drive-thru use for a Costa Vida restaurant which is proposed to be located on part of Lots 4 and 5, Block 1 of the Walmart Addition subdivision. Lots 4 and 5 of the Walmart Addition are proposed to be subdivided into the three lot CAB Addition. The restaurant is proposed to be located on Lot 3 of the CAB Addition. Zoning for this property is Regional Business-Developing. (Section24-15(b)7) Mr. Brent Sanders, who resides at 105 Yellow Creek Road, Cook Sanders and Associates, was sworn in. Mr. Sanders is the engineer of the subdivision and works for the owner of the proposed lot. Mr. Sanders said he was happy to address the 20 items addressed to reassure the Commissioners that the site was within City Code. He addressed that lot 3 of the CAB Subdivision was where Costa Vita was going to construct the restaurant. Property is comparable as far as size goes to the existing restaurant properties. There is a 40 foot wide easement running between the proposed properties and existing McDonalds. The property will help the current parking lot by organizing the parking and stopping traffic from cutting through. The drive-thru width goes from a single circulation of 12’ lane to a two lane at 22’. The end of the drive-thru is an option to turn left or right. Commissioner Thompson had ask Mr. Sanders if there was going to be any landscaping. Mr. Sanders addressed there will be landscaping. Commissioner Smith suggested that the opening of the drive-thru we wider, more like 14’. Commissioner Ellingford asked if they could relocate the trash, and will there be traffic signs? Mr. Sanders said they had already relocated the trash to make it accessible for both lots and that there would be traffic signs. Attorney Boal asked if anyone in the audience had questions for the applicant. Attorney Boal asked if anyone else in the audience had questions for the applicant. With no questions, Attorney Boal asked if the Commission had questions for the applicant. Commissioner Demander, asked what current cost for training like this were and who pays for the training? Mr. Overy stated that the Fire District, private funding and volunteer fund raisers help pay for the training. Training requires travel across the state to similar type facilities. Riverton is Wyoming’s fire academy, it is approximately 220 miles away. After the facility is built and with approval we can host trainings and bring in outside tax dollars to stimulate the economy. Commissioner Sellers, How do these towers actually help our firefighters and is there statistics or data? Mr. Overy any training makes for a safer more educated community. Commissioner Petersen, it looked like the photos had white smoke. We are an oil related community would there ever be and oil fire? Mr. Overy, specific and special training are sent out of house. We are not approved for this type of training. This will never happen, City Code enforces this. Commissioner Mander, in Exhibit A, NFPA #1430, chapter 4.12.1 states fuel materials will only be wood products. Will there be any gas fire training? Will all training be inside the building? What about outside lighting during an exercise? Mr. Overy, we will not have gas. We currently have a trailer that they use for this type of training. Yes most training will be inside with occasional repelling on the outside. Most of the lighting will be provided by equipment, only lighting on facility will be for security. Commissioner Mander, does it have a basement? Can’t we take down the height by 8 feet by putting it in the ground? Mr. Overy, to his knowledge he has never seen any built like this. Ventilation is bad and it’s a safety issue. Commissioner Velasquez, there are concerns about the lighting on the existing fire station, will this structure have the same lighting? Mr. Overy, facility will have appropriate lighting for security purposes. Commissioner Mander, what is the siding material made of? Mr. Overy, corrugated steel and will complement the existing structure. Attorney Boal asked if there were any other questions from the commissioners. With no further questions, Attorney Boal asked if there are any witnesses to speak in favor of the application. Mr. Steven Harms whose mailing address is 749 Cochina Circle, Golden Colorado, was sworn in. Mr. Harms stated that these facilities are throughout the world. Materials for the structure will match the existing fire station. The siding is powder coated paint and made for longevity. These facilities enhance firefighters and volunteers through fire like training. Attorney Boal asked how many facilities are there worldwide and what is the closest? Mr. Harms stated that there are 600 facilities at this point and Park City is the closest. Attorney Boal asked if the Commission had questions. Chairman Straw had asked why we don’t have a final drawing for our building. Mr. Harms, they are being drawn up once the fire department decides what they want for training and what is most beneficial to the community. Attorney Boal asked if there was someone present who would speak on behalf of the Law Enforcement for their specific training within the facility. Mr. Mike Vranish with the Evanston Police Department, whose mailing address is 1148 Front Street, was sworn in. Mr. Vranish stated that it will be used for Law Enforcement training. Force on force and simunition guns will be used. They are similar to a paint gun, pop sound but it will not hurt your hearing. These guns are not lethal and there would never be live ammo. This facility would allow them to adjust walls, not break windows or ruin walls. Attorney Boal asked what simunition guns versus a 22 long rifle sound about the same. Mr. Vranish said a 22 long rifle will hurt your ears, these are way less than a 22 long rifle. Attorney Boal asked if the Commissioners had questions for the witness. With no further questions he asked if anyone in the audience wanted to speak in favor of the applicant. Mr. Paul Barnard whose residence is 246 Aspen Hills Court, was sworn in. Mr. Barnard said he is in favor of the facility going in. It is in his direct view and felt impressed after hearing and seeing all testimony. He is in favor of a fence going up to keep kids from playing on it. The height shouldn’t be a problem as it is only 5 feet heigher than the existing structure. Encouraged that if Park City will allow one, we should. He also felt that he didn’t think that it would bring down property values. He hopes the Commission would be in favor of the applicant. Attorney Boal asked if there was anyone else that would like to speak in favor. With no further discussion, he asked if there was anyone who wanted to speak in opposition of the applicant. Ms. Margret Magee whose residence is 226 Toponce Drive, was sworn in. Ms. Magee is in opposition of the proposal. She asked to view her pictures on the Power point. She felt that is would add more light pollution, needed to address ample lighting, use motion detectors, and not have 24 lights. She and neighbors felt it should not be in City Limits. Had they considered other locations? She felt that it’s going to cause air pollution and be a hazardous and cause health problems. Concerned about proper disposal after live exercises. Felt that there should be final blueprints for the audience and commission to see. She was concerned that the view shed would continue and thus make it worse with the new facility. Mr. Craig Furniss whose residence is 252 Hayden Avenue, was sworn in. Mr. Furniss is against this type of facility being in residential. Mr. Jim MaGee whose residence is 226 Toponce Drive, was sworn in. Mr. MaGee is worried about the smoke and health issues. Feels residents must be informed what training schedule is so residence have time to not be in the area. Mr. MaGee brought up the DEQ, Chapter 10, prohibits burning 500 feet from burn. DEQ requires a permit for each controlled burn. Will HAZMAT training use actual HAZMAT materials and store them. Noise and light pollution being an issue even with the current City Ordinances. The 40 foot height obstructing the view for many residence. He also feels that the surrounding landscape will seem like a junk yard, cluttered with debrit and waste because of facility and equipment. Concerned that is will effect property value and believes this type of a facility should not be in residential. He also requested a sight plan showing the 500 foot radius. Attorney Boal asked if anyone else in the audience would like to speak in opposition of the applicant. With no further discussion, Attorney Boal asked if the Commission had questions for the applicant. Commissioner Mander, why is there 24-7 lighting and can they be turned off. Commissioner Velasquez, lighting does seem to be too bright for the area. Mr. Overy, to address the blueprint, the general layout is what you see in front of you, this will not change. Walls are movable and final print will be determined once we decide what training we need. Lighting issue, this will be taken care of and the new structure will have safety lights and a fence for safety. The facility will not be a junk yard. We have always maintained our other facilities and will do so at this one. DEQ, we currently have to get burn permits and will continue to do so. HAZMAT is not permitted and will not ever be burned. As far as the 500 feet, he will look into it but believes it will not effect this facility. They will get a sight plan showing the 500 foot radius to him. Noise pollution, currently follow City Ordinance and will continue to do so. Smoke pollution, the actual smoke from these exercises is not more than a common camp fire puts off. If there is an inversion or poor quality of air, they will not have an exercise. Height issue, geographic view on the power point in reference to Toponce Avenue along with the height of the current fire station, view is over not through. The fire station is at 6919 and Toponce Avenue is at 6975, it is almost 60 foot difference. As far as out of town, they own the land and had this purpose in mind. Placement out of town would just make response time closer if there was a fire. Attorney Boal, have they constructed these facilities in residential areas. Mr. Overy, Yes, both Park City and Riverton are in residential areas. Of the 600 facilities, 60% are in residential areas. Commissioner Velasquez concerned that the issues would be addressed. Willing to work with surrounding neighbors on the light issues. Mr. Overy, we are good stewards and are willing to work with the community, they prefer interaction. Commissioner Demander, Can you make public notices or signs to make the public known of your exercise days? Mr. Overy, notification, signs, social media etc. Newspaper would be too costly. They are glad to act upon this opportunity. Attorney Boal had mentioned that this could go on all night, and that the Conditional Use Permit to be amended for allowing an accessory unit was being strayed from. Also the Height Exception were the issues at hand. With no further questions, Attorney Boal closed the hearing. Chairman Straw asked for comment from the commissioners. Commissioner Peterson, Feels that light is a security issue, and helps law enforcement. Does not feel that light pollution is an issue. Commissioner Demander would like the scale. Attorney Boal asked does the 500 feet apply and is there enough room on the lot? Chairman Straw, bottom line, they will burn only 2 times a month, retrofit the lighting on the old building and make sure the new building is the same. Likes the fencing for safety and it’s only a 5 foot difference from the existing fire hall. As far as the noise issue, this town is filled with noise, train, interstate, etc. this is a facility that will have scheduled exercised. Commissioner Mander made a motion to approve CP15-14 with staff recommendations. Commissioner Sellers Commissioner Sellers asked who was helping to clean up the new location. He mentioned that it looks nice. Ms. Lopez thanked Commissioner Sellers for his comment and mentioned that they have hired the work to be done. They have completed exterior improvements to the parking lot and landscaping. Interior improvements have not required any structural changes to the building. Commissioner Demander questioned, aside from painting the exterior of the building, if they were planning any building renovations. Ms. Lopez stated that they would not be renovating the building, but they are doing some improvements to the building. Commissioner Velasquez questioned the landscaping improvements. Ms. Lopez stated that they had someone address the weed issue on the property and remove weeds from the existing landscaped areas. There are existing plants that they will expand upon in the spring. Commissioner Bailey asked if they were going to do anything with the basement. Ms. Lopez stated that they are not going to do anything with the basement at this time. Commissioner Bailey asked if they were going to offer food and alcoholic beverages. Ms. Lopez stated that they would not offer food or alcoholic beverages at this time. If they are able to obtain a liquor license, they may offer alcoholic beverages at some point in the future. Commissioner Bailey questioned how many customers frequent their current location. Ms. Lopez said that on average they have between 200 to 300 customers per week. After the Wyoming Pari-mutuel Commission’s decision on Friday, they had no customers today. Attorney Boal questioned if she had obtained approval from the State Pari-mutuel Commission and the Uinta County Commissioners. Ms. Lopez stated that they have obtained approval by the State Pari-mutuel Commission last Friday; and depending upon the outcome of this hearing, she will ask to be placed on the Uinta County Commission’s agenda tomorrow. Attorney Boal asked if she realizes that the Planning Commission cannot grant anything that the State of Wyoming determines to be illegal. Ms. Lopez stated that she understands and added that they would not do anything to jeopardize their license. With no one present to speak in favor of or in opposition of the application, Attorney Boal asked if the Commission had any questions. With no further questions, the hearing was closed. Chairman Straw asked for a motion to approve CP 15-12. Commissioner Harvey made a motion to approve CP 15-12 with staff recommendations and to include landscaping requirements. The motion was seconded by Commissioner Demander. Chairman Straw asked for discussion. Chairman Straw asked Paul Knopf if the Commission should require some amount of landscaping. Mr. Knopf offered that Planning Department staff could work with the applicant to install some measure of landscaping. Chairman Straw agreed with Mr. Knopf’s proposal. Chairman Straw called for a vote. Motion Carried Unanimously. With no further business, the meeting was adjourned at 6:10 p.m. Mr. Knopf informed the Planning Commission that the next meeting is tentatively scheduled for Monday, November 2nd.