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AGENDA HAILEY PLANNING & ZONING COMMISSION Monday, November 5, 2018 Hailey City Hall 5:30 p.m. Call to Order Public Comment for items not on the agenda Consent Agenda CA 1 Adoption of the Meeting Minutes of October 15th, 2018. ACTION ITEM CA 2 Adoption of the Findings of Fact, Conclusions of Law and Decision of a Design Review Application submitted by Steven Thomas, represented by Floyd Town Architect P.A., for a new 3,797 square foot airport hangar, to be located adjacent to an existing hangar at 1310 Airport Circle, in the Airport (A) Zoning District. ACTION ITEM CA 3 Decision upholding an administrative decision of the Planning and Zoning Administrator regarding an appeal by Chauncy Gardner of Planning and Zonings Administrator’s Interpretation of Code Memorandum dated August 13, 2018 regarding Sober Living located at 220 S 2 nd Ave ( Lots 23 and 24, Block 26, Hailey Townsite). ACTION ITEM Public Hearings PH 1 Consideration of a Conditional Use Permit Application by Four Paws Grooming, for overnight VIP Pet Boarding, to be located at 519 South Main Street (Lots 8, 9, 10, Block 8, 20’ of Chestnut Street adjacent to Lot 10, Block 8), which is located in the Business (B) and Townsite Overlay (TO) Zoning Districts. ACTION ITEM PH 2 Consideration of Design Review Application by Gina Storey, represented by Errin Bliss, for a new 3292 square foot Car Wash Tunnel, to be located at 805 and 809 S 3 rd Ave, Hailey (Lots 1-8, Block 135, Hailey Townsite) within the Limited Business (LB) and Townsite Overlay (TO) Zoning Districts. ACTION ITEM PH 3 Consideration of approval by the Hailey Planning and Zoning Commission of an Annexation Application from 2-IT Ranch, LLC, to annex 11785 State Highway 75 (SWNW TL 7137, Sec. 4, T2N, R18E), comprising a total of 12.91 acres, into Hailey City Limits. Recommended zoning of the property is Limited Residential 2 (LR-2) and Recreational Green Belt (RGB). Included in the annexation request is a Planned Unit Development request and Preliminary Plat. This item will not be heard but is to be continued to the December 3 rd meeting per applicant request. ACTION ITEM Staff Reports and Discussion City of Hailey COMMUNITY DEVELOPMENT DEPARTMENT Zoning, Subdivision, Building and Business Permitting and Community Planning Services 115 MAIN STREET SOUTH (208) 788-9815 HAILEY, IDAHO 83333 Fax: (208) 788-2924
Transcript
Page 1: City of Hailey · CA 1 Adoption of the Meeting Minutes of October 15th, 2018. ACTION ITEM . CA 2 Adoption of the Findings of Fact, Conclusions of Law and Decision of a Design Review

AGENDA HAILEY PLANNING & ZONING COMMISSION

Monday, November 5, 2018 Hailey City Hall

5:30 p.m. Call to Order Public Comment for items not on the agenda Consent Agenda CA 1 Adoption of the Meeting Minutes of October 15th, 2018. ACTION ITEM CA 2 Adoption of the Findings of Fact, Conclusions of Law and Decision of a Design Review

Application submitted by Steven Thomas, represented by Floyd Town Architect P.A., for a new 3,797 square foot airport hangar, to be located adjacent to an existing hangar at 1310 Airport Circle, in the Airport (A) Zoning District. ACTION ITEM

CA 3 Decision upholding an administrative decision of the Planning and Zoning Administrator

regarding an appeal by Chauncy Gardner of Planning and Zonings Administrator’s Interpretation of Code Memorandum dated August 13, 2018 regarding Sober Living located at 220 S 2nd Ave ( Lots 23 and 24, Block 26, Hailey Townsite). ACTION ITEM

Public Hearings PH 1 Consideration of a Conditional Use Permit Application by Four Paws Grooming, for

overnight VIP Pet Boarding, to be located at 519 South Main Street (Lots 8, 9, 10, Block 8, 20’ of Chestnut Street adjacent to Lot 10, Block 8), which is located in the Business (B) and Townsite Overlay (TO) Zoning Districts. ACTION ITEM

PH 2 Consideration of Design Review Application by Gina Storey, represented by Errin Bliss, for

a new 3292 square foot Car Wash Tunnel, to be located at 805 and 809 S 3rd Ave, Hailey (Lots 1-8, Block 135, Hailey Townsite) within the Limited Business (LB) and Townsite Overlay (TO) Zoning Districts. ACTION ITEM

PH 3 Consideration of approval by the Hailey Planning and Zoning Commission of an Annexation

Application from 2-IT Ranch, LLC, to annex 11785 State Highway 75 (SWNW TL 7137, Sec. 4, T2N, R18E), comprising a total of 12.91 acres, into Hailey City Limits. Recommended zoning of the property is Limited Residential 2 (LR-2) and Recreational Green Belt (RGB). Included in the annexation request is a Planned Unit Development request and Preliminary Plat. This item will not be heard but is to be continued to the December 3rd meeting per applicant request. ACTION ITEM

Staff Reports and Discussion

City of Hailey COMMUNITY DEVELOPMENT DEPARTMENT Zoning, Subdivision, Building and Business Permitting and Community Planning Services

115 MAIN STREET SOUTH (208) 788-9815 HAILEY, IDAHO 83333 Fax: (208) 788-2924

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SR 1 Discussion of current building activity, upcoming projects, and zoning code changes. (no documents)

SR 2 Discussion of the next Planning and Zoning meeting: Thursday, November 8, 2018. (no documents)

Five Minute Break

Hailey’s Town Square Workshop Monday, November 5, 2018

Hailey City Hall The City of Hailey has begun to actively plan for a Town Square and will be hosting two workshops in November to assess and identify the best site. Residents and business owners are invited to attend one of the two workshops scheduled to help assess which site is best relative to the surrounding points of interest, traffic circulation and parking patterns, key crossings or intersections, and sun/shade or other environmental elements. In future months, we will be working on designing the programs and the specific amenities for the favored site. Lastly, costs will be estimated and funding secured for the project. Workshop Station Criteria

Station Elements shown on map Notes Points of Interest and Adjacent Land uses

Points of interest such as public buildings, museums, restaurants, etc. Identify key land uses adjacent or nearby: residential, commercial, institutional, etc.

Each participant uses sticky notes to make comments on the map, and/or write comments on a flip chart at the station

Circulation and Parking, Public and Private

Describe key circulation issues problems spots- such as access to private parking lots Conceptually describe parking off alley for sites that close the street

Bike/pedestrian access/crossing main Street

Identify key crossings (Croy path) Identify other bike/pedestrian barriers (if any)

Environmental conditions: sun/shade, noise, other

Identify key existing shade/shadows Highway noise- same for all sites?

Transit Help Mtn. Rides team Summary Station Synthesis of stations!

Chance to vote on “favorite”, and/or list sites not identified

Each participant has 3 labeled dots (1,2,3) and they place #1 on their first-choice site, and so on

Next Workshop is scheduled for Tuesday, November 13, 2018 at 4:30 pm at the Hailey Public Library. Drop in any time between 4:30 and 6:30 p.m.

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Return to Agenda

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MEETING MINUTES

HAILEY PLANNING & ZONING COMMISSION

Monday, October 15, 2018

Hailey City Hall

5:30 p.m.

Present

Board: Owen Scanlon, Jeff Engelhardt, Chair Janet Fugate, Richard Pogue, Dan Smith

Staff: Chris Simms, Lisa Horowitz, Robyn Davis, Jim Phillips

5:28:05 PM Call to Order

5:28:28 PM Public Comment for items not on the agenda

5:28:35 PM Public Speaker (name not given) asked the about findings of fact from the last meeting, stating they were contradictory to what the neighbors of Robin Hood understood versus what the Board was actually voting on. Simms stated to Chair Fugate, that he would direct the audience to limit their comments now to what she just called for. That this matter would be addressed, Chair Fugate confirmed would be addressed in the Consent Agenda.

No other comments, Chair Fugate moved to Consent Agenda. 5:29:16 PM

Consent Agenda

5:29:26 PM Simms stated the staff request to pull CA 2, the second item marked CA 2. Chair Fugate asked if should call it CA 3. Simms Agreed.

CA 1 Adoption of the Meeting Minutes of October 2nd, 2018. ACTION ITEM

CA 2 5:29:24 PM Adoption of the Findings of Fact, Conclusions of Law and Decision a flood hazard development permit for a preliminary plat of the Carbonate View Subdivision. The proposed project consists of a fourteen (14) lot subdivision, with an associated neighborhood park and park access, containing some regulatory floodplain. The southwestern portion of the proposed subdivision is partially located in the Special Flood

City of Hailey COMMUNITY DEVELOPMENT DEPARTMENT Zoning, Subdivision, Building and Business Permitting and Community Planning Services

115 MAIN STREET SOUTH (208) 788 9815

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Hazard Area (SFHA) of FIRM Panel 0664E, dated November 26, 2010. The existing FIRM shows AE zones, with defined base flood elevations, in the vicinity of the subdivision. ACTION ITEM

5:29:41 PM Scanlon motioned to approve CA 1 and CA2, Pogue seconded. Smith abstained, remaining in favor.

CA 3 5:29:34 PM (Previously second CA 2 item) Adoption of the Findings of Fact, Conclusions of Law and Decision Preliminary Plat Application for Carbonate View Subdivision, represented by Galena Engineering, on behalf of W. Squared, LLC, where Tax Lot 8364 S. 9 & 16, T2N, R18E, Hailey, is resubdivided into fourteen (14) single-family lots, ranging in size from 7,053 square feet to 9,270 square feet. All of the lots will have frontage on W. Chestnut Street. A 28,646 square foot, open space parcel is proposed to be dedicated to the City of Hailey to meet the open space requirements. The project is located in the General Residential (GR) Zoning and Floodplain (FP) Overlay Districts. ACTION ITEM

5:30:19 PM Horowitz stated she had a conversation with Martin Flannes and subsequently conversations with a number of other neighbors a week after the approval of the Preliminary Plat. Horowitz explained during the conversation with Flannes that they discovered the neighbors had a different impression of the plat note, pertaining to the extension of Almond St. and what was adopted. Horowitz explained they had been looking at a previous plat note that said emergency access only and that we had put on record the plat note that had been submitted that morning reading public access. Horowitz confirmed there was a big misunderstanding for those who took time to comment that night. For this reason, staff is suggesting that this board consider a motion of reconsideration and another public hearing on the matter of the extension of Almond St. 5:30:58 PM Simms stated Horowitz summarized the issue well, that he had reviewed some of the public comment that had come in after and agrees with Staff it is the best process to open this back up for public comment and further deliberation on this issue. Simms explained the process in the code to do this. 5:31:47 PM Chair Fugate clarified that those who voted for this, one of them need to make a motion, with a second and then after a discussion, they vote on it. 5:32:10 PM Simms stated Smith had recused himself so he is not eligible for this. 5:32:20 PM Scanlon asked if a date for the meeting had been decided. Horowitz suggested a Special Meeting to be held on November 8, 2018 at 5:30 P.M.

5:32:30 PM Scanlon motioned to reconsider the recommendation for approval of subdivision to November 8th, 2018 at 5:30 PM, Pogue seconded. Smith abstained, remaining in favor.

5:34:06 PM 5:32:50 PM Chair Fugate stated she wants to make sure everything is above par, it was very clear there was a misunderstanding on what was happening. Chair Fugate

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agrees it is appropriate to have this discussion and be on the same page. No other comment.

5:33:20 PM Chair Fugate asked all in Favor of reconsideration of consent agenda item number 3 to date certain of November 8, 5:30 P.M. special meeting. All in Favor please say I. Chair Fugate, Pogue, Engelhardt and Scanlon are in favor. Smith abstained.

Public Hearings PH 1 5:34:38 PM Consideration of a Conditional Use Permit Application by Four Paws

Grooming, for overnight VIP Pet Boarding, to be located at 519 South Main Street (Lots 8, 9, 10, Block 8, 20’ of Chestnut Street adjacent to Lot 10, Block 8), which is located in the Business (B) and Townsite Overlay (TO) Zoning Districts. To be continued on record to next meeting. ACTION ITEM

5:34:41 PM Horowitz explained this project is to be continued to the next meeting and suggested to open to public comment.

5:35:07 PM Chair Fugate explained project will not be heard tonight and opened public comment.

5:35:45 PM Peggy Miller, 501 S Main St, lives a block away, wanted to know if an onsite person would be there through the night.

5:36:47 PM Chair Fugate closed public comment.

5:37:30 PM Pogue motioned to continue the public hearing to November 5, 2018. Smith Seconded. All in favor.

PH 2 5:37:50 PM Consideration of a Design Review Application submitted by Steven Thomas, represented by Floyd Town Architect P.A., for a new 3,797 square foot airport hangar, to be located adjacent to an existing hangar at 1310 Airport Circle, in the Airport (A) Zoning District. ACTION ITEM

5:38:10 PM Davis noted that the waste water department did provide comments that were not included in the staff report. Waste Water Department suggest a floor drain to be eliminated to mitigate any oil or fuel from depositing into the waste water system. 5:38:45 PM However, if the applicant chooses to retain the drain, a 1000 gallon grease interceptor shall be installed. Chair Fugate confirmed a 1000 gallons, asked how the tank is emptied and if it is serviced. Davis confirmed it does get serviced and noted no other hangars have a floor drain. Chair Fugate clarified for that reason, Davis confirmed. 5:39:33 PM Ed Terrazas, stated the floor drain is an issue that will need to be discussed with Jim Lynch, the Building Official and if it is not required does not want to put it in. Terrazas stated the height (approximately 30ft), width (66ft) and length (53ft) of the hangar, it is a ground lease, and pointed out the location in question. Terrazas proceeded

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to describe current location and coloring of the hangar, explaining the current color is gray but can go with brown/tan if prefer. Terrazas discussed the hangar square footage including restrooms, pilot lounge and hangar space. Terrazas stated the drain, if required, will be in the center of the hangar with the floor sloped towards the drain. Terrazas discussed the code requirements for containing the fuel and other fluids. Terrazas described the materials to be used and explained the intention is to have all draining go off the back of the building and has a snow retention device to prevent snow from moving. 5:42:46 PM Scanlon asked about the surface around the building, Terrazas stated it was gravel. Scanlon asked if will leave the gravel or pave it. Terrazas stated will leave the gravel. 5:43:39 PM Terrazas explained there is a man door on one side of the building and on the opposite side is a roll up door to be able to move items in or out. 5:43:57 PM Terrazas pointed out the temporary fencing plan during construction and that the hangar is all in the TSA area. That there is no public access unless people are carted or go through security.5:44:21 PM Pogue asked how many planes they plan to house, Terrazas answered with just one at this time. 5:44:52 PM Scanlon asked how the mezzanine storage is reached, Terrazas stated there is a moveable ladder. Scanlon asked what the lowest point of the ceiling is where the plane is stored, Terrazas stated 20 feet 6 inches, is the minimum distance they have to maintain. Scanlon asked what the height of the tail of the plane is, Terrazas stated 17 feet 9 inches. 5:45:41 PM Scanlon asked if the front carriage were to collapse and the rear goes up is there enough clearance. Terrazas explained plenty of room. Engelhardt asked what the purpose of the code requirement for the floor drain is. 5:46:27 PM Terrazas explained the purpose is if there is a leak from the aircraft it keeps it contained inside of the drain preventing it from going into the sewer system. 5:47:31 PM Pogue asked about fueling process while in the hangar, Terrazas stated the lease prohibits it as well as any maintenance. 5:48:14 PM Smith asked about the lot size versus the square footage of building, stating building is larger than lot lease. Terrazas explained this is due to including the square footage of the mezzanine area. Smith asked if there were ground mounted or roof mounted equipment. Terrazas stated no. Smith stated there was a concern about needing height approval from the FAA for the height of the building at 34 feet 5 inches. Terrazas confirmed he just received the certificate from the FAA when walked in and will pass on to Robyn. Scanlon asked if the coloring would all be same. Terrazas said applicant’s intent is to not have this hangar standout.

5:50:05 PM Chair Fugate opened public comment. No public comment.

5:50:24 PM Chair Fugate closed public comment.

5:50:33 PM Chair Fugate clarified that she is correct that one of the conditions requires documentation showing this meets the FAA standards. Davis confirmed. Chair Fugate asked if Davis could further discuss the requirements and the fact that there no drains in the other hangars. Davis stated issue came up this afternoon. Davis and Horowitz confirmed will need to discuss with the Waste Water Department and the Building

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Official. Chair Fugate asked if needed to have a condition specific to the floor drain. Horowitz explained if condition reads generic infrastructure requirements shall be met that should be sufficient. Chair Fugate asked if it specifically should refer to a drain. Davis said we can add it as a sub category to C. Chair Fugate stated she thinks we should include that. Smith suggested verbiage of a floor drain to be determined. Chair Fugate said she was good with that.

5:52:55 PM Smith motioned to approve the Design Review Application submitted by Dr. Steve Thomas, represented by Floyd Town Architect, P.A., for approval of a new 3,797 square foot airport hangar, to be located adjacent to an existing hanger at 1310 Airport Circle #4B, in the Airport (A) Zoning District, finding that the project does not jeopardize the health, safety or welfare of the public and the project conforms to the applicable specifications outlined in the Design Review Guidelines, applicable requirements of the Zoning Title, and City Standards, provided conditions (a) through (i) as amended, are met. Pogue seconded. All in Favor.

5:53:42 PM Pogue recused himself from the appeal. Simms also recused himself from the appeal and introduced Jim Phillips. Chair Fugate asked about design review exemptions, Horowitz explained those items are not being voted on just included in the packet as informational.

Appeal

1 5:54:52 PM An appeal by Chauncy Gardner of Planning and Zonings Administrator’s Interpretation of Code Memorandum dated August 13, 2018 by Lisa Horowitz regarding Sober Living located at 220 S 2nd Ave ( Lots 23 and 24, Block 26, Hailey Townsite). ACTION ITEM

5:55:13 PM Jim Phillips, the local attorney hired to represent the City of Hailey as Chris Simms had to recuse himself. Phillips provided a brief history of himself. 5:55:59 PM Horowitz stated will start with Phillips outlining the procedural process. Phillips explained the procedural process is set out in the zoning ordinance that it basically says if someone files an appeal, the decision of the administrator goes to the Planning and Zoning Commission. Phillips explained their job tonight will be to review and determine whether or not Horowitz’s interpretation was correct. 5:56:41 PM Phillips explained it is a fairly straight forward procedure, it is not a public hearing and only the applicant and representative of the applicant can address the commission. It is a hearing based solely on the record that was before Horowitz at the time she made her decision. Phillips stated the decision of the Commission is also subject to appeal to the City Council. 5:57:17 PM Horowitz stated they had the appeal packet in front of them, she made a code interpretation decision on August 13, 2018. Horowitz explained this is something we routinely put in our files if a question arises that we think a future planner or director may want to understand how we interpreted. It is called code interpretation and is a memo to the file. 5:57:49 PM Horowitz stated in this case the question is what is a sober home under city or state law

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where eight or fewer persons with disabilities reside together who are supervised. 5:58:05 PM Horowitz stated because it was determined early on from some of the correspondence on August 1st, our regular attorney Chris Simms had recused himself. That she turned to the Association of Idaho Cities and asked Jerry Mason if he would advise us. Horowitz stated he did advise us under Mason and Strickland, his law firm by providing a letter on August 9th, 2018. Horowitz explained this letter is in the packet and explains where Mason felt that this use fell in Idaho law and under our code. Horowitz stated that the primary basis for her interpretation was the August 9th letter from Mason and Strickland. Horowitz explained what he referred to was Idaho Code 67-6531. 5:59:22 PM Horowitz pulled Idaho Code 67-6531 up on the screen and read it aloud. Horowitz stated she used this as the basis for her determination that the use proposed was a single family use which is a permitted use in the Transitional Zone District. Phillips does not have additional comments to add at this time. Chair Fugate stated there seemed to be a number four that was not included in the letter received. Horowitz explained this was the statute that Mason used for his basis that he instructed her. Chair Fugate asked if that was the complete statute. Phillips explained this is the complete statute but that there is another statute that he is sure the appellant will refer too but it is a different statute, an accompanying statute. Phillips stated it immediately follows this one. 6:00:40 PM Horowitz stated they can now turn to appellant. Mike Pogue, representing appellant Chauncy Gardner and a number of other residents and neighbors opposed. Pogue thanked the staff and commission for taking the time in reviewing this. Pogue stated he wants to be clear that this is not a referendum on whether or not sober living homes serve a purpose, whether they are necessary, and beneficial. Pogue thinks it is acknowledged by all that that is the case. The question they have right now, it is more limited as to whether or not this proposed use constitute a sober home which can be permitted without any restrictions and more importantly is properly within the transitional zone within the City of Hailey. 6:02:00 PM Pogue explained what the appellant is appealing is the determination of the staff in its August 13th, 2018 Code Interpretation letter, that the proposed code interpretation rather than the proposed Sober Living home with eight or fewer residents is a single family residence which is subject only to the restrictions relating to exterior changes have to be subject to design review and interior modifications require a building permit. Pogue stated he thinks what the commission will see in conjunction with reading the statute that was not considered by the city or staff is that in fact the commission is free to impose restrictions. Which would not only make this not an appropriate use within the Transitional Zone but the restrictions would suggest it is really does not serve the city purpose as the transitional zone is defined. Pogue stated what the commission could do at the conclusion of this hearing or if it takes the matter under review is 1 of 4 things. 1) Uphold the city staff determination across the board, yes they made the right call case closed. 2) Finding that in fact is not a single family dwelling use and this interpretation or rather this conclusion is not accurate. 3) That it is a single family but is not the type of single family dwelling that is proper within the transitional zone, which has a very specific meaning and purpose per Hailey Zoning Code. 4) That this is a single family residence that can be permitted in transitional zone but is subject to certain conditions. That this is not the time or place to determine what those conditions are. Pogue suggested City should consider options under 2 or 3. Pogue stated what the staff is seeing as a citation to 67-6531 which states eight or fewer unrelated people

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living together with disabilities which include drug or alcohol dependency should be considered a single family residence. 6:05:16 PM Pogue stated what the staff and city he hopes is seeing is that the second statute 67-6532 which contains a sub 4, that sub sections 2 and 3 state that a city can impose additional requirements or zoning restrictions on a single family residence as defined by 67-31 except the limitations, except that it can and that he is paraphrasing, if the home has residents who are on parole, subject to safe supervision or if it poses a health and safety risk. Pogue stated they have submitted materials to the commission that show, mainly application materials up for the proposed home that it does accept people on felony probation or other probation and 6:06:27 PM in comments to the press, comments were made that yes this type of sober living facility is suitable for people on this type of supervised release. 6:06:42 PM Pogue stated they provided some legislative history to the commission, which specifically states that this sub section 4, enacted in 2008, was added into language of code so that local governments had greater latitude in applying zoning procedures and conditions to group homes. 6:07:01 PM Pogue stated where this group home is being proposed right now is in the transitional zone, according to the City of Hailey code, a transitional zone is specifically to provide a buffer zone between residential and business areas within the Townsite Overlay district and to provide restricted business activities within the residential area. Pogue stated in the reading he has done that he was not aware of before becoming involved in this was that one of the reasons the determination was made that these types of homes need to be considered single family residences is because the 6:07:50 PM therapeutic needs for the residents are best served in a purely residential setting and needs to be treated like a regular house and like a regular general residential neighborhood. Pogue does not think that use is ideal for the transition zone which has been recognized to be some type of transition between residential and business zones. Pogue stated with the allowance that the city has to determine or to allow additional restrictions and apply its own zoning ordinances to a sober living home that falls within this exception. 6:08:43 PM Pogue stated what he thinks the city is free to do permitted by statute is to look at what this use actually constitutes, which he thinks is more akin to a rooming or boarding house which is not permitted in the transitional zone but is specifically permitted in the general residential zone and other zones throughout the city. Pogue thinks that it is a proper selection that can be made and recognized. But that the city need not make that determination to reach the conclusion. That if it decides to treat it as a single family dwelling and not a boarding house or other type of use, Pogue thinks commission is free to and should draw determination that if we are going to look at it as a purely residential use, this not the type of use that should be permitted or allowed within the transitional zone. Pogue thinks if you look at the purpose of what the zone is, it is not a limited business, professional services use that thinks is served best by type of planning the city wanted to do to outside of the business corridor. Pogue stated he thinks finally the determination could be made that we are going to deem, given the fact that we do need to allow these other exceptions that we need to have further conditions in terms of licensing, supervision, determining whether or not certain state standards need to be met. Pogue stated finally important to note that this sub section 4 applies not only if residents under state supervision but also if it constitutes or if it has an effect on health and safety and this proposed home is right on the safe paths to the school corridor, which is meant to provide safe and efficient transport up

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and down the city to the elementary and middle school. Pogue stated with this home housing up to eight people that is eight cars plus cars for staff, does not know how many trips will made in and out each day and this parking for 8-10 plus vehicles is directly on the bike path and he thinks that constitutes an impediment to safe and efficient pathways to school. Pogue stated he thinks that issue aside constitutes as a reason to determine that this is not an appropriate place for this type of use. Pogue turned floor over to John Roland. 6:12:11 PM Phillips explained the ordinance only allows the appellant and the appellant’s representative to speak. Phillips state Pogue is the legal representative to the appellant, if Roland is going to speak on behalf of the appellant that it needs to be put on record. Phillips explained this is not a public hearing and cannot take new evidence, that there was only one appellant on this case.6:13:12 PM Appellant explained she filed it but this is a neighborhood group working together, Appellant confirmed Pogue is representing her. 6:13:36 PM Pogue confirmed Roland is the spokesperson on behalf of Mrs. Gardner. 6:13:52 PM John Roland, expressed concerns of proposed Men’s Second Chance Sober Living House. Roland provide history of himself, his connection to Hailey and described current neighborhood. Roland stated they love their neighbors, peaceful block and loves when even though there are disagreements between neighbors those are quickly resolved. Roland stated it has been the lack of communicating and community outreach that has caused the deep apprehension of the neighbors. Roland stated many neighbors have reached out to ask questions about the new Sober House and have been met with resistance or unresponsiveness. Roland feels it is perfectly natural for them to have questions regarding the facility. Roland stated they are aware 2nd Ave is considered Transitional zoning, they are used to that meaning accountants, lawyers, and other such professions. Roland stated as Pogue expressed a Sober House for recovering male addicts feels drastically different from what has and has yet been considered for the Transitional neighborhood. The number of proposed beds, which he hears is eight, feels like a lot for a small house. 6:15:28 PM Roland stated it is also concerning that the new pathway for people project has put a corridor connecting the middle school and the elementary school, where children are encouraged to walk daily passes directly in front of the Sober House. 6:15:42 PM Roland stated we as a community are not lacking empathy of those recovering from addictions. Roland stated in fact, many of them have had close contact with addiction and have had nothing but compassion and understanding of those caught in that trap. Roland stated no one in their neighborhood has any desire to discourage or come between people in our community who need help and devalue cultural programs available to them. Roland stated their concerns rest only with the nonprofit and MSCL who have done nothing, they are appealing to this organizing from a standpoint of community in hopes of having our questions and concerns heard, considered and answered. 6:16:23 PM Roland stated short list of concerns: who will be living there, is this home limited to residence of Blaine County or open to anyone, will felons be allowed, will sex offenders be allowed, what about repeat offenders, what is their screening process to ensure applicants are being truthful about qualifications, will applications include court records and background checks, who gets to decide who will live there, what is the policy and supervision in proceeding daily operations, will there be 24 hour supervision, has been told there is a good neighbor policy and they would love to see this, who should the neighborhood contact if a problem arises, what is the house policy for guests, and parking for a household who expects to have eight adults

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residing there, parking seems to be an issue as well, have been told the nonprofit will not be seeking state licenses and would like to know why that is. Roland stated they are aware of how difficult it is to break destructive patterns and move forward with healthier choices in life. Roland stated a nonprofit needs to be well researched and well prepared with guidelines and policies for this purpose. Without clear boundaries and rules, potential for aggression is greatly increased. Roland stated we as the neighbors of this house, are discouraged that there is not a clear zone established for this place, concerned for their children safety and potential impact of their property values, directly impacting property taxes. They respectively request that the City exercise their rights to enforce appropriate conditions and restrictions, for the good of the citizens of Hailey and future residents of the home. Worried about the nonprofit as new as MSCL does not fully understand the task they are undertaking and is unprepared for many issues that may come up. Request that MSCL remember that they, as their neighbors are the ones directly affected by this and hope they will do everything they can do to repair the anxiety and frustration caused by the lack of communication and community outreach.

6:18:53 PM Horowitz stated no additional information to add. Pogue confirmed he does not either. Phillips explained like he said initially this is an appeal, Horowitz decision is in the packet and the question for them is to review the information in the record and determine whether or not Horowitz’s interpretation of the ordinance is correct. Phillips stated they have had a chance to review the information in the packet and hear the argument by the appellant and the appellant’s representative. 6:19:48 PM Horowitz added that she has the purposes of the Transitional District on the screen, Horowitz read the purposes aloud. Horowitz summarized we have a lot of residential uses in the transitional zone district. Horowitz stated the Idaho statue seemed very clear, the primary one that stipulates what will be single family in any city zone district it is stipulated what is single family. Horowitz explained for single family homes we do not regulate parking in Hailey, so did not pin in something with how may cars will be there if the Idaho Code, if the Idaho Legislature is telling them it is single family that is as far as they went. 6:21:12 PM Phillips asked to have both statues brought on screen, Horowitz brought up page 123 in the packet. Horowitz confirmed both on the screen, that the top one is the one Jerry Mason directed them too. Phillips stated reason he asked both to be pulled up is because it shows both statutes discussed during presentation. Phillips stated the first statute is the one Horowitz relied upon, second is the one Pogue referred too. Phillips stated he looks at these statutes and their legislative history, that there are three levels of regulations. First is local zoning ordinance, second is state statutes and the third is the Federal Fair housing Act. 6:23:23 PM Phillips stated starting with the two statutes, if read the first statute 67-6531 – basically it says if it is a single family dwelling, when you classify single family dwelling in your zoning ordinance that classification shall include these types of group residences. 6:23:55 PM Phillips stated everywhere in your zoning ordinance that uses the phrase single family dwelling or single family home by statute includes these type of group homes. Phillips summarized that this is a state law that the city does not have any discretion to change this. 6:25:15 PM The second statute 67-6532, has to treat as a single family home that cannot adopt a conditional use permit process or variance or any other zoning permit process in regards to these homes. Philips stated when they

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added number 4, it says that limitation shall not apply to where housing is being provided or planned for people who are under the supervision of the Department of Corrections. That is where the issue comes in. Phillips stated the City of Hailey has never proceeded under that statute to adopt a conditional use process for these kind of homes. Phillips stated City of Hailey does not have a process which requires these kind of homes to go through a conditional use process meaning adopting an ordinance that sets up the process for the conditional use, what’s to be reviewed, what are the standards and criteria. Phillips stated unless and until that happens the City of Hailey does not have the requirement that these homes have to get a conditional use permit and have treat it as a regular single family home by state law. Phillips stated when the comments are made that the city is free to impose conditions on these types of homes that is not technically correct. The city has the ability under this state statute to adopt a conditional use process for these homes but they have not done that. Phillips stated if the city wanted to they could go through a process amend the ordinance and create a requirement where these homes go to and obtain a conditional use permit. This has not happened yet and until it happens the city is not free to impose conditions. Phillips summarized this is his input and turned over to commission. Smith clarified that their job tonight as he understands it is to determine if Horowitz’s decision was correct based off the information she had at that time. 6:29:52 PM Phillips confirmed he thinks that true, that Horowitz and Mason focused on the first statue and the appellant has brought up the second statute. Phillips stated both statutes were in effect at the time Horowitz made her decision. Phillips stated can look at Horowitz’s decision on the first statute with reference to the second statute. 6:30:21 PM Smith asked if Mason mentioned or referenced the second statute at any time. Horowitz stated he mentioned it verbally and he did not think it would apply as we do not have that process because Hailey does not have a conditional use process. Chair Fugate confirmed that was because what Phillips was just explaining because even though it would apply we do not have the process in that zone.6:31:03 PM Horowitz said what she heard Phillips say was that number four can apply for cities who have chosen to adopt this conditional use permit process. Chair Fugate confirmed which we do not have.6:31:16 PM Engelhardt stated we do not have a definition in on our zoning code for a group home, referencing a boarding home. Horowitz stated we have a definition of a boarding home and can bring it up. Engelhardt stated this is essentially a care facility. Phillips stated asking for evidence that really isn’t in the record right now that unfortunately does not have a lot of details on how the facility will operate. Engelhardt questioned if this is a business license use. Horowitz stated no business licenses are not required in single family neighborhoods. Horowitz stated for a single family use, if we believe this meets the definition the state of Idaho has told us is single family then there is no business license we require. Horowitz stated she believes it does meet this definition. Engelhardt stated this is more than just a home business, thinks not this time around but for future purposes we need to go there. Engelhardt thinks there needs to be some restrictions on this, thinks for future we need to address this. 6:33:12 PM Phillips stated if the city were to decide they wanted to proceed with adopting an ordinance under the second statute, thinks it would be clear that the city can adopt a conditional use permit process with these types of residences. Phillips explained that would be a question would need to as ask at that point in time as you try to move forward to decide what that process would look like. Phillips

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explained that would be something that would be formulated in the future. 6:34:01 PM Phillips stated the Federal Housing Act has a certain number of requirements regarding these types of residences that also have to consider when shaping what the ordinance will look like. Engelhardt stated does not know of any other way to go than to say this is permitted, but would like to go down the path saying if it is permitted and say we do have a definition for this house and that would require and add restrictions on it. Engelhardt stated does not think anyone has any problems with people with disabilities or addictions that need help that are permitted by law, thinks some of the heartburn comes from convicted felons. Engelhardt questioned if were to say we do allow this and we do have a business licenses we can discriminate against non-protected classes, let’s say we did this and 6:35:28 PM in future as residence turns over would we have that kind of discrimination in this house? Phillips stated would be surprised at how complex the Fair Housing Act is and has informed himself enough to have a general overview of the Fair Housing Act but is not prepared to answer that today. 6:36:59 PM Chair Fugate noted that something from the applicant’s attorney that if there is a problem it is an enforcement issue rather than something that has already happened which is kind of a counter to the people who were concerned to what might happen. Chair Fugate asked Scanlon if he had question or input. Scanlon stated he had been wondering if this had been brought before them as a commission would they have ended up anywhere differently than where they are with Horowitz’s decision right now.6:38:30 PM Scanlon stated thinks Horowitz acted in good faith contacting Jerry Mason who is very knowledgeable and can’t think of a better resource to go to than him. Scanlon stated you read the writing on the screen, you say this type of housing must be considered as a single family residence but there has been a huge miscommunication issue. Scanlon asked if it could have been taken care of in a planning and zoning hearing. Scanlon stated that a lot of things that could have been brought up, discussed and clarified in a planning and zoning hearing. Scanlon does not see how Horowitz could have decided any differently given the information and counsel she had. Engelhardt agrees with Scanlon, but he would have liked to have seen issue come up in work meeting. 6:40:45 PM Engelhardt brought up page 14 discussing parking (page 158 in packet) last paragraph on page, stating does want to support it but believes parking is a concern. Commission discussed potential parking issues including that they do not know how many vehicles will be there. 6:42:30 PM Horowitz does not know of a similar single family home that would be denied unless the cars were unlicensed.6:42:39 PM Chair Fugate stated they all are sensitive to the concerns and have a lot of questions. Chair Fugate referenced what Scanlon stated to Horowitz decision. Chair Fugate asked what their options are and where it goes from here. 6:43:38 PM Phillips stated at this point of time there’s no requirement in zoning ordinance for an application for a permit, nor standards. Phillips stated really have the choice to affirm what Horowitz did or if she errored.6:43:45 PM Chair Fugate asked what happens if they affirm Horowitz’s decision. Phillips and Horowitz stated the appellant could appeal to City Council. Chair Fugate stated that is what she wanted to know, if they affirm Horowitz’s decision on the information she had, then the people have the right to further appeal and it goes to City Council. Phillips confirmed and stated City Council will consider the appeal with the same record the commission is considering. 6:44:52 PM Smith stated it is unfortunate that this type of situation came up in this type of manner, he imagines people have valid concerns and questions a public

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hearing would have been useful to answer those questions but without an underling ordinance they pretty much helpless. 6:45:24 PM Pogue suggested another option would be for the commission to make a decision along with a recommendation that if it chooses the City or Council explore enacting ordinance and when and if the group home starts operating as planed depending on the timing of the ordinance the home will be subject to that ordinance. Pogue stated what he thinks he is hearing is that we wish we had more criteria or guidelines and thinks could make a conditional approval. 6:45:57 PM Phillips stated they need to make a decision on Horowitz’s letter and after that they are free by separate motion to make a recommendation to the City Council however they choose. Chair Fugate summarized first need to make decision on the letter and if so wish they can then make a separate recommendation to City Council. Phillips confirmed.

6:47:01 PM Smith motioned to approve the Planning and Zonings Administrators interpretation of code memorandum dated August 13, 2018 regarding Sober Living located at 220 S Second Ave finding that her decision was in line with city ordinance and state law. Scanlon seconded. All in favor.

6:48:27 PM Scanlon asked if could recommend to Council that they send this back to planning and zoning for a public hearing. Phillips stated there is no requirement in the zoning ordinance that they need to have a public hearing. Smith asked if it is possible to make a retroactive ordinance. Horowitz stated no if they began operating it will be grandfathered. Phillips stated they are discussing an ordinance that they haven’t even started a draft, that if wants to make a motion to the council that the city should consider doing this thinks it would be appropriate. Phillip’s cautions making it so specific.6:49:54 PM Smith stated recommendation to them regarding this type of group home and starting a process with public hearing so that they can move forward adopting an ordinance that would be specific to this type of situation is something they should recommend. Chair Fugate agreed with that and asked if it would be appropriate to ask that they look at potential possibilities that could arise. Phillips stated it is really difficult to talk about enforcement of an ordinance that doesn’t exist. Chair Fugate stated not talking about enforcement, more talking about awareness of the situation. Phillips stated he thinks if the commission sends up their recommendation that they will get the point. Engelhardt added would like to see it explored from a business licensing process as well. Chair Fugate stated there are questions if they are intending to be licensed, if that’s the case, there are a lot of questions. Phillips stated all those questions will come up in the course of enacting the ordinance. Chair Fugate stated it is important to say for the record if there is licensing involved if not who oversees, if issues with concerns in number four of the second statute who takes care of that, if facility supervised, does supervision equate with responsibility for those being supervised, for record these are her main concerns. 6:52:25 PM Commission discussed wording of recommendation to City Council.

6:55:33 PM Smith motioned to make recommendation to City Council that they start a review process to create an ordinance that will deal with group homes for the subjects who have disabilities. Scanlon seconded. All in favor.

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6:58:01 PM Phillips stated believes recommendation is fine.

Staff Reports and Discussion

SR 1 Discussion of current building activity, upcoming projects, and zoning code changes. (No documents)

• Design Review Exemptions: o Hailey Cemetery: Design Review Exemptions for approval of a new 196

square foot garage/shed structure, to be located next to an existing shed. The garage/shed structure will match the exterior materials of the existing shed. The garage/she structure will be built to hold a minimum of 140psf of snow load.

o Balmoral Park: Design Review Exemption for approval of Balmoral Park Improvements. Improvements include the addition of a new picnic pavilion, play structure, park benches, asphalt pathway and landscaping. Repairs will be completed on the existing basketball court.

o Men’s Second Chance Living: Design Review Exemption for approval of

exterior and interior renovations to the existing single-family residence, located at 220 South Second Avenue. Exterior renovations include replacing an exterior window to comply with the International Building Code and International Residential Code. Interior renovations include the addition of a bathroom, laundry room and the removal of two interior doors.

o Dustin and Emily Stone: Design Review Exemption for approval of

exterior and interior renovations to the existing single-family residence. Exterior renovations include an extension of the roofline and new front porch roof and extension of the new porch roofline to the east elevation. Two new windows are also proposed at the east elevation. All exterior materials are to match existing. Interior renovations include the reconfiguration of the master bedroom and bathroom and renovating storage space on the second floor into a new bathroom and bedroom.

o Sterling Medical Urgent Care: Design Review Exemption for approval of

exterior and interior renovations to the existing building, located at 507 South Main Street. Exterior renovations include new Cultured Stone Wainscot, new exterior trim painted white, new gutter and downspouts painted white, new plywood siding painted white, and new asphalt shingles in Charcoal. New handrails, painted black, will be installed, as well as the installation of a new concrete landing, ramp and steps at entry. Interior renovations include the reconfiguration of interior walls, new flooring and new finishes.

o Atlantic Aviation: Design Review Exemption for approval of exterior and

interior renovations to the existing building, located at 2230 Atlantic Aviation Drive. Exterior renovations include the addition of two new

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windows. Interior renovations include the reconfiguration of interior walls, new flooring and new finishes.

SR 2 Discussion of the next Planning and Zoning meeting: Monday, November 5, 2018. (No documents)

7:00:23 PM Scanlon motioned to adjourn. Smith seconded. All in Favor.

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Return to Agenda

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Steve Thomas Hangar 1310 Airport Circle #4B

Hailey Planning Zoning Commission – November 5, 2018 Findings of Fact – Page 1 of 12

FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION On October 15, 2018, the Hailey Planning and Zoning Commission considered a Design Review Application submitted by Dr. Steve Thomas, represented by Floyd Town Architect, P.A., for approval of a new 3,797 square foot airport hangar, to be located adjacent to an existing hanger at 1310 Airport Circle #4B, in the Airport (A) Zoning District.

FINDINGS OF FACT

Notice: Notice for the public hearing was published in the Idaho Mountain Express on September 26, 2018 and mailed to property owners within 300 feet on September 26, 2018. Application: The Applicant is proposing a new 3,797 square foot airport hangar, which consists of a 600 square foot storage mezzanine, lounge and restroom, and 3,199 square foot hangar. Access to the building can be from the west, south and north elevations. The building is comparable in scale to the existing hangars. The proposed hangar is slightly smaller in height and in footprint than the existing hangars. Color palette is compatible with the existing buildings. The lot area/ground lease is approximately 3,498 square feet in size. The ground lease includes only the hardscape, which is existing, under the proposed hangar. The abutting tarmac will remain unchanged. Procedural History: The Design Review Application was submitted on September 18, 2018 and certified complete on September 21, 2018. A public hearing before the Planning and Zoning Commission for approval or denial of the project was held on October 15, 2018, in the Hailey City Council Chambers.

General Requirements for all Design Review Applications

Compliant Standards and Staff Comments

Yes No N/A City Code City Standards and Staff Comments

☒ ☐ ☐ 17.06.050 Complete Application

☒ ☐ ☐ Department Comments

Engineering: No comments Life/Safety: No comments Water and Sewer: The Public Works Department suggested that the Applicant include a 1,000-gallon grease grit separator to eliminate fuel and other oils from depositing into the City’s sewer system.

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Steve Thomas Hangar 1310 Airport Circle #4B

Hailey Planning Zoning Commission – November 5, 2018 Findings of Fact – Page 2 of 12

The Commission discussed the requirement of a floor drain and found that if required, a 1,000-gallon grease grit separator would be necessary in mitigating the deposits of oils and other toxic fluids into the City’s sewer system. Staff confirmed with the Building Official that no floor drain is required for the proposed project. If the Applicant chooses to install a floor drain, a 1,000-gallon grease grit separator shall be installed to comply with City standards. Building: No comments Streets: No comments

☒ ☐ ☐ 17.08A Signs 17.08A Signs: The applicant is hereby advised that a sign permit is required for any signage exceeding four square feet in sign area. Approval of signage areas or signage plan in Design Review does not constitute approval of a sign permit.

Staff Comments

No new signage is proposed at this time.

☒ ☐ ☐ 17.09.040 On-site Parking Requirements

See Section 17.09.040 for applicable code. Industrial/Warehouse: 1 parking space per 1,000 gross square feet

Staff Comments

The Hailey Municipal Code requires one (1) parking space per 1,000 square feet for Industrial uses. The project is approximately 3,797 square feet in size; therefore, approximately three (3) parking spaces are required. When Atlantic Aviation went through Design Review in 2016, a total of 72 parking spaces were required. Atlantic Aviation proposed a total of 89 parking spaces, within two primary parking lots. The south parking lot contains 34 parking spaces (four handicap spaces near the porte-cochere) and the north parking lot contains 51 parking spaces, four (4) of which, are located on the north side of Atlantic Aviation’s hangar. The proposed hangar will be utilized for aircraft storage only. This use does not impact onsite parking areas or parking requirements set forth in the Hailey Municipal Code. The Commission found that the additional parking spaces from Atlantic Aviation would satisfy this requirement without negatively impacting onsite parking requirements for Atlantic Aviation.

☒ ☐ 17.08C.040 Outdoor Lighting Standards

17.08C.040 General Standards a. All exterior lighting shall be designed, located and lamped in order to

prevent: 1. Overlighting; 2. Energy waste; 3. Glare; 4. Light Trespass; 5. Skyglow.

b. All non-essential exterior commercial and residential lighting is encouraged to be turned off after business hours and/or when not in use. Lights on a timer are encouraged. Sensor activated lights are encouraged to replace existing lighting that is desired for security purposes.

c. Canopy lights, such as service station lighting shall be fully recessed or fully shielded so as to ensure that no light source is visible from or causes glare on public rights of way or adjacent properties.

d. Area lights. All area lights are encouraged to be eighty-five (85) degree full cut-off type luminaires.

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Steve Thomas Hangar 1310 Airport Circle #4B

Hailey Planning Zoning Commission – November 5, 2018 Findings of Fact – Page 3 of 12

e. Idaho Power shall not install any luminaires after the effective date of this

Article that lights the public right of way without first receiving approval for any such application by the Lighting Administrator.

Staff Comments

The Applicant is proposing five new exterior light fixtures on the proposed hangar. The light fixtures will be wall mounted, downcast and comply with the Dark Sky Ordinance.

☒ ☐ ☐ Bulk Requirements

Zone: Airport (A) Zone District

Staff Comments

Proposed Height: 34’-5” The Hailey Municipal Code does not establish a height limit in the Airport (A) Zoning District; however, stipulates that building height and setbacks are subject to FAA regulations. A Compliance Letter, documenting FAA regulations, was submitted on October 15, 2018, and is on file in the Community Development Department.

☒ ☐ ☐ 17.06.070(A)1 Required Street Improvements Required

Sidewalks and drainage improvements are required in all zoning districts, except as otherwise provided herein.

Staff Comments

No new drywells are shown on the site plan or proposed at this time. The ground lease includes only the hardscape, which is existing, under the proposed hangar. The abutting tarmac will remain unchanged. No sidewalks exist and/or are proposed at this time, as the proposed hangar is located within the TSA secured area with access limited to authorized personnel only. No in-lieu payment is required at this time.

☐ ☐ ☒ 17.06.070(B) Required Water System Improvements

In the Townsite Overlay District, any proposal for new construction or addition of a garage accessing from the alley, where water main lines within the alley are less than six (6) feet deep, the developer shall install insulating material (blue board insulation or similar material) for each and every individual water service and main line between and including the subject property and the nearest public street, as recommended by the City Engineer.

Staff Comments

N/A, as this is not in the Townsite Overlay (TO) Zoning District.

Design Review Requirements for Non-Residential, Multifamily,

and/or Mixed-Use Buildings within the City of Hailey

1. Site Planning: 17.06.080(A) 1, items (a) thru (n)

Compliant Standards and Staff Comments

Yes No N/A City Code City Standards and Staff Comments ☒ ☐ ☐ 17.06.080(A)

1a a. The location, orientation and surface of buildings shall maximize, to the

greatest extent possible sun exposure in exterior spaces to create spaces around buildings that are usable by the residents and allow for safe access to buildings

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Steve Thomas Hangar 1310 Airport Circle #4B

Hailey Planning Zoning Commission – November 5, 2018 Findings of Fact – Page 4 of 12

Staff Comments

The proposed hangar will have one (1) insulated metal roll-up door on the south elevation, one (1) bi-fold hangar door on the west elevation, and one (1) pedestrian entrance on the north elevation. No windows are proposed at this time. Due to the industrial nature of the building and surrounding area, as well as building access being restricted to authorized personnel only, this space will be utilized by only a few people. Though pedestrian access is limited, safe access to and from the building is a high priority and will be implemented.

☒ ☐ ☐ 17.06.080(A)1b

b. All existing plant material shall be inventoried and delineated, to scale, and noted whether it is to be preserved, relocated or removed. Removal of trees larger than 6-inch caliper proposed to be removed require an arborist review. Any tree destroyed or mortally injured after previously being identified to be preserved, or removed without authorization, shall be replaced with a species of tree found in the Tree Guide and shall be a minimum of 4-inch caliper.

Staff Comments

Little to no plantings exist in the vicinity. No new plant material and landscaping are proposed, as the industrial nature of the site makes it inhospitable for healthy tree and plant growth.

☒ ☐ ☐ 17.06.080(A)1c

c. Site circulation shall be designed so pedestrians have safe access to and through the site and to building.

Staff Comments

Little to no pedestrian access to the building exists, as the newly proposed hangar will primarily be utilized to move aircraft in and out. This will be accomplished by towing. Access is limited to authorized personnel only.

☒ ☐ ☐ 17.06.080(A)1d

d. Building services including loading areas, trash storage/pickup areas and utility boxes shall be located at the rear of a building; the side of the building adjacent to an internal lot line may be considered as an alternate location. These areas shall be designed in a manner to minimize conflict among uses and shall not interfere with other uses, such as snow storage. These areas shall be screened with landscaping, enclosures, fencing or by the principal building.

Staff Comments

Trash Receptacles and recycling will be stored inside the hangar. Due to access being authorized to personnel only, the Applicant will dispose of trash and recycling, as needed.

☐ ☐ ☒ 17.06.080(A)1e

e. Where alleys exist, or are planned, they shall be utilized for building services.

Staff Comments

N/A, as no alleys exist and or are planned.

☐ ☐ ☒ 17.06.080(A)1f

f. Vending machines located on the exterior of a building shall not be visible from any street.

Staff Comments

None proposed or existing.

☐ ☐ ☒ 17.06.080(A)1g

g. On-site parking areas shall be located at the rear of the building and screened from the street. Parking and access shall not be obstructed by snow accumulation. (NOTE: If project is located in Airport West Subdivision, certain standards may apply that are not listed here. See code for details.)

i. Parking areas located within the SCI zoning district may be located at the side or rear of the building.

ii. Parking areas may be considered at the side of buildings within the B, LB, TI and LI zoning districts provided a useable prominent entrance is located on the front of the building and the parking area is buffered from the sidewalk adjacent to the street.

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Steve Thomas Hangar 1310 Airport Circle #4B

Hailey Planning Zoning Commission – November 5, 2018 Findings of Fact – Page 5 of 12

Staff Comments

The proposed hangar will be utilized for aircraft storage only. This use does not impact onsite parking areas or parking requirements set forth in the Hailey Municipal Code.

☐ ☐ ☒ 17.06.080(A)1h

h. Access to on-site parking shall be from the alley or, if the site is not serviced by an alley, from a single approach to the street to confine vehicular/pedestrian conflict to limited locations, allow more buffering of the parking area and preserve the street frontage for pedestrian traffic.

Staff Comments

N/A, as access to the building is not serviced by an alley, and access is limited to authorized personnel only.

☐ ☐ ☒ 17.06.080(A)1i

i. Snow storage areas shall be provided on-site where practical and sited in a manner that is accessible to all types of snow removal vehicles of a size that can accommodate moderate areas of snow.

Staff Comments

The site plan does not show snow storage areas or calculations. Snow storage is managed by the FMAA and will be addressed according to their standards. The Applicant will have no control over or responsibility for snow storage and/or removal.

☐ ☐ ☒ 17.06.080(A)1j

j. Snow storage areas shall not be less than 25% of the improved parking and vehicle and pedestrian circulation areas.

Staff Comments

The site plan does not show snow storage areas or calculations. Snow storage is managed by the FMAA and will be addressed according to their standards. The Applicant will have no control over or responsibility for snow storage and/or removal.

☐ ☐ ☒ 17.06.080(A)1k

k. A designated snow storage area shall not have any dimension less than 10 feet.

Staff Comments

The site plan does not show snow storage areas or calculations. Snow storage is managed by the FMAA and will be addressed according to their standards. The Applicant will have no control over or responsibility for snow storage and/or removal.

☐ ☐ ☒ 17.06.080(A)1l

l. Hauling of snow from downtown areas is permissible where other options are not practical.

Staff Comments

N/A

☒ ☐ ☐ 17.06.080(A)1m

m. Snow storage areas shall not impede parking spaces, vehicular and pedestrian circulation or line of sight, loading areas, trash storage/pickup areas, service areas or utilities.

Staff Comments

None of the above appear to be impeded by snow storage.

☒ ☐ ☐ 17.06.080(A)1n

n. Snow storage areas shall be landscaped with vegetation that is salt-tolerant and resilient to heavy snow.

Staff Comments

The snow storage area does not contain any landscaping, as the industrial nature of the site makes it inhospitable for healthy tree and plant growth.

2. Building Design: 17.06.080(A) 2, items (a) thru (m)

Compliant Standards and Staff Comments Yes No N/A City Code City Standards and Staff Comments

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Steve Thomas Hangar 1310 Airport Circle #4B

Hailey Planning Zoning Commission – November 5, 2018 Findings of Fact – Page 6 of 12

☒ ☐ ☐ 17.06.080(A)

2a a. The proportion, size, shape and rooflines of new buildings shall be

compatible with surrounding buildings. Staff Comments

The building is comparable in scale to the existing hangars. The Applicant has submitted visual renderings and a materials sample board of the proposed hangar. The proposed hangar is slightly smaller in height than the existing hangars. Color palette is compatible with the existing buildings.

☒ ☐ ☐ 17.06.080(A)2b

b. Standardized corporate building designs are prohibited.

Staff Comments

The existing building complies with this standard. No standardized corporate design will be utilized.

☐ ☐ ☒ 17.06.080(A)2c

c. At ground level, building design shall emphasize human scale, be pedestrian oriented and encourage human activity and interaction.

Staff Comments

The functional nature of the building is not to encourage human activity, other than the trained employees moving aircraft in and out of the building. This standard does not apply.

☒ ☐ ☐ 17.06.080(A)2d

d. The front façade of buildings shall face the street and may include design features such as windows, pedestrian entrances, building off-sets, projections, architectural detailing, courtyards and change in materials or similar features to create human scale and break up large building surfaces and volumes.

Staff Comments

No front, or street, façade exists. The building will house aircraft and is very functional in nature. A very similar hangar was proposed and approved in 2016.

☐ ☐ ☒ 17.06.080(A)2e

e. Any addition onto or renovation of an existing building shall be designed to create a cohesive whole.

Staff Comments

N/A. All new construction is proposed.

☒ ☐ ☐ 17.06.080(A)2f

f. All exterior walls of a building shall incorporate the use of varying materials, textures and colors.

Staff Comments

The proposed exterior colors of the building will be corrugated metal siding in gray with concrete wainscot. Gray metal siding is shown on the materials sample board and elevations.

☒ ☐ ☐ 17.06.080(A)2g

g. Exterior buildings colors and materials shall be integrated appropriately into the architecture of the building and be harmonious within the project and with surrounding buildings.

Staff Comments

The proposed exterior colors of the building will be corrugated metal siding in gray and concrete wainscot. Gray metal siding is shown on the materials sample board and elevations. The proposed exterior materials and building design are compatible with buildings in the surrounding area.

☐ ☐ ☒ 17.06.080(A)2h

h. Flat-roofed buildings over two stories in height shall incorporate roof elements such as parapets, upper decks, balconies or other design elements.

Staff Comments

N/A. The existing building does not incorporate a flat roof. The proposed roof system is sloped and designed for weather debris to flow off the east end of the building.

☒ ☐ ☐ 17.06.080(A)2i

i. All buildings shall minimize energy consumption by utilizing alternative energy sources and/or passive solar techniques. At least three (3) of the following techniques, or an approved alternative, shall be used to

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Steve Thomas Hangar 1310 Airport Circle #4B

Hailey Planning Zoning Commission – November 5, 2018 Findings of Fact – Page 7 of 12

improve energy cost savings and provide a more comfortable and healthy living space: i) Solar Orientation. If there is a longer wall plane, it shall be placed on

an east-west axis. A building’s wall plane shall be oriented within 30 degrees of true south.

ii) South facing windows with eave coverage. At least 40% of the building’s total glazing surface shall be oriented to the south, with roof overhang or awning coverage at the south.

iii) Double glazed windows. iv) Windows with Low Emissivity glazing. v) Earth berming against exterior walls vi) Alternative energy. Solar energy for electricity or water heating,

wind energy or another approved alternative shall be installed on-site.

vii) Exterior light shelves. All windows on the southernmost facing side of the building shall have external light shelves installed.

Staff Comments

The proposed hangar will be insulated to increase energy efficiency. No windows are shown on the plans or proposed at this time. The proposed hangar will be heated with an infrared heating system. With the exception of the proposed lounge and restroom, no cooling system is proposed. The proposed HVAC system will be of high efficiency and will be located within the building, mounted between trusses. High efficiency LED light fixtures will be utilized for all interior lighting.

☒ ☐ ☐ 17.06.080(A)2j

j. Gabled coverings, appropriate roof pitch, or snow clips and/or gutters and downspouts shall be provided over all walkways and entries to prevent snow from falling directly onto adjacent sidewalks.

Staff Comments

No gabled coverings, gutters or downspouts are proposed at this time. The proposed roof system is sloped and designed for weather debris to flow off the east end of the building. A pipe-style snow retention system is proposed on the east elevation of the proposed building.

☒ ☐ ☐ 17.06.080(A)2k

k. Downspouts and drains shall be located within landscape areas or other appropriate locations where freezing will not create pedestrian hazards.

Staff Comments

No downspouts are proposed. The proposed roof system is sloped and designed for weather debris to flow off the east end of the building.

☐ ☐ ☒ 17.06.080(A)2l

l. Vehicle canopies associated with gas stations, convenience stores or drive-through facilities shall have a minimum roof pitch of 3/12 and be consistent with the colors, material and architectural design used on the principal building(s).

Staff Comments

N/A. None proposed.

☐ ☐ ☒ 17.06.080(A)2m

m. A master plan for signage is required to ensure the design and location of signs is compatible with the building design and compliance with Title 17: Zoning Regulations.

Staff Comments

No signage is proposed.

3. Accessory Structures, Fences and Equipment/Utilities: 17.06.080(A) 3, items (a) thru (i)

Compliant Standards and Staff Comments

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Hailey Planning Zoning Commission – November 5, 2018 Findings of Fact – Page 8 of 12

Yes No N/A City Code City Standards and Staff Comments ☐ ☐ ☒ 17.06.080(A)

3a a. Accessory structures shall be designed to be compatible with the principal

building(s). Staff Comments

N/A. No accessory structures are proposed.

☐ ☐ ☒ 17.06.080(A)3b

b. Accessory structures shall be located at the rear of the property.

Staff Comments

N/A. No accessory structures are proposed.

☐ ☐ ☒ 17.06.080(A)3c

c. Walls and fences shall be constructed of materials compatible with other materials used on the site.

Staff Comments

N/A. No walls or fences are existing or proposed.

☐ ☐ ☒ 17.06.080(A)3d

d. Walls and fencing shall not dominate the buildings or the landscape. Planting should be integrated with fencing in order to soften the visual impact.

Staff Comments

N/A. No walls or fences are existing or proposed.

☐ ☐ ☒ 17.06.080(A)3e

e. All roof projections including, roof-mounted mechanical equipment, such as heating and air conditioning units, but excluding solar panels and Wind Energy Systems that have received a Conditional Use Permit, shall be shielded and screened from view from the ground level of on-site parking areas, adjacent public streets and adjacent properties.

Staff Comments

No roof top projections or equipment are existing or identified on the submitted plans. Any roof-top equipment shall comply with this standard.

☐ ☐ ☒ 17.06.080(A)3f

f. The hardware associated with alternative energy sources shall be incorporated into the building’s design and not detract from the building and its surroundings.

Staff Comments

N/A

☒ ☐ ☐ 17.06.080(A)3g

g. All ground-mounted mechanical equipment, including heating and air conditioning units, and trash receptacle areas shall be adequately screened from surrounding properties and streets by the use of a wall, fence, or landscaping, or shall be enclosed within a building.

Staff Comments

Ground equipment locations have not been identified on the submitted plans. If the project includes ground-mounted mechanical equipment, a Condition of Approval identifying this standard is necessary and will need to be met.

☒ ☐ ☐ 17.06.080(A)3h

h. All service lines into the subject property shall be installed underground.

Staff Comments

All services and utilities will be installed underground.

☒ ☐ ☐ 17.06.080(A)3i

i. Additional appurtenances shall not be located on existing utility poles.

Staff Comments

No appurtenances are proposed on existing utility poles.

4. Landscaping: 17.06.080(A) 4, items (a) thru (n)

Compliant Standards and Staff Comments Yes No N/A City Code City Standards and Staff Comments

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Hailey Planning Zoning Commission – November 5, 2018 Findings of Fact – Page 9 of 12

☐ ☐ ☒ 17.06.080(A)

4a a. Only drought tolerant plant species and/or xeriscape specific plant materials

shall be used, as specified by the Hailey Landscaping Manual or an approved alternative.

Staff Comments

Little to no plantings exist in the vicinity. No new plant material and landscaping are proposed, as the industrial nature of the site makes it inhospitable for healthy tree and plant growth.

☐ ☐ ☒ 17.06.080(A)4b

b. All plant species shall be hardy to the Zone 4 environment.

Staff Comments

Little to no plantings exist in the vicinity. No new plant material and landscaping are proposed, as the industrial nature of the site makes it inhospitable for healthy tree and plant growth.

☐ ☐ ☒ 17.06.080(A)4c

c. At a minimum, a temporary irrigation system that fully operates for at least two complete growing seasons is required in order to establish drought tolerant plant species and/or xeriscape specific plant materials. Features that minimize water use, such as moisture sensors, are encouraged.

Staff Comments

Little to no plantings exist in the vicinity. No new plant material and landscaping are proposed, as the industrial nature of the site makes it inhospitable for healthy tree and plant growth.

☒ ☐ ☐ 17.06.080(A)4d

d. Landscaped areas shall be planned as an integral part of the site with consideration of the urban environment. A combination of trees shrubs, vines, ground covers and ornamental grasses shall be used. New landscaped areas having more than 10 trees, a minimum of 10% of the trees shall be at least 4-inch caliper, 20% shall be at least 3-inch caliper, and 20% shall be at least 2½ inch caliper and a maximum of 20% of any single tree species may be used in any landscape plan (excluding street trees). New planting areas shall be designed to accommodate typical trees at maturity. Buildings within the LI and SCI-I zoning district are excluded from this standard.

Staff Comments

While the Airport (A) Zoning District is not specifically excluded from this standard, the nature of this building does not lend itself to extensive landscaping.

☐ ☐ ☒ 17.06.080(A)4e

e. Seasonal plantings in planter boxes, pots, and/or hanging baskets shall be

provided to add color and interest to the outside of buildings in the LI and SCI-I zoning districts.

Staff Comments

N/A, as the proposed building is located within the Airport (A) Zoning District.

☐ ☐ ☒ 17.06.080(A)4f

f. Plantings for pedestrian areas within the B, LB, TN and SCI-O zoning districts shall be designed with attention to the details of color, texture and form. A variety of trees, shrubs, perennials, ground covers and seasonal plantings, with different shapes and distinctive foliage, bark and flowers shall be used in beds, planter boxes, pots, and/or hanging baskets.

Staff Comments

N/A, as the proposed building is located within the Airport (A) Zoning District.

☐ ☐ ☒ 17.06.080(A)4g

g. Storm water runoff should be retained on the site wherever possible and used to irrigate plant materials.

Staff Comments

N/A, as the proposed building is located within the Airport (A) Zoning District.

☐ ☐ ☒ 17.06.080(A)4h

h. A plan for maintenance of the landscaping areas is required to ensure that the project appears in a well-maintained condition (i.e., all weeds and trash removed, dead plant materials removed and replaced).

Staff Comments

N/A, as the proposed building is located within the Airport (A) Zoning District.

☐ ☐ ☒ 17.06.080(A)4i

i. Retaining walls shall be designed to minimize their impact on the site and the appearance of the site.

Staff Comments

N/A

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Hailey Planning Zoning Commission – November 5, 2018 Findings of Fact – Page 10 of 12

☐ ☐ ☒ 17.06.080(A)

4j j. Retaining walls shall be constructed of materials that are utilized elsewhere on

the site, or of natural or decorative materials. Staff Comments

N/A

☐ ☐ ☒ 17.06.080(A)4k

k. Retaining walls, where visible to the public and/or to residents or employees of the project, shall be no higher than four feet or terraced with a three-foot horizontal separation of walls.

Staff Comments

N/A

☐ ☐ ☒ 17.06.080(A)4l

l. Landscaping should be provided within or in front of extensive retaining walls.

Staff Comments

No retaining walls are planned.

☐ ☐ ☒ 17.06.080(A)4m

m. Retaining walls over 24” high may require railings or planting buffers for safety.

Staff Comments

No retaining walls are planned.

☐ ☐ ☒ 17.06.080(A)4n

n. Low retaining walls may be used for seating if capped with a surface of at least 12 to 16 inches wide.

Staff Comments

No retaining walls are planned.

17.06.060 Criteria. A. The Commission or Hearing Examiner shall determine the following before approval is given:

1. The project does not jeopardize the health, safety or welfare of the public. 2. The project conforms to the applicable specifications outlined in the Design

Review Guidelines, as set forth herein, applicable requirements of the Zoning Ordinance, and City Standards.

B. Conditions. The Commission or Hearing Examiner may impose any condition deemed

necessary. The Commission or Hearing Examiner may also condition approval of a project with subsequent review and/or approval by the Administrator or Planning Staff. Conditions which may be attached include, but are not limited to those which will:

1. Ensure compliance with applicable standards and guidelines. 2. Require conformity to approved plans and specifications. 3. Require security for compliance with the terms of the approval. 4. Minimize adverse impact on other development. 5. Control the sequence, timing and duration of development. 6. Assure that development and landscaping are maintained properly. 7. Require more restrictive standards than those generally found in the

Zoning Ordinance.

C. Security. The applicant may, in lieu of actual construction of any required or approved

improvement, provide to the City such security as may be acceptable to the City, in a form

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Hailey Planning Zoning Commission – November 5, 2018 Findings of Fact – Page 11 of 12

and in an amount equal to the cost of the engineering or design, materials and installation of the improvements not previously installed by the applicant, plus fifty percent (50%), which security shall fully secure and guarantee completion of the required improvements within a period of one (1) year from the date the security is provided.

1. If any extension of the one-year period is granted by the City, each additional year, or portion of each additional year, shall require an additional twenty percent (20%) to be added to the amount of the original security initially provided.

2. In the event the improvements are not completely installed within one (1) year, or upon the expiration of any approved extension, the City may, but is not obligated, to apply the security to the completion of the improvements and complete construction of the improvements.

The following conditions are suggested for approval of this Application: a) All applicable Fire Department and Building Department requirements shall be met. b) Any change in use or occupancy type from that approved at time of issuance of Building Permit

may require additional improvements and/or approvals. Additional parking may also be required upon subsequent change in use, in conformance with Hailey’s Zoning Title at the time of the new use.

c) All City infrastructure requirements shall be met. Detailed plans for all infrastructure to be installed or improved at or adjacent to the site shall be submitted for Department Head approval and shall meet City Standards where required. Infrastructure to be completed at the Applicant’s sole expense include, but will not be limited to, the following requirements and improvements:

i. Floor Drain requirement to be determined. d) The project shall be constructed in accordance with the application or as modified by these

Findings of Fact, Conclusions of Law and Decision. e) All new and existing exterior lighting shall comply with the Outdoor Lighting requirements

according to 17.08C. f) Except as otherwise provided, all the required improvements shall be constructed and

completed, or sufficient security provided as approved by the City Attorney, before a Certificate of Occupancy can be issued.

g) This Design Review approval is for the date the Findings of Fact are signed. The Planning & Zoning Administrator has the authority to approve minor modifications to this project prior to, and for the duration of a valid Building Permit.

h) Any new roof or ground-mounted utility equipment shall be located to the center of the roof or rear of the building and screened from view.

i) Compliance with FAA regulations shall be documented in writing prior to issuance of a Building Permit.

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Steve Thomas Hangar 1310 Airport Circle #4B

Hailey Planning Zoning Commission – November 5, 2018 Findings of Fact – Page 12 of 12

Signed this _____ day of ________________, 2018.

____________________________ Janet Fugate, Planning & Zoning Commission Chair

Attest: _______________________________ Jessie Parker, Community Development Assistant

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Return to Agenda

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DECISION

On October 15, 2018, the Hailey Planning and Zoning Commission considered an appeal submitted by Mike Pogue, Lawson, Laski, Clark & Pogue, LLC on behalf of Chauncy Gardner who resides at 221 3rd Avenue South, Hailey. The Commission, having been presented with the argument of the appellant and the appeal record, makes the following Decision. The appellant, Chauncy Gardiner, is appealing an administrative decision that a sober living group home planned for 221 Second Avenue south is a single-family use under the Hailey Zoning Code and Idaho Code 67-6531. The Commission makes the following findings:

Section 17.03.050 of the Zoning Title establishes the procedure for this appeal.

The Administrator made an administrative decision as to the use, sober living group home, on August 13, 2018, per the memo in the appeal record. Idaho Code 67-6531 plainly requires that a “group home” (as defined by that statute) be treated the same as a single-family residence. The Hailey Municipal Code Section 17, Zoning, allows single-family homes in the Transition Zone. Consistent with the requirements of that statute, the Administrator correctly concluded that such a group home is also permitted in that zone. The appellant argued that Idaho Code Section 67-6532 (4) requires the contrary determination: that such a group home is not permitted if it plans to accept persons who are under the supervision of the state board of corrections. However, that subsection only states that if a group home plans to house such persons, then the prohibition of Subsection (2) against a city requiring a conditional or other zoning permit or certificate does not apply. Since the City of Hailey currently does not require a conditional use permit or other zoning permit or certificate for such a group home, Subsection (4) does not apply to the decision under appeal.

Based upon the foregoing, the Commission affirms the Administrator’s decision with regard to administrative interpretation of permitted uses and concludes that:

1. The Administrator has the authority to make administrative interpretations as to

permitted and prohibited uses in zoning districts pursuant to 17.03.020 of the city code. 2. The Administrator correctly decided that the sober living group home proposed at 221

South Second, Hailey is a single-family use and a permitted use in the Transition Zone pursuant to the Hailey Municipal code and applicable state law.

Signed this _______ day of ______________, 2018. ____________________________ Janet Fugate, Commission Chair Attest: ____________________________ Jessica Parker, Community Development Assistant

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Men’s Sober Living- Appeal Planning and Zoning Commission Decision

October 15, 2018 Page 2 of 2

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the _____ day of __________, 2018, I served a true and correct filed copy of the within and foregoing document upon the parties named below, in the manner noted: [ ] U.S. Mail [ ] Via Facsimile [ ] Hand Delivered

[ ] U.S. Mail [ ] Via Facsimile [ ] Hand Delivered

CITY OF HAILEY

By____________________________________ Jessica Parker, Community Development Assistant

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Return to Agenda

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Four Paws Grooming Conditional Use Permit Lots 8, 9, 10, Block 8; 20’ of Chestnut Street (519 South Main Street) Planning and Zoning Commission – November 5, 2018 Staff Report – Page | 1

DESIGN REVIEW STAFF REPORT

TO: Hailey Planning and Zoning Commission

FROM: Robyn Davis, Community Development City Planner

OVERVIEW: Consideration of a Conditional Use Permit Application by Four Paws Grooming, for overnight Pet Boarding, to be located at 519 South Main Street (Lots 8, 9, 10, Block 8, 20’ of Chestnut Street adjacent to Lot 10, Block 8), which is located in the Business (B) and Townsite Overlay (TO) Zoning Districts. A Conditional Use Permit Application for pet grooming services was approved on September 11, 2017.

HEARING: November 5, 2018

Applicant: Four Paws Grooming Request: Conditional Use Permit for Overnight VIP Pet Boarding

Location: 519 South Main Street (Lots 8, 9, 10, Block 8; 20’ of Chestnut Street adj. to Lot 10)

Zoning: Business (B) and Townsite Overlay (TO)

Notice: Notice for the October 15, 2018, public hearing was published in the Idaho Mountain Express on September 26, 2018 and mailed to property owners within 300 feet on September 26, 2018. The item was not heard on October 15, 2018, and was continued on the record to November 5, 2018. The notice for the November 5, 2018, public hearing was published in the Idaho Mountain Express on October 17, 2018 and mailed to property owners within 300 feet on October 17, 2018.

Application: The Applicant is proposing Overnight VIP Pet Boarding. A Conditional Use Permit Application for Pet Grooming Services was approved by the Planning and Zoning Commission on September 11, 2017. At that time, the Applicant was uncertain of the demand for Overnight Pet Boarding. A year of operating in its new facility at 519 South Main Street, and the Applicant discovered an unmet need in Hailey: Overnight Pet Boarding for residents and visitors, alike. According to Title 17, Section 17.05.040: District Use Matrix, of the Hailey Municipal Code, veterinarians, pet grooming services, and training with no outdoor kenneling, requires a Conditional Use Permit in the Business (B) Zoning District.

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Four Paws Grooming Conditional Use Permit Lots 8, 9, 10, Block 8; 20’ of Chestnut Street (519 South Main Street) Planning and Zoning Commission – November 5, 2018 Staff Report – Page | 2

Per the North American Industry Classification System (NAICS), Overnight Pet Boarding can be categorized as Pet Care Services or Pet Grooming Services. Though Overnight Pet Boarding is not defined in the Hailey Municipal Code or categorized separately in Title 17: Zoning Regulations, Section 17.05.040: District Use Matrix, as Overnight Pet Boarding, it can be assumed from the NAICS description that Overnight Pet Boarding be included in the same category as veterinarians, pet grooming services, and training with no outdoor kenneling, and permitted as a Conditional Use in the Business (B) Zoning District.

Procedural History: The Conditional Use Permit Application was submitted on September 7, 2018 and certified complete on September 10, 2018. A public hearing before the Planning and Zoning Commission for approval or denial of the project will be held on October 15, 2018, in the Hailey City Council Chambers.

General Requirements for all Conditional Use Permits

Compliant Standards and Commission Findings

Yes No N/A City Code City Standards and Commission Findings

☒ ☐ ☐ 17.11.020 Complete Application: 17.11.020 The application shall include at least the following information:

a. Name, address, and phone number of the applicant. b. Proof of interest in the subject property by the applicant, such as a deed,

contract of sale, option to purchase, or lease agreement. c. Legal description of the subject property, including street address. d. Description of existing use. e. Zoning district of subject property. f. Description of proposed conditional use. g. A plan of the proposed site for the conditional use showing the location of all

buildings, parking and loading areas, traffic access and traffic circulation, open spaces, easements, existing and proposed grade, energy efficiency considerations, landscaping, exterior lighting plan as required by Article VIIIB of this Ordinance, refuse and service areas, utilities, signs, property lines, north arrow, and rendering of building exteriors, where applicable.

h. A narrative statement evaluating the effects on adjoining property, the effect of such elements as noise, glare, odor, fumes, and vibration on adjoining property.

i. A narrative statement identifying surrounding land uses and discussing the general compatibility of the proposed use with adjacent and other properties in the district.

j. A narrative discussion of the relationship of the proposed use to the Comprehensive Plan.

k. A list of the names and addresses of all property owners and residents within three hundred (300) feet of the external boundaries of the land being considered.

l. Any other information as requested by the Administrator to determine if the proposed conditional use meets the intent and requirements of this Article.

m. A fee established in a separate ordinance approved by the Council.

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Four Paws Grooming Conditional Use Permit Lots 8, 9, 10, Block 8; 20’ of Chestnut Street (519 South Main Street) Planning and Zoning Commission – November 5, 2018 Staff Report – Page | 3

Overnight Pet Boarding is allowed with a Conditional Use Permit under Section 17.05.040 of the Hailey Municipal Code. The Applicant is requesting Overnight Pet Boarding in an existing building, located at 519 South Main Street, also known as Four Paws Grooming. All reserved overnight boarding will be accompanied by onsite Staff.

☒ ☐ ☐ Department Comments

Engineering: No concerns

Life/Safety: No concerns

Water and Sewer: No concerns

Building: No concerns

Streets: No concerns

Boards and Committees: No concerns

☒ ☐ ☐ 17.08A Signs 17.08A Signs: The applicant is hereby advised that a sign permit is required for any signage exceeding four square feet in sign area. Approval of signage areas or signage plan in Design Review does not constitute approval of a sign permit.

Commission Findings

No new signage is proposed. Existing signage has been approved and complies with this standard.

☒ ☐ ☐ 17.08C.040 Outdoor Lighting Standards

17.08C.040 General Standards a. All exterior lighting shall be designed, located and lamped in order to

prevent: 1. Overlighting; 2. Energy waste; 3. Glare; 4. Light Trespass; 5. Skyglow.

b. All non-essential exterior commercial and residential lighting is encouraged to be turned off after business hours and/or when not in use. Lights on a timer are encouraged. Sensor activated lights are encouraged to replace existing lighting that is desired for security purposes.

c. Idaho Power shall not install any luminaires after the effective date hereof that lights the public right of way without first receiving approval for any such application by the lighting administrator.

d. All exterior lighting shall be full cutoff luminaires with the light source downcast and fully shielded, unless exceptions are specified in subsection 17.08C.040.02, Type of Luminaires, of this Chapter.

Commission Findings

No new exterior lighting is proposed. All existing lighting complies with the Dark Sky Ordinance.

☒ ☐ ☐ 17.09.040 On-site Parking Req.

See Section 17.09.040 for applicable code. Require 1 space per 1,000 square feet

Commission Findings

The building square footage is 2,302 square feet, requiring two (2) spaces. Five parking spaces are provided on site.

☐ ☐ ☒ 17.09.020.08 (B)

B. Where alleys exist, access to on-site parking for any non-residential use or for any multifamily dwelling of three or more units shall be from the alley. Parking areas

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Four Paws Grooming Conditional Use Permit Lots 8, 9, 10, Block 8; 20’ of Chestnut Street (519 South Main Street) Planning and Zoning Commission – November 5, 2018 Staff Report – Page | 4

adjacent to alleys may be designed to allow a vehicle to back from the parking area into the alley.

Commission Findings

N/A, as the parking configuration is existing. Parking can be accessed from Chestnut Street and Main Street.

☐ ☐ ☒ 17.09.020.08 (C)

C. If the site is not serviced by an alley, access shall be from a single approach to the street to confine vehicular/pedestrian conflict to limited locations, allow more buffering of the parking area and preserve the street frontage for pedestrian traffic.

Commission Findings

N/A, as access is existing. Parking access is off of Chestnut Street and Main Street.

☒ ☐ ☐ 17.09.020.08 (D)

D. Access for on-site parking areas or loading spaces shall be located in such a way that any vehicle entering or leaving such area shall be clearly visible by a pedestrian or motorist approaching the access or driveway from a public or private street.

Commission Findings

The existing parking locations are clearly visible to both pedestrians and motorists off of Chestnut Street.

☐ ☐ ☒ 17.09.020.08 (E)

E. Access for subdivisions shall be provided in accordance with standards set forth in Section 4 of the Subdivision Ordinance.

Commission Findings

N/A

☐ ☐ ☒ 17.09.020.08 (F)

F. Parking areas containing no more than two (2) parking spaces in any zoning district or parking areas within the LR, GR, TN, TI and LI Districts may be designed to allow a vehicle to back from the parking area into the public right-of-way.

Commission Findings

N/A, as the building is located in the Business (B) Zoning District.

☐ ☐ ☒ 17.09.020.08 (G)

G. Parking areas for residential uses only may be designed to allow required parking spaces for one vehicle to deny access to another vehicle, thus “stacking” the parking area. For non-residential uses, stacked parking may be allowed only for additional spaces that may be provided in excess of the required number of parking spaces.

Commission Findings

N/A, as this is a non-residential use. Existing parking is not stacked.

☐ ☐ ☒ Chapter 17.05: Bulk Requirements

Business (B) District: - Minimum Lot Size: 0 sf - Maximum Lot Width: 0 ft - Maximum Building Height: 35 - Front Setback: 0 ft - Side and Rear Yard Setback: 0 ft

Commission Findings

The structure and lot are existing.

Chapter 17.11 Criteria for Review of Conditional Use Permits

Page 39: City of Hailey · CA 1 Adoption of the Meeting Minutes of October 15th, 2018. ACTION ITEM . CA 2 Adoption of the Findings of Fact, Conclusions of Law and Decision of a Design Review

Four Paws Grooming Conditional Use Permit Lots 8, 9, 10, Block 8; 20’ of Chestnut Street (519 South Main Street) Planning and Zoning Commission – November 5, 2018 Staff Report – Page | 5

Compliant Standards and Commission Findings

Yes No N/A City Code City Standards and Commission Findings

☒ ☐ ☐ 17.11.010 Compliance with the Comprehensive Plan 17.11.010: Purpose. The City of Hailey recognizes that certain uses possess unique and special characteristics with respect to their location, design, size, method of operation, circulation, and public facilities. In order to protect the public welfare and promote conformance with the Comprehensive Plan, conditional use permits are required for such uses upon review by the Commission.

Commission Findings

This Application complies with the following goals and objectives of the Comprehensive Plan:

• Goal 5.2: Land Use, Population, and Growth Management: Maintain Downtown as the area containing the greatest concentration of commercial, cultural and civic activity and the priority area for encouraging higher density commercial and mixed-use (commercial and residential) development.

o This project brings civic activity to an existing building in Hailey’s Downtown. A larger building could provide the opportunity for the business to grow in size, offering services to meet the needs of Hailey residents and visitors, alike.

• Goal 6.1: Economic Development: Encourage a diversity of economic development opportunities within Hailey.

o The project will bring activity to the downtown area and promote economic growth and downtown diversity.

☒ ☐ ☐ 17.11.040.01(a) 17.11.040.01 The Commission or Hearing Examiner shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and, if approved, shall find adequate evidence showing that such use at the proposed location: a. Will, in fact, constitute a conditional use as established for the zoning district involved; and

Commission Findings

According to Chapter 17.05 of the Hailey Municipal Code, overnight pet boarding requires a Conditional Use Permit in the Business (B) Zoning District.

☒ ☐ ☐ 17.11.040.01(b) b. Will be designed, constructed, operated, and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area;

Commission Findings

The property to the north of Four Paws is currently a preschool facility, Little River Preschool. Separation has been enhanced with an improved fence. Main Street is adjacent to the east, and D.L. Evans Bank is located to the south. The property to the west is currently a residential dwelling, and is separated by open space and mature landscaping. Downtown Hailey is comprised of a variety of commercial uses and per the Comprehensive Plan, thrives on diversity.

☒ ☐ ☐ 17.11.040.01(c) c. Will not be hazardous or disturbing to existing or future neighboring uses.

Commission Findings

The proposed use may produce noise and/or odor. The space was renovated in 2017/2018 to accommodate for several animals being onsite. An outdoor space

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Four Paws Grooming Conditional Use Permit Lots 8, 9, 10, Block 8; 20’ of Chestnut Street (519 South Main Street) Planning and Zoning Commission – November 5, 2018 Staff Report – Page | 6

has been designated for animals to move more freely. A sound deadening concrete floor has been incorporated to minimize sound from the building, and additional wall and ceiling insulation has been added to mitigate animal sounds. A new HVAC system with air purification and filtering to reduce the impact of added odor has been installed.

☒ ☐ ☐ 17.11.040.01(d) d. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, and drainage structure. Agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service.

Commission Findings

It does not appear that this use will impact the ability for public facilities to provide services to this property. The vehicular and pedestrian access to the site will remain as it currently exists.

☒ ☐ ☐ 17.11.040.01(e) e. Will not create excessive additional requirements at public cost for public facilities and services; and

Commission Findings

At this time, no additional cost will be incurred from any public agencies for this facility to function and operate.

☒ ☐ ☐ 17.11.040.01(f) f. Will not involve uses, activities, processes, materials, equipment, or conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, dust, odors, vibration, water or air pollution, or safety hazards.

Commission Findings

The proposed use may produce noise and/or odor. The space was renovated in 2017/2018 to accommodate for several animals being onsite. An outdoor space has been designated for animals to move more freely. A sound deadening concrete floor has been incorporated to minimize sound from the building, and additional wall and ceiling insulation has been added to mitigate animal sounds. A new HVAC system with air purification and filtering to reduce the impact of added odor has been installed.

☒ ☐ ☐ 17.11.040.01(g) g. Will have vehicular approaches to the property which shall be designed so as not to create an interference with traffic on surrounding public thoroughfares;

Commission Findings

The existing building is accessed via Chestnut Street and Main Street for public parking. This traffic pattern is existing, and Staff is not aware of any issues with the current circulation.

☒ ☐ ☐ 17.11.040.01(h) h. Will not result in the destruction, loss or damage of a natural, scenic or historic feature.

Commission Findings

The addition of Overnight VIP Pet Boarding shall not result in the destruction, loss or damage of natural, historic or scenic features. The space was renovated in 2017/2018 to accommodate for several animals being onsite. An outdoor space has been designated for animals to move more freely. A sound deadening concrete floor has been incorporated to minimize sound from the building, and additional wall and ceiling insulation has been added to mitigate animal sounds. The renovations complement the surrounding buildings on Main Street, retaining essential character and charm found in the area.

17.11.060 Conditions.

Page 41: City of Hailey · CA 1 Adoption of the Meeting Minutes of October 15th, 2018. ACTION ITEM . CA 2 Adoption of the Findings of Fact, Conclusions of Law and Decision of a Design Review

Four Paws Grooming Conditional Use Permit Lots 8, 9, 10, Block 8; 20’ of Chestnut Street (519 South Main Street) Planning and Zoning Commission – November 5, 2018 Staff Report – Page | 7 The Commission or Hearing Examiner may impose any conditions which it deems necessary to secure the purpose of City regulations and give effect to the Comprehensive Plan. Conditions which may be attached include, but are not limited to those which will:

17.11.060(A) Require conformity to approved plans and specifications. 17.11.060(B) Require or restrict open spaces, buffer strips, walls, fences, signs, concealing

hedges, landscaping and lighting. 17.11.060(C) Restrict volume of traffic generated, require off-street parking, and restrict

vehicular movements within the site and points of vehicular ingress and egress or other conditions related to traffic.

17.11.060(D) Require performance characteristics related to the emission of noise, vibration and other potentially dangerous or objectionable elements.

17.11.060(E) Limit time of day for the conduct of specified activities. 17.11.060(F) Require guarantees such as performance bonds or other security for

compliance with the terms of the approval. 17.11.060(G) Require dedications and public improvements on property frontages. 17.11.060(H) Require irrigation ditches, laterals, and canals to be covered or fenced. 17.11.060(I) Minimize adverse impact on other development. 17.11.060(J) Control the sequence, timing and duration of development. 17.11.060(K) Assure that development is maintained properly. 17.11.060(L) Designate the exact location and nature of development. 17.11.060(M) Require the provision for on-site or off-site public services. 17.11.060(N) Require more restrictive standards than those generally found in this

Ordinance. 17.11.060(O) Mitigate foreseeable social, economic, fiscal and environmental effects. 17.11.060(P) Set a limit on the duration of the permit when deemed necessary. 17.11.060(Q) Allow for subsequent periodic review.

Summary Section 17.11.010 of the Hailey Zoning Ordinance states that “the City of Hailey recognizes that certain uses possess unique and special characteristics with respect to their location, design, size, method of operation, circulation, and public facilities. In order to protect the public welfare and promote conformance with the Comprehensive Plan, conditional use permits are required for such uses upon review by the Commission.” Conditional Use Permits are subject to review and revocation pursuant to Section 17.11.090 of the Hailey Municipal Code. This statement will be included in the Findings of Fact, Conclusions of Law, and Decision for any Conditional Use Permit approved by the Commission. By ordinance, the Commission is required to decide to approve, conditionally approve, or deny the application within forty-five (45) days after conclusion of the public hearing and issue its decision together with the reasons therefore. The Commission is required to review the application, all supporting documents and plans, and Section 17.11 of the Zoning Ordinance, in making their decision. The Commission should make Findings of Fact related to the criteria of Section 17.11, (a) through (h). Suggested Conditions The following conditions are suggested to be placed on approval of this application:

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Four Paws Grooming Conditional Use Permit Lots 8, 9, 10, Block 8; 20’ of Chestnut Street (519 South Main Street) Planning and Zoning Commission – November 5, 2018 Staff Report – Page | 8

a) All Fire Department and Building Department requirements shall be met in regard to all maintenance, administrative, and other functions of this facility.

Motion Language Approval: Motion to approve Conditional Use Permit Application by Four Paws Grooming for Overnight VIP Pet Boarding, located at 519 South Main Street (Hailey Lots 8, 9, 10 Block 8; 20 feet of Chestnut Street Adj to Lot 10 Block 8), finding that the Application meets each of the criteria for review cited in the Hailey Municipal Code, that the Conditional Use Permit complies with the Comprehensive Plan, and that conditions (a) through (b) noted above, are met. Denial: Motion to deny Conditional Use Permit Application by Four Paws Grooming for Overnight VIP Pet Boarding, located at 519 South Main Street (Hailey Lots 8, 9, 10 Block 8; 20 feet of Chestnut Street Adj to Lot 10 Block 8), finding that _______________ [the Commission should cite which standards are not met and provide the reason why each identified standard is not met]. Continuation: Motion to continue the public hearing to [the Commission should specify a date].

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Return to Agenda

Page 46: City of Hailey · CA 1 Adoption of the Meeting Minutes of October 15th, 2018. ACTION ITEM . CA 2 Adoption of the Findings of Fact, Conclusions of Law and Decision of a Design Review

Hailey Car Wash Design Review Lots 1-8, Block 135, Hailey Townsite (805 and 809 South 3rd Avenue) Hailey Planning and Zoning Commission – November 5, 2018 Staff Report – Page | 1

DESIGN REVIEW STAFF REPORT

TO: Hailey Planning and Zoning Commission

FROM: Robyn Davis, Community Development City Planner OVERVIEW: Consideration of Design Review Application by Sun Valley Car Wash, represented by

Errin Bliss, for a new 3,292 square foot Car Wash Tunnel, to be located at 805 and 809 South 3rd Avenue, Hailey (Lots 1-8, Block 135, Hailey Townsite) within the Limited Business (LB) and Townsite Overlay (TO) Zoning Districts. This project consists of three phases. The proposed Car Wash Tunnel, parking and alley improvements, and landscaping will be constructed during the first phase.

HEARING: November 5, 2018

Applicant: Sun Valley Car Wash, represented by Errin Bliss of Bliss Architecture

Request: Design Review for a 3,292 square foot Car Wash Tunnel

Location: 805 and 809 South 3rd Avenue (Lots 1-8, Block 135, Hailey Townsite)

Zoning: Limited Business (LB) and Townsite Overlay (TO)

Notice: Notice for the public hearing was published in the Idaho Mountain Express on October 17, 2018 and mailed to property owners within 300 feet on October 17, 2018.

Application: The Applicant is proposing a new 3,292 square foot Car Wash Tunnel, which will also include: two new vacuum stations, parking and alley improvements, and landscaping. Access to the building will remain as existing, from Third Avenue and the alley. This project consists of three phases. Subsequent phases will include the construction of the Café and a second Car Wash Tunnel, larger in size to accommodate for larger vehicles, such as: vans, busses, trucks, and more.

Procedural History: The Design Review Application was submitted on October 5, 2018 and certified complete on October 15, 2018. A public hearing before the Planning and Zoning Commission for approval or denial of the project will be held on November 5, 2018, in the Hailey City Council Chambers.

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Hailey Car Wash Design Review Lots 1-8, Block 135, Hailey Townsite (805 and 809 South 3rd Avenue) Hailey Planning and Zoning Commission – November 5, 2018 Staff Report – Page | 2

General Requirements for all Design Review Applications

Compliant Standards and Staff Comments Yes No N/A City Code City Standards and Staff Comments

☒ ☐ ☐ 17.06.050 Complete Application

☒ ☐ ☐ Department Comments

Engineering: All Drywells located on City property need to comply with City Standards. All Drywells on private property, that serve drainage on public property, will need an Access and Maintenance Easement. Per the Public Works Department, Drywell #2 appears to receive a large amount of onsite flow. Public Works recommends that all onsite flow be intercepted before leaving the site, when the area, such as the proposed area, is significant in size. The Applicant confirmed that all Drywells located in the City Right-of-Way will meet City Standards as drawn on the Permit Drawings. The City Engineer will review and approve/comment prior to issuance of a Building Permit. Public Works Department shared concerns of runoff along Senior Center curb line. City Staff recommends that runoff in the area be addressed in greater depth. The City Engineer noted that Civil Plans do not address Ribbon Curb Detail, as called for on the Site Plan. City Engineer questions whether curb detail is proud or flush, and if proud, City Engineer believes it will complicate the proposed parking for the Senior Center near the new northern approach. The Applicant confirmed that curb detail is flush and will provide detail in the Permit Drawings.

Life/Safety: No comments Water and Sewer: The Public Works Department recommends that the Owner install a 1,000-gallon or larger grease/grit separator. This separator shall be connected to the car wash drains only. The separator will need to be serviced and maintained regularly. All other domestic sewer will need to bypass the separator and deposit directly in to the sewer main. This has been made a Condition of Approval.

The Public Works Department also recommends installation of a RPBA Backflow Device on the Domestic Service System going to the proposed Car Wash, as use is categorized as a High Hazard. The proposed Café will also need the same backflow device if coming from a separate connection. Irrigation will need a Double Check, with current standards on how to connect irrigation off of their main water supply. Details to be reviewed at Final Design.

Lastly, upon inspection, the Public Works Department noted that the existing water service for 809 South Third Avenue comes off of Third Avenue, not in the alley, as shown on the submitted plans. City Staff suggests that if the Owner would like two water services to the property, they will need to tap the water main and run a new service. All unused water services at the main shall be abandoned. This has been made a Condition of Approval.

Building: No comments Streets: The City of Hailey shall not maintain the proposed landscaping within the City Right-of-Way, nor perform snow removal in these areas. Curb lines adjacent and parallel to Third Avenue shall be ramped where a snow plow has the potential to impact them. The Streets Division questions whether a combined curb and gutter

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Hailey Car Wash Design Review Lots 1-8, Block 135, Hailey Townsite (805 and 809 South 3rd Avenue) Hailey Planning and Zoning Commission – November 5, 2018 Staff Report – Page | 3

section be more appropriate for this area. The Applicant Team is receptive to City Staff feedback and are open to further discussion.

The proposed off-site parking spaces on Third Avenue need to connect to the proposed sidewalk that runs parallel with Third Avenue. City Staff recommends that through connectivity be made to ensure pedestrians can safely access Hailey Car Wash and Café without walking over landscaping and/or roadway. The Applicant Team has agreed to provide an access route, if preferred by the City.

Hailey Car Wash applied for a Conditional Use Permit (CUP) in 2017. The Commission approved the CUP Application in February 2018. The Streets Department noted in the Findings of Fact, that the alley behind the subject property is in poor condition and will need to be repaired. Staff believes the use proposed will create additional impact on the alley, such that the alley should be widened to 12-feet for the width and for the length of the subject property. This has been made a Condition of Approval. City Staff further notes that there will be no snow removal by the City in the alley. If performed in the future, City Staff believes the proposed reverse alley crown will be difficult to plow; however, are in favor of not having the runoff flow over the alley to the west. City Staff questions how the reverse crown would tie into the existing alley paving.

All improvements within the City Right-of-Way must comply with City Standards and additional review and comment will be provided at final design.

☒ ☐ ☐ 17.08A Signs 17.08A Signs: The applicant is hereby advised that a sign permit is required for any signage exceeding four square feet in sign area. Approval of signage areas or signage plan in Design Review does not constitute approval of a sign permit.

Staff Comments

Proposed signage is shown on the drawings that were submitted October 9, 2018. A Sign Permit Application and review will be required prior to installation. This has been made a Condition of Approval.

☒ ☐ ☐ 17.09.040 On- site Parking Requirements

See Section 17.09.040 for applicable code. 1 parking space per 1,000 gross square feet

Staff Comments

The Hailey Municipal Code requires one (1) parking space per 1,000 gross square feet. The proposed Car Wash Tunnel is 3,292 square feet in size; therefore, three (3) parking spaces are required. The Applicant is proposing three (3) parking spaces, along with one (1) accessible space; a total of four (4) parking spaces altogether. The proposed Café is 2,010 square feet in size; therefore, two (2) parking spaces are required. The Applicant is proposing four (4) parking spaces, along with one (1) accessible space; a total of five (5) parking spaces altogether. A total of five (5) off-site parking spaces are also proposed. Three (3) bike spaces are also required. Two (2) bike posts are proposed. Each post can accommodate two (2) bikes. A total of four (4) bike spaces are proposed. This project meets the total number of parking spaces required by the Hailey Municipal Code.

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Hailey Car Wash Design Review Lots 1-8, Block 135, Hailey Townsite (805 and 809 South 3rd Avenue) Hailey Planning and Zoning Commission – November 5, 2018 Staff Report – Page | 4

☒ ☐ ☐ 17.08C.040 Outdoor Lighting Standards

17.08 C.040 General Standards a. All exterior lighting shall be designed, located and lamped in order

to prevent: 1. Overlighting; 2. Energy waste; 3. Glare; 4. Light Trespass; 5. Skyglow.

b. All non-essential exterior commercial and residential lighting is encouraged to be turned off after business hours and/or when not in use. Lights on a timer are encouraged. Sensor activated lights are encouraged to replace existing lighting that is desired for security purposes.

c. Canopy lights, such as service station lighting shall be fully recessed or fully shielded so as to ensure that no light source is visible from or causes glare on public rights of way or adjacent properties.

d. Area lights. All area lights are encouraged to be eighty-five (85) degree full cut-off type luminaires.

e. Idaho Power shall not install any luminaires after the effective date of this Article that lights the public right of way without first receiving approval for any such application by the Lighting Administrator.

Staff Comments

The Applicant is proposing a variety of light fixtures. Cut sheets and a photometric plan have been submitted.

☒ ☐ ☐ Bulk Requirements

Zone: Limited Business (LB) Maximum Height: 35’ Lot Coverage: 70%

Staff Comments

Proposed Height of Car Wash Tunnel: 27’ Proposed Height of Café: 14’ Proposed Front Yard Setback: 12’-4” Proposed Rear Yard Setback: 18’-6” Proposed Side Yard Setbacks:

• North: 61’-9” • South: 27’-7”

Proposed Lot Coverage: 20%

• (4,962 square feet of building area / 24,071 square feet of lot area = 20%) The proposed Car Wash Tunnel and Café comply with the height, setback requirements and lot coverage of the Hailey Municipal Code.

☒ ☐ ☐ 17.06.070(A)1 Required Street Improvements Required

Sidewalks and drainage improvements are required in all zoning districts, except as otherwise provided herein.

Staff Comments

A new 6-foot wide sidewalk, curb and gutter are proposed at the east property line along Third Avenue. A 5-foot wide sidewalk runs perpendicular to the sidewalk along Third Avenue and will connect pedestrians from Third Avenue west into the site. This sidewalk leads to the front entrance of the proposed Café and to the east side of the Car Wash Tunnel. Another 5-foot wide sidewalk will run parallel with the Car Wash Tunnel, where pedestrians and/or employees can gain access to the south entrance of the Car Wash Tunnel. The proposed off-site parking spaces on Third Avenue need to connect to the

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Hailey Car Wash Design Review Lots 1-8, Block 135, Hailey Townsite (805 and 809 South 3rd Avenue) Hailey Planning and Zoning Commission – November 5, 2018 Staff Report – Page | 5

proposed sidewalk that runs parallel with Third Avenue. City Staff recommends that through connectivity be made to ensure pedestrians can safely access Hailey Car Wash and Café without walking over landscaping and/or roadway. The Applicant Team has agreed to provide an access route, if preferred by the City. All improvements within the City Right-of-Way must comply with City Standards and additional review and comment will be provided at final design.

☒ ☐ ☐ 17.06.070(B) Required Water System Improvements

In the Townsite Overlay District, any proposal for new construction or addition of a garage accessing from the alley, where water main lines within the alley are less than six (6) feet deep, the developer shall install insulating material (blue board insulation or similar material) for each and every individual water service and main line between and including the subject property and the nearest public street, as recommended by the City Engineer.

Staff Comments

This will be made a Condition of Approval.

Design Review Requirements for Non-Residential,

Multifamily, and/or Mixed-Use Buildings within the City of Hailey

1. Site Planning: 17.06.080(A) 1, items (a) thru (n)

Compliant Standards and Staff Comments Yes No N/A City Code City Standards and Staff Comments

☒ ☐ ☐ 17.06.080(A) 1a

a. The location, orientation and surface of buildings shall maximize, to the greatest extent possible sun exposure in exterior spaces to create spaces around buildings that are usable by the residents and allow for safe access to buildings

Staff Comments

The proposed project follows the grid pattern of downtown Hailey. The proposed Car Wash Tunnel runs parallel with the north and south property lines. The east elevation will include two overhead doors and several storefront windows, to better incorporate natural light and break up the long wall plane of the tunnel. The second floor, a 340 square foot office/studio space, will be accessed from the north, and will also include several windows and a balcony, to create a more welcoming space by its employees.

☒ ☐ ☐ 17.06.080(A) 1b

b. All existing plant material shall be inventoried and delineated, to scale, and noted whether it is to be preserved, relocated or removed. Removal of trees larger than 6-inch caliper proposed to be removed require an arborist review. Any tree destroyed or mortally injured after previously being identified to be preserved, or removed without authorization, shall be replaced with a species of tree found in the Tree Guide and shall be a minimum of 4-inch caliper.

Staff Comments

The Applicant is proposing to add a variety of trees, shrubs and flowers, which will address details of color, texture and form, as well as complement the area and downtown Hailey nicely. The Applicant is proposing to add a total of twenty (20) trees to the site. The following specie types and sizes are proposed:

• Eleven (11) - 4” caliper trees o Four (4) Deborah Norway Maple Trees o Four (4) Greenspire Linden Trees o Three (3) Japanese Lilac Trees

• Four (4) – 3” caliper trees o Four (4) Columnar Siberian Crab Apple Trees

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Hailey Car Wash Design Review Lots 1-8, Block 135, Hailey Townsite (805 and 809 South 3rd Avenue) Hailey Planning and Zoning Commission – November 5, 2018 Staff Report – Page | 6

• Three (3) – 2 ½” caliper trees o Three (3) Vanderwolf’s Pyramid Limber Pine + one (1) additional

4” caliper tree The Applicant is proposing to remove the following trees from the site:

• Three (3) - 16” caliper Crab Apple Trees • One (1) - 12” caliper Siberian Elm Tree • Three (3) - 6” caliper Siberian Elm Trees • One (1) - 48” caliper Cottonwood Tree • One (1) - 8” caliper Norway Spruce Tree • One (1) - 12” caliper Colorado Spruce Tree • One (1) - 6” caliper Arctic Willow Tree

The Applicant is also proposing to incorporate raised planter beds along the north and east elevations of the Car Wash Tunnel. The City Arborist recommends that all landscaping maintenance within the City Right-of-Way be the responsibility of the Owner, as some of the proposed landscaping requires more maintenance than others (Syringa Reticulata). The City Arborist believes structured maintenance of said area is needed to best meet the needs of the landscaping and to comply with City Standards. This has been made a Condition of Approval. The City Arborist also recommends that all plants proposed at a size #1 (1-gallon pot size) shall be increased to a minimum of size #5 (5-gallon pot size). The City Arborist believes there is too much space between mature shrubs and perennials, creating unnecessary gaps and giving the appearance of incomplete landscaping. By increasing the size and number of shrubs and perennials per planting bed, said beds will look fuller and more complete, while still allowing enough space as not to overcrowd at maturity. This has been made a Condition of Approval.

☒ ☐ ☐ 17.06.080(A) 1c

c. Site circulation shall be designed so pedestrians have safe access to and through the site and to building.

Staff Comments

A new 6-foot wide sidewalk, curb and gutter are proposed at the east property line along Third Avenue. A 5-foot wide sidewalk runs perpendicular to the sidewalk along Third Avenue and will connect pedestrians from Third Avenue west into the site. This sidewalk leads to the front entrance of the proposed Café and to the east side of the Car Wash Tunnel. Another 5-foot wide sidewalk will run parallel with the Car Wash Tunnel, where pedestrians and/or employees can gain access to the south entrance of the Car Wash Tunnel. The proposed off-site parking spaces on Third Avenue need to connect to the proposed sidewalk that runs parallel with Third Avenue. City Staff recommends that through connectivity be made to ensure pedestrians can safely access Hailey Car Wash and Café without walking over landscaping and/or roadway. The Applicant Team has agreed to provide an access route, if preferred by the City. All improvements within the City Right-of-Way must comply with City Standards and additional review and comment will be provided at final design.

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☒ ☐ ☐ 17.06.080(A) 1d

d. Building services including loading areas, trash storage/pickup areas and utility boxes shall be located at the rear of a building; the side of the building adjacent to an internal lot line may be considered as an alternate location. These areas shall be designed in a manner to minimize conflict among uses and shall not interfere with other uses, such as snow storage. These areas shall be screened with landscaping, enclosures, fencing or by the principal building.

Staff Comments

The loading/unloading area is proposed to be located on the west side of the Car Wash Tunnel, to be accessed from the alley. The trash enclosure, a new 6-foot high concrete masonry wall, will also be accessed from the alley. The trash enclosure will be screened from view and will complement the proposed design of the Car Wash Tunnel. A letter will be required from Clear Creek Disposal stating that the trash area is accessible. This has been made a Condition of Approval and shall be submitted prior to issuance of a Certificate of Occupancy.

☒ ☐ ☐ 17.06.080(A) 1e

e. Where alleys exist, or are planned, they shall be utilized for building services.

Staff Comments

Employee parking, an accessible parking space and a deliveries/loading and unloading zone will be accessed via the alley. Vehicular traffic entering the site from Third Avenue could also exit on to the alley, or if utilizing the Car Wash Tunnel, could exit back on to Third Avenue via the southern entrance/exit.

☐ ☐ ☒ 17.06.080(A) 1f

f. Vending machines located on the exterior of a building shall not be visible from any street.

Staff Comments

None proposed or existing.

☒ ☐ ☐ 17.06.080(A) 1g

g. On-site parking areas shall be located at the rear of the building and screened from the street. Parking and access shall not be obstructed by snow accumulation. (NOTE: If project is located in Airport West Subdivision, certain standards may apply that are not listed here. See code for details.)

i. Parking areas located within the SCI zoning district may be located at the side or rear of the building.

ii. Parking areas may be considered at the side of buildings within the B, LB, TI and LI zoning districts provided a useable prominent entrance is located on the front of the building and the parking area is buffered from the sidewalk adjacent to the street.

Staff Comments

Onsite parking areas are located cozily in front of the Café and to the east side of the Car Wash Tunnel. A useable, prominent entrance and exit are proposed to be located off of Third Avenue. Onsite parking areas will be buffered by sidewalks, landscaping and a wood slat screen/signage wall.

☒ ☐ ☐ 17.06.080(A) 1h

h. Access to on-site parking shall be from the alley or, if the site is not serviced by an alley, from a single approach to the street to confine vehicular/pedestrian conflict to limited locations, allow more buffering of the parking area and preserve the street frontage for pedestrian traffic.

Staff Comments

Employee parking, an accessible parking space and a deliveries/loading and unloading zone will be accessed via the alley. Vehicular traffic entering the site from Third Avenue could also exit on to the alley, or if utilizing the Car Wash Tunnel, could exit back on to Third Avenue via the southern entrance/exit. All other onsite parking is proposed to be accessed via Third Avenue.

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☒ ☐ ☐ 17.06.080(A) 1i

i. Snow storage areas shall be provided on-site where practical and sited in a manner that is accessible to all types of snow removal vehicles of a size that can accommodate moderate areas of snow.

Staff Comments

The site plan proposes 8,082 square feet of hardscape (parking, vehicle and pedestrian areas). 25% of this (2,021 square feet) is required for snow storage. 2,056 square feet of snow storage is proposed. Snow storage areas also appear to be accessible to all types of snow removal vehicles. Phase I of the proposed project complies with the snow storage requirements set forth in the Hailey Municipal Code. That said, the proposed project consists of three (3) phases of construction. When Phase II of the project is constructed, the existing asphalt paving will be removed and replaced with concrete paving and a snowmelt system. Phase III, construction of the Large Vehicle Car Wash Tunnel, would eliminate the possibility of storing snow onsite. The Commission could permit the hauling of snow off-site, if needed, once Phase III gets underway.

☒ ☐ ☐ 17.06.080(A) 1j

j. Snow storage areas shall not be less than 25% of the improved parking and vehicle and pedestrian circulation areas.

Staff Comments

The site plan proposes 8,082 square feet of hardscape (parking, vehicle and pedestrian areas). 25% of this (2,021 square feet) is required for snow storage. 2,056 square feet of snow storage is proposed. Phase I of the proposed project complies with the snow storage requirements set forth in the Hailey Municipal Code. That said, the proposed project consists of three (3) phases of construction. When Phase II of the project is constructed, the existing asphalt paving will be removed and replaced with concrete paving and a snowmelt system. Phase III, construction of the Large Vehicle Car Wash Tunnel, would eliminate the possibility of storing snow onsite. The Commission could permit the hauling of snow off-site, if needed, once Phase III gets underway.

☒ ☐ ☐ 17.06.080(A) 1k

k. A designated snow storage area shall not have any dimension less than 10 feet.

Staff Comments

The site plan proposes 8,082 square feet of hardscape (parking, vehicle and pedestrian areas). 25% of this (2,021 square feet) is required for snow storage. 2,056 square feet of snow storage is proposed.

☒ ☐ ☐ 17.06.080(A) 1l

l. Hauling of snow from downtown areas is permissible where other options are not practical.

Staff Comments

The site plan proposes 8,082 square feet of hardscape (parking, vehicle and pedestrian areas). 25% of this (2,021 square feet) is required for snow storage. 2,056 square feet of snow storage is proposed. Phase I of the proposed project complies with the snow storage requirements set forth in the Hailey Municipal Code.

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That said, the proposed project consists of three (3) phases of construction. When Phase II of the project is constructed, the existing asphalt paving will be removed and replaced with concrete paving and a snowmelt system. Phase III, construction of the Large Vehicle Car Wash Tunnel, would eliminate the possibility of storing snow onsite. The Commission could permit the hauling of snow off-site, if needed, once Phase III gets underway.

☒ ☐ ☐ 17.06.080(A) 1m

m. Snow storage areas shall not impede parking spaces, vehicular and pedestrian circulation or line of sight, loading areas, trash storage/pickup areas, service areas or utilities.

Staff Comments

None of the above appear to be impeded by snow storage.

☒ ☐ ☐ 17.06.080(A) 1n

n. Snow storage areas shall be landscaped with vegetation that is salt-tolerant and resilient to heavy snow.

Staff Comments

Snow storage areas appear to be landscaped.

2. Building Design: 17.06.080(A) 2, items (a) thru (m)

Compliant Standards and Staff Comments Yes No N/A City Code City Standards and Staff Comments

☒ ☐ ☐ 17.06.080(A) 2a

a. The proportion, size, shape and rooflines of new buildings shall be compatible with surrounding buildings.

Staff Comments

The proportion, size and rooflines of the new buildings are compatible with other businesses in the area.

☒ ☐ ☐ 17.06.080(A) 2b

b. Standardized corporate building designs are prohibited.

Staff Comments

The proposed buildings comply with this standard. No standardized corporate design will be utilized.

☒ ☐ ☐ 17.06.080(A) 2c

c. At ground level, building design shall emphasize human scale, be pedestrian oriented and encourage human activity and interaction.

Staff Comments

Phase I, the construction of the Car Wash Tunnel, will include a variety of exterior materials to enhance and emphasize human scale. The exterior materials proposed are: metal wall panels, in Regal White and Slate Gray, a natural wood siding, concrete masonry in Natural Gray and Black Canyon, and Douglas Fir posts and beams in Cabot ‘New Cedar’. Accent colors include Red 3003 and Forsythia (yellow). A variety of storefront windows and doors, and overhead doors will also provide for a more welcoming and safe entrance to the proposed building. Color renderings of the proposed elevations and a Materials Sample Board have been submitted.

☒ ☐ ☐ 17.06.080(A) 2d

d. The front façade of buildings shall face the street and may include design features such as windows, pedestrian entrances, building off-sets, projections, architectural detailing, courtyards and change in materials or similar features to create human scale and break up large building surfaces and volumes.

Staff Comments

The front façade of the proposed Car Wash Tunnel will face east, toward Third Avenue. A variety of storefront windows and doors, and overhead doors will provide for a more welcoming and safe entrance to the proposed building.

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☒ ☐ ☐ 17.06.080(A) 2e

e. Any addition onto or renovation of an existing building shall be designed to create a cohesive whole.

Staff Comments

No addition or renovations to an existing building exist. All new construction is proposed. The proposed project will complement that of the surround businesses, in color and in size, to create a cohesive whole.

☒ ☐ ☐ 17.06.080(A) 2f

f. All exterior walls of a building shall incorporate the use of varying materials, textures and colors.

Staff Comments

Phase I, the construction of the Car Wash Tunnel, will include a variety of exterior materials to enhance and emphasize human scale. The exterior materials proposed are: metal wall panels, in Regal White and Slate Gray, a natural wood siding, concrete masonry in Natural Gray and Black Canyon, and Douglas Fir posts and beams in Cabot ‘New Cedar’. Accent colors include Red 3003 and Forsythia (yellow). A variety of storefront windows and doors, and overhead doors will also provide for a more welcoming and safe entrance to the proposed building. Color renderings of the proposed elevations and a Materials Sample Board have been submitted.

☒ ☐ ☐ 17.06.080(A) 2g

g. Exterior buildings colors and materials shall be integrated appropriately into the architecture of the building and be harmonious within the project and with surrounding buildings.

Staff Comments

Metal wall panels, in Regal White and Slate Gray, a natural wood siding, concrete masonry in Natural Gray and Black Canyon, Douglas Fir posts and beams in Cabot ‘New Cedar’, and accent colors of Red 3003 and Forsythia (yellow), will add more color to the area, and integrate nicely with the color scheme and building design of other businesses in downtown Hailey.

☒ ☐ ☐ 17.06.080(A) 2h

h. Flat-roofed buildings over two stories in height shall incorporate roof elements such as parapets, upper decks, balconies or other design elements.

Staff Comments

A flat roof is proposed on the Car Wash Tunnel; however, with the exception of the proposed second floor, a 340 square foot office/studio space, the Car Wash Tunnel is only one-story in height. The building design of the second-floor office/studio space incorporates parapets and a balcony with guardrail.

☒ ☐ ☐ 17.06.080(A) 2i

i. All buildings shall minimize energy consumption by utilizing alternative energy sources and/or passive solar techniques. At least three (3) of the following techniques, or an approved alternative, shall be used to improve energy cost savings and provide a more comfortable and healthy living space: i) Solar Orientation. If there is a longer wall plane, it shall be placed on

an east-west axis. A building’s wall plane shall be oriented within 30 degrees of true south.

ii) South facing windows with eave coverage. At least 40% of the building’s total glazing surface shall be oriented to the south, with roof overhang or awning coverage at the south.

iii) Double glazed windows. iv) Windows with Low Emissivity glazing. v) Earth berming against exterior walls vi) Alternative energy. Solar energy for electricity or water heating,

wind energy or another approved alternative shall be installed on- site.

vii) Exterior light shelves. All windows on the southernmost facing side of the building shall have external light shelves installed.

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Staff Comments

The longer wall planes of the proposed Car Wash Tunnel are placed on the east-west axis. All storefront windows and doors will be double glazed and have low emissivity glazing. No other alternative energy methods are shown.

☒ ☐ ☐ 17.06.080(A) 2j

j. Gabled coverings, appropriate roof pitch, or snow clips and/or gutters and downspouts shall be provided over all walkways and entries to prevent snow from falling directly onto adjacent sidewalks.

Staff Comments

All sloped roofs shedding snow and rain onto pedestrian and vehicular circulation pathways will incorporate snow clips, gutters and downspouts.

☒ ☐ ☐ 17.06.080(A) 2k

k. Downspouts and drains shall be located within landscape areas or other appropriate locations where freezing will not create pedestrian hazards.

Staff Comments

No downspouts are shown on the plans. Drains are located in the parking lot.

☒ ☐ ☐ 17.06.080(A) 2l

l. Vehicle canopies associated with gas stations, convenience stores or drive- through facilities shall have a minimum roof pitch of 3/12 and be consistent with the colors, material and architectural design used on the principal building(s).

Staff Comments

The proposed Car Wash Tunnel, a drive-through facility, incorporates a flat-roof design and is 16-8” in height. The proposed colors are consistent with those on the proposed Café and Large Car Wash Tunnel.

☒ ☐ ☐ 17.06.080(A) 2m

m. A master plan for signage is required to ensure the design and location of signs is compatible with the building design and compliance with Title 17: Zoning Regulations.

Staff Comments

Proposed signage is shown on the drawings submitted October 9, 2018. A Master Sign Plan, Sign Permit Application and review will be required prior to installation. This has been made a Condition of Approval.

3. Accessory Structures, Fences and Equipment/Utilities: 17.06.080(A) 3, items (a) thru (i)

Compliant Standards and Staff Comments Yes No N/A City Code City Standards and Staff Comments

☒ ☐ ☐ 17.06.080(A) 3a

a. Accessory structures shall be designed to be compatible with the principal building(s).

Staff Comments

An existing shed is located at the southwest corner of the site. The shed will remain. No renovations or change in exterior materials are proposed at this time.

☒ ☐ ☐ 17.06.080(A) 3b

b. Accessory structures shall be located at the rear of the property.

Staff Comments

The existing shed is located at the southwest corner of the site, or to the rear of the property.

☒ ☐ ☐ 17.06.080(A) 3c

c. Walls and fences shall be constructed of materials compatible with other materials used on the site.

Staff Comments

An existing 6-foot tall cedar fence along the north property line will remain. Two (2), 3’-6”-tall wood slat screens are proposed near the southeast entrance/exit. These screens will be mostly decorative in nature and are compatible with other materials used on the site.

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☒ ☐ ☐ 17.06.080(A) 3d

d. Walls and fencing shall not dominate the buildings or the landscape. Planting should be integrated with fencing in order to soften the visual impact.

Staff Comments

An existing 6-foot tall cedar fence along the north property line will remain. Two (2), 3’-6”-tall wood slat screens are proposed near the southeast entrance/exit. These screens will be mostly decorative in nature and are compatible with other materials used on the site.

☒ ☐ ☐ 17.06.080(A) 3e

e. All roof projections including, roof-mounted mechanical equipment, such as heating and air conditioning units, but excluding solar panels and Wind Energy Systems that have received a Conditional Use Permit, shall be shielded and screened from view from the ground level of on-site parking areas, adjacent public streets and adjacent properties.

Staff Comments

All roof-mounted mechanical equipment, plumbing and electrical equipment will be screened from view from the ground level of on-site parking areas, adjacent public streets and adjacent properties.

☐ ☐ ☒ 17.06.080(A) 3f

f. The hardware associated with alternative energy sources shall be incorporated into the building’s design and not detract from the building and its surroundings.

Staff Comments

N/A

☒ ☐ ☐ 17.06.080(A) 3g

g. All ground-mounted mechanical equipment, including heating and air conditioning units, and trash receptacle areas shall be adequately screened from surrounding properties and streets by the use of a wall, fence, or landscaping, or shall be enclosed within a building.

Staff Comments

All ground-mounted mechanical equipment, plumbing and electrical equipment will be screened from view. Trash receptacle areas will also be adequately screened from surrounding properties and streets, by the use of a 6-foot high concrete masonry wall.

☒ ☐ ☐ 17.06.080(A) 3h

h. All service lines into the subject property shall be installed underground.

Staff Comments

All services and utilities shall be installed underground.

☒ ☐ ☐ 17.06.080(A) 3i

i. Additional appurtenances shall not be located on existing utility poles.

Staff Comments

No appurtenances are proposed on existing utility poles.

4. Landscaping: 17.06.080(A) 4, items (a) thru (n)

Compliant Standards and Staff Comments Yes No N/A City Code City Standards and Staff Comments

☒ ☐ ☐ 17.06.080(A) 4a

a. Only drought tolerant plant species and/or xeriscape specific plant materials shall be used, as specified by the Hailey Landscaping Manual or an approved alternative.

Staff Comments

Plant materials will be appropriate for the environment.

☒ ☐ ☐ 17.06.080(A) 4b

b. All plant species shall be hardy to the Zone 4 environment.

Staff Comments

Plant materials will be appropriate for the environment.

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☒ ☐ ☐ 17.06.080(A) 4c

c. At a minimum, a temporary irrigation system that fully operates for at least two complete growing seasons is required in order to establish drought tolerant plant species and/or xeriscape specific plant materials. Features that minimize water use, such as moisture sensors, are encouraged.

Staff Comments

All landscaped areas will have an underground sprinkler and/or automatic drip irrigation system on a timer is planned. Planter beds will also have drip irrigation with moisture sensors specified.

☒ ☐ ☐ 17.06.080(A) 4d

d. Landscaped areas shall be planned as an integral part of the site with consideration of the urban environment. A combination of trees shrubs, vines, ground covers and ornamental grasses shall be used. New landscaped areas having more than 10 trees, a minimum of 10% of the trees shall be at least 4- inch caliper, 20% shall be at least 3-inch caliper, and 20% shall be at least 2½ inch caliper and a maximum of 20% of any single tree species may be used in any landscape plan (excluding street trees). New planting areas shall be designed to accommodate typical trees at maturity. Buildings within the LI and SCI-I zoning district are excluded from this standard.

Staff Comments

For newly landscaped areas having more than ten (10) trees onsite, the Hailey Municipal Code requires that 10% shall be of at least 4” caliper, 20” shall be of at least 3” caliper, and 20% shall be of at least 2 ½” caliper. The Applicant is proposing to add a total of twenty (20) trees to the site. The following specie types and sizes are proposed:

• Eleven (11) - 4” caliper trees o Four (4) Deborah Norway Maple Trees o Four (4) Greenspire Linden Trees o Three (3) Japanese Lilac Trees

• Four (4) – 3” caliper trees o Four (4) Columnar Siberian Crab Apple Trees

• Three (3) – 2 ½” caliper trees o Three (3) Vanderwolf’s Pyramid Limber Pine + one (1) additional

4” caliper tree The Applicant is proposing to remove the following trees from the site:

• Three (3) - 16” caliper Crab Apple Trees • One (1) - 12” caliper Siberian Elm Tree • Three (3) - 6” caliper Siberian Elm Trees • One (1) - 48” caliper Cottonwood Tree • One (1) - 8” caliper Norway Spruce Tree • One (1) - 12” caliper Colorado Spruce Tree • One (1) - 6” caliper Arctic Willow Tree

The Applicant is also proposing to incorporate raised planter beds along the north and east elevations of the Car Wash Tunnel. The City Arborist recommends that all landscaping maintenance within the City Right-of-Way be the responsibility of the Owner, as some of the proposed landscaping requires more maintenance than others (Syringa Reticulata). The City Arborist believes structured maintenance of said area is needed to best meet the needs of the landscaping and to comply with City Standards. This has been made a Condition of Approval. The City Arborist also recommends that all plants proposed at a size #1 (1-gallon pot size) shall be increased to a minimum of size #5 (5-gallon pot size). The City Arborist believes there is too much space between mature shrubs and perennials, creating unnecessary gaps and giving the appearance of incomplete landscaping.

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By increasing the size and number of shrubs and perennials per planting bed, said beds will look fuller and more complete, while still allowing enough space as not to overcrowd at maturity. This has been made a Condition of Approval.

☐ ☐ ☒ 17.06.080(A) 4e

e. Seasonal plantings in planter boxes, pots, and/or hanging baskets shall be provided to add color and interest to the outside of buildings in the LI and SCI-I zoning districts.

Staff Comments

N/A, as the proposed building is located within the Limited Business (LB) Zone District.

☒ ☐ ☐ 17.06.080(A) 4f

f. Plantings for pedestrian areas within the B, LB, TN and SCI-O zoning districts shall be designed with attention to the details of color, texture and form. A variety of trees, shrubs, perennials, ground covers and seasonal plantings, with different shapes and distinctive foliage, bark and flowers shall be used in beds, planter boxes, pots, and/or hanging baskets.

Staff Comments

The Applicant is proposing to add a variety of trees, shrubs and flowers, which will address details of color, texture and form, as well as complement the area and downtown Hailey nicely. The Applicant is proposing to add a total of twenty (20) trees to the site. The following specie types and sizes are proposed:

• Eleven (11) - 4” caliper trees o Four (4) Deborah Norway Maple Trees o Four (4) Greenspire Linden Trees o Three (3) Japanese Lilac Trees

• Four (4) – 3” caliper trees o Four (4) Columnar Siberian Crab Apple Trees

• Three (3) – 2 ½” caliper trees o Three (3) Vanderwolf’s Pyramid Limber Pine + one (1) additional

4” caliper tree

The Applicant is also proposing to incorporate raised planter beds along the north and east elevations of the Car Wash Tunnel. The City Arborist recommends that all landscaping maintenance within the City Right-of-Way be the responsibility of the Owner, as some of the proposed landscaping requires more maintenance than others (Syringa Reticulata). The City Arborist believes structured maintenance of said area is needed to best meet the needs of the landscaping and to comply with City Standards. This has been made a Condition of Approval. The City Arborist also recommends that all plants proposed at a size #1 (1-gallon pot size) shall be increased to a minimum of size #5 (5-gallon pot size). The City Arborist believes there is too much space between mature shrubs and perennials, creating unnecessary gaps and giving the appearance of incomplete landscaping. By increasing the size and number of shrubs and perennials per planting bed, said beds will look fuller and more complete, while still allowing enough space as not to overcrowd at maturity. This has been made a Condition of Approval.

☒ ☐ ☐ 17.06.080(A) 4g

g. Storm water runoff should be retained on the site wherever possible and used to irrigate plant materials.

Staff Comments

It appears that storm water runoff is within planting beds. The Applicant can further describe water retainment, if needed.

☒ ☐ ☐ 17.06.080(A) 4h

h. A plan for maintenance of the landscaping areas is required to ensure that the project appears in a well-maintained condition (i.e., all weeds and trash removed, dead plant materials removed and replaced).

Staff Comments

The Applicant will be responsible for maintaining plant material in a healthy condition and ensure that the project appears to be well-maintained. Plants were

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chosen for their ability to thrive in the conditions onsite. Maintenance notes are provided in the plant schedule for each individual species specified.

☐ ☐ ☒ 17.06.080(A) 4i

i. Retaining walls shall be designed to minimize their impact on the site and the appearance of the site.

Staff Comments

N/A, no retaining walls are proposed.

☐ ☐ ☒ 17.06.080(A) 4j

j. Retaining walls shall be constructed of materials that are utilized elsewhere on the site, or of natural or decorative materials.

Staff Comments

N/A, no retaining walls are proposed.

☐ ☐ ☒ 17.06.080(A) 4k

k. Retaining walls, where visible to the public and/or to residents or employees of the project, shall be no higher than four feet or terraced with a three-foot horizontal separation of walls.

Staff Comments

N/A, no retaining walls are proposed.

☐ ☐ ☒ 17.06.080(A) 4l

l. Landscaping should be provided within or in front of extensive retaining walls.

Staff Comments

N/A, no retaining walls are proposed.

☐ ☐ ☒ 17.06.080(A) 4m

m. Retaining walls over 24” high may require railings or planting buffers for safety.

Staff Comments

N/A, no retaining walls are proposed.

☐ ☐ ☒ 17.06.080(A) 4n

n. Low retaining walls may be used for seating if capped with a surface of at least 12 to 16 inches wide.

Staff Comments

N/A, no retaining walls are proposed.

17.06.60 Criteria.

A. The Commission or Hearing Examiner shall determine the following before approval is given:

1. The project does not jeopardize the health, safety or welfare of the public. 2. The project conforms to the applicable specifications outlined in the

Design Review Guidelines, as set forth herein, applicable requirements of the Zoning Ordinance, and City Standards.

B. Conditions. The Commission or Hearing Examiner may impose any condition

deemed necessary. The Commission or Hearing Examiner may also condition approval of a project with subsequent review and/or approval by the Administrator or Planning Staff. Conditions which may be attached include, but are not limited to those which will:

1. Ensure compliance with applicable standards and guidelines. 2. Require conformity to approved plans and specifications. 3. Require security for compliance with the terms of the approval. 4. Minimize adverse impact on other development. 5. Control the sequence, timing and duration of development. 6. Assure that development and landscaping are maintained properly. 7. Require more restrictive standards than those generally

found in the Zoning Ordinance.

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C. Security. The applicant may, in lieu of actual construction of any required or

approved improvement, provide to the City such security as may be acceptable to the City, in a form and in an amount equal to the cost of the engineering or design, materials and installation of the improvements not previously installed by the applicant, plus fifty percent (50%), which security shall fully secure and guarantee completion of the required improvements within a period of one (1) year from the date the security is provided.

1. If any extension of the one-year period is granted by the City, each additional year, or portion of each additional year, shall require an additional twenty percent (20%) to be added to the amount of the original security initially provided.

2. In the event the improvements are not completely installed within one (1) year, or upon the expiration of any approved extension, the City may, but is not obligated, to apply the security to the completion of the improvements and complete construction of the improvements.

The following conditions are suggested for approval of this Application:

a) All applicable Fire Department and Building Department requirements shall be met. b) Any change in use or occupancy type from that approved at time of issuance of Building

Permit may require additional improvements and/or approvals. Additional parking may also be required upon subsequent change in use, in conformance with Hailey’s Municipal Code at the time of the new use.

c) All City infrastructure requirements shall be met. Detailed plans for all infrastructure to be installed or improved at or adjacent to the site shall be submitted for Department Head approval and shall meet City Standards where required. Infrastructure to be completed at the Applicant’s sole expense include, but will not be limited to, the following requirements and improvements:

i. Where water main lines within the alley are less than six (6) feet deep, the Applicant shall install insulating material (blue board material or similar material) for each and every individual water service line and main line between and including the subject property, and the nearest public street.

ii. Where two water services to the property are needed, the Owner shall tap the water main and run a new service. All unused water services at the main shall be abandoned.

iii. The Applicant shall install, at minimum, a 1,000-gallon grease/grit separator, to be connected to the car wash drains only. The separator shall be serviced and maintained regularly. All other domestic sewer shall bypass the separator and deposit directly in to the sewer main.

iv. The alley adjacent to the subject property shall be repaired and/or repaved for the entire property length, and widened to 12-feet in width.

d) The project shall be constructed in accordance with the Application or as modified by these

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Hailey Car Wash Design Review Lots 1-8, Block 135, Hailey Townsite (805 and 809 South 3rd Avenue) Hailey Planning and Zoning Commission – November 5, 2018 Staff Report – Page | 17

Findings of Fact, Conclusions of Law and Decision. e) All new and existing exterior lighting shall comply with the Outdoor Lighting requirements

according to 17.08C. f) Except as otherwise provided, all the required improvements shall be constructed and

completed, or sufficient security provided as approved by the City Attorney, before a Certificate of Occupancy can be issued.

g) This Design Review approval is for the date the Findings of Fact are signed. The Planning & Zoning Administrator has the authority to approve minor modifications to this project prior to, and for the duration of a valid Building Permit.

h) Any new ground-mounted utility equipment shall be located to the rear of the building(s) and screened from view.

i) Any new roof-mounted utility equipment shall be shielded and screened from view. j) Construction staging and storage shall not be in the City Right-of-Way. All construction

impacts shall occur within property boundary. k) A Lot Line Adjustment Application shall be submitted, reviewed and approved prior to

issuance of a Certificate of Occupancy. l) A Sign Permit Application shall be submitted, reviewed and approved prior to installation of

any signage. m) A letter from Clear Creek Disposal shall be provided prior to issuance of a Certificate of

Occupancy, stating that the location and design of the trash enclosure is adequate for dumpster pickup.

n) A Landscape Maintenance Plan shall be provided for all proposed landscaping within the City Right-of-Way. It is the responsibility of the Owner to maintain said landscaping within the City Right-of-Way.

o) All shrubs and perennials initially proposed as a size #1 (1-gallon pot size) shall be increased to a minimum of a size #5 (5-gallon pot size), as to provide a more complete look to the proposed landscaping.

Motion Language Approval: Motion to approve the Design Review Application by Sun Valley Car Wash, represented by Errin Bliss, for a new 3,292 square foot Car Wash Tunnel, to be located at 805 and 809 South 3rd Avenue, Hailey (Lots 1-8, Block 135, Hailey Townsite) within the Limited Business (LB) and Townsite Overlay (TO) Zoning Districts, finding that the project does not jeopardize the health, safety or welfare of the public and the project conforms to the applicable specifications outlined in the Design Review Guidelines, applicable requirements of the Zoning Title, and City Standards, provided conditions (a) through (o) are met.

Denial: Motion to deny the Design Review Application by Sun Valley Car Wash, represented by Errin Bliss, for a new 3,292 square foot Car Wash Tunnel, to be located at 805 and 809 South 3rd Avenue, Hailey (Lots 1-8, Block 135, Hailey Townsite) within the Limited Business (LB) and Townsite Overlay (TO) Zoning Districts, finding that [the Commission should

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Hailey Car Wash Design Review Lots 1-8, Block 135, Hailey Townsite (805 and 809 South 3rd Avenue) Hailey Planning and Zoning Commission – November 5, 2018 Staff Report – Page | 18

cite which standards are not met and provided the reason why each identified standard is not met].

Continuation: Motion to continue the public hearing to [the Commission should specify a date).

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