Planning and Zoning Commission

Planning & Development Department 1200 Main Street, Evanston, Wyoming 82930 Office: (307) 783-6459 Fax: (307) 783-6490 Email: djacobsen@evanstonwy.org Web: www.evanstonwy.org Planning and Zoning Commission Meeting Minutes June 5, 2017 6:00 p.m.-City Hall Commissioners Present: Maryl Thompson, Chairperson Kevin Adams, Vice Chairperson Heath Beaudry Kimberly Begalla Michael Day Rowdy Dean Robert N. Smith Staff Present: Denise Boal, City Attorney Dean Barker, City Engineer/City Planner DuWayne Jacobsen, Associate Planner Janel Campbell, Administrative Assistant Chairperson Thompson called the meeting to order at 6:00 p.m. Chairperson Thompson asked for a motion to approve the agenda for the June 5, 2017 meeting. A motion was made by Commissioner Adams, seconded by Commissioner Smith. Motion carried. Chairperson Thompson asked for a motion to approve the minutes from the March 6, 2017 meeting of the Planning Commission. A motion was made by Commissioner Smith, seconded by Commissioner Begalla. Motion carried. Chairperson Thompson welcomed Michael Day to the commission and proceeded to new business. Denise Boal, City Attorney welcomed Dean Barker, City Engineer/City Planner to the meeting then opened the public hearing with the following docket: CP 17-02 A request by David and Emily Huggins for a Conditional Use Permit to allow a private indoor recreational use as a principal use in buildings located at 370 and 390 Willow Street, Evanston, WY, which are zoned Medium Density Residential- Established (MR-E). The applicants are proposing a fitness facility in the steel building located adjacent to Highway 89 North and in a portion of the adjoining building located to the west. (Section 24-15 A. (24)) 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 the public hearings are contested case hearings and that anyone who wished to contest the Commission’s decision must make it known to him at the closing of the hearings. Mr. Nate Sponenburgh, who’s mailing address is 148 High Ridge Point, was sworn in. Mr. Sponenburgh is partners in the 7K Fit business. He was also at the meeting to speak on behalf of David and Emily Huggins. The business was purchased in February from Mr. Frank Gallegos who formerly operated Dyno Fit. The proposed business is to be operated similar to Dyno Fit. Class hours are from 5 a.m. to 7 a.m. and 5 p.m. to 7 p.m. The business will offer instructors versus having an open gym. Chairperson Thompson questioned noise levels and additional traffic. Mr. Sponenburgh responded that they are currently re-doing the parking lot with landlord approval and have replaced the sound system. The instructors wear headsets and train on individual levels and must be able to instruct. Noise levels are proposed to be lower than the previous business. They have spoken with neighbors and have received positive responses. Commissioner Smith questioned class hours and number of clients per class. Mr. Sponenburgh answered that class hours are at 5 a.m., 6 a.m., 5 p.m. and 6 p.m. There are approximately 10 clients per class. Commissioner Adams asked if there was a max number of clients per class. Mr. Sponenburgh stated that there are 2 instructors, a husband wife duo, with a maximum of 15 clients per class. Commissioner Beaudry questioned business hours on the weekend. Mr. Sponenburgh stated that the facility will operate 24 hours a day 7 days’ a per week. Classes aren’t offered on the weekend, but facility rules will apply to weekend use. Commissioner Begalla questioned if the building is air conditioned and if there would be noise with the doors open. Mr. Sponenburgh answered that there is no air conditioning. When the doors have been open, they have not had any issues with noise. With no further questions, Attorney Boal asked if there was anyone present to speak in favor of the application. Carl Miller, who resides at 376 Birch Street, was sworn in. Mr. Miller stated that the business is located directly behind his residence. He has lived there for more than 3 years and has no complaints about the business. Loretta Howieson, who resides at 115 Alecia’s Way was sworn in. She stated that the applicants asked her to be present. She has been going to this business since it was operated under different ownership. The business operates similar to the previous business with the exception that noise levels are lower. The new owners changed out the sound system, and the instructors can control the volume with their phone. She currently goes to the 5 a.m. class, and it is cool enough that the doors are not open. During July and August, they will have to open the doors but have not experienced any noise problems. With no one present to speak in opposition to the application, Attorney Boal asked if the Commissioners had any questions. With no further questions, the hearing was closed. Chairperson Thompson asked for a motion to approve CP 17-02. Commissioner Beaudry made a motion to approve CP 17-02 with staff recommendations, seconded by Commissioner Smith. Chairperson Thompson asked for discussion. Commissioner Begalla suggested a 1-year probation period along with staff recommendations. Chairperson Thompson questioned if they would need to re-apply in a year. Mr. Jacobsen stated yes, they would need to re-apply in a year. Commissioner Beaudry stated he did not agree with the 1-year probation. Commissioner Begalla removed the recommendation for the 1-year probation. With no further discussion, Chairperson Thompson called for a vote. Motion Carried Unanimously. Attorney Boal introduced the next item on the agenda. CP 17-03 A request by Katrina Pedersen for a Conditional Use Permit to allow a daycare facility as the principal use of the property located at 1137 Main Street, Evanston, WY, which is zoned Regional Business-Established (RB-E). (Section 24-15 B. (32)) Ms. Katrina Pedersen, who resides at 2219 Wasatch Rd, was sworn in. She would like to run a daycare at 1137 Main Street. She is licensed for 10 children but would like to be licensed for 15. She currently runs the business out of her home. Her goal is to have a bigger place. Currently she experiences around 3 cars at a time for parents picking up and dropping off their children. She is wanting to expand her business. Attorney Boal asked if there was anyone in the audience with questions for the applicant. Chairperson Thompson questioned why the lease was signed before approval of the conditional use permit. Ms. Pedersen replied that the property was offered for lease and wanted to lock in before it was rented. Chairperson Thompson stated that there is a fence in the front yard but not in the back yard. She questioned if the fence was going to be repaired and if fencing would be added to the back yard. Ms. Pedersen said an inspection by the state is required, and the fence will be brought up to code. Chairperson Thompson questioned if the state will complete an electrical inspection. Ms. Pedersen said the state is thorough and involves fire and safety. She is aware that the building will need a new furnace. With no further questions, Attorney Boal asked if there was anyone present to speak in favor or in opposition of the applicant. With no one present to speak in favor of or opposed to the application, Attorney Boal closed the hearing. Chairperson Thompson asked for a motion to approve CP 17-03. Commissioner Adams made a motion to approve CP 17-03 with staff recommendations, seconded by Commissioner Day. Chairperson Thompson asked for discussion. Chairperson Thompson asked if the 5,500-square foot lot includes the separate rental unit in the back. Mr. Jacobsen replied that the lot area does include the separate rental unit. Commissioner Begalla stated that the front yard has an open view from Main Street and questioned if there should be a barrier for safety considerations. Ms. Pedersen replied that Department of Family Services does not require a barrier to block the view of children from others. All kids will be continually supervised. She currently has one staff and will be hiring another. She plans to fence off the side of the house. Chairperson Thompson stated that the front yard fence would need to maintain a 4-foot height. Chairperson Thompson suggested that an electrical inspection be included with the with the motion to approve CP 17-03. Commissioner Adams stated that the State Fire Marshall’s Office will complete this review. Chairperson Thompson was ok with the original motion. With no further discussion, Chairperson Thompson called for a vote. Motion Carried Unanimously. Attorney Boal introduced the next item on the agenda. HE 17-02 A request by Robert Peterson for a Height Exception to allow a fence to exceed the maximum height limitation of four feet within the front yard setback area for property located at 316 Sage Street, Evanston, Wyoming which is zoned Low Density Residential-Established (LR-E). The applicant is proposing to construct a six-foot tall fence within the 20-foot front yard setback area located along Sage Street to enclose a garden. (Sections 24-22 and 33) Mr. Robert Peterson, who resides at 316 Sage Street, was sworn in. Mr. Peterson would like to erect a 6-foot fence to keep out deer and theft from his garden. The fence would enclose the garden which is already established. Chairperson Thompson asked why a 6-foot fence was needed instead of a 4-foot fence. Mr. Peterson stated that the current 4-foot fence is not effective. Attorney Boal asked if the audience had questions for the applicant. There were none. Attorney Boal asked Mr. Peterson what he grows. Mr. Peterson said that he grows broccoli, cauliflower, lettuce, and just about everything. Commissioner Adams commented that it appears the fence will take out part of the garden. Mr. Peterson replied that he is sacrificing 2 feet of the garden to do this fence. Commissioner Smith asked staff if a 4-foot fence could be extended in height with other fence materials. Mr. Jacobsen stated that fence heights would need to comply with the maximum height requirements of the Evanston City Code. Mr. Peterson stated that he would be following requirements and that he is sick of balls and deer going into his yard. Commissioner Begalla questioned if a 6-foot fence would be enough. Mr. Peterson replied no. Attorney Boal asked if there was anyone present to speak in favor of or in opposition to the application. With no one to speak in favor of or in opposition to the application, Attorney Boal closed the hearing. Chairperson Thompson asked for a motion to approve HE17-02. Commissioner Smith made a motion to approve HE17-02 with staff recommendations, seconded by Commissioner Begalla. Chairperson Thompson asked for discussion. Chairperson Thompson questioned if he had received neighbor’s permission. Mr. Peterson replied, yes. With no further discussion, Chairperson Thompson called for a vote. Motion Carried Unanimously. Under other business, Mr. Jacobsen stated that there would be an upcoming City Subdivision Review Committee meeting to review a major subdivision for a new LDS church. Aaron Bleak with EA Architecture is present and represents the LDS church. Mr. Jacobsen briefed the Commission about the site development plans submitted by EA Architecture and the proposed subdivision. Mr. Bleak explained the purpose for the new meeting house. The building will be used throughout the week and not just on weekends. The location has good access to the street and will have 238 on-site parking spaces. There will be three congregations attending the church, but no more than two congregations will attend at one time. No off-premise parking is anticipated. Site improvements include: extending utilities to the site, construction of the church building and an accessory storage building, constructing a refuse enclosure, and landscaping enhancements. The church building will be constructed with brick veneer siding and an asphalt shingle roof. Commissioner Smith questioned the size of the site. Mr. Bleak replied that the site plan shows 4.5 acres, but it will be increased to 5 acres. Commissioner Smith stated that he has seen new churches constructed on sloped properties. Instead of concrete retaining walls, rock retaining walls are incorporated into the landscape design. He encouraged the LDS church to landscape the property similar to other church properties that he has seen. Mr. Bleak replied that he likes the idea and will consider it. Commissioner Adams questioned if the church building would be a ward or stake center. Mr. Bleak stated that he was not sure, but he knows that the stake office is supposed to be moved to this location. Commissioner Adams questioned if there will be enough parking for the stake center. Mr. Bleak responded that there will be enough parking for the church. Commissioner Smith questioned if they will need an agreement with the High school about parking. Mr. Bleak replied that currently, no agreement would be needed. Commissioner Begalla questioned if the road will need to be widened for turning. Mr. Bleak stated that the road will be widened approximately 10 feet along the front of the property. Attorney Boal stated that the road widening would be similar to the road widening requirements of Canyon Village Townhouses. Chairperson Thompson asked if there was a name and for the subdivision and timeline to complete the subdivision. Mr. Bleak replied that the subdivision does not have a name. They would like to complete the subdivision as soon as possible. With no other business, Chairperson Thompson mentioned future meeting dates: July 10, August 7 and September 11. Chairperson Thompson stated that she will be gone for the July 10th meeting. With no further business, the meeting was adjourned at 6:50 p.m.