Loading...
HomeMy WebLinkAboutPlanning & ZoningPLANNING AND ZONING ITEM DATE SUBMITTED BY c COMMUNITY DEVELOPMENT DEPARTMENT EffV Of 10TIIMUL),11 621 CLEVELAND BLVD. CALDWELL, ID 83605 LINDA JAMES Community Development Director MINUTES OF THE PLANNING AND ZONING COMMISSION Meeting of June 12, 1997 7:00 p.m. CALL TO ORDER: TELEPHONE 455.3021 FAX 455-3003 Chairman William Roos called the regular meeting of the Planning and Zoning Commission to order, at 7.00 p.m., in the Caldwell City Hall Council Chambers. 11 ROLL CALL: Present: William Roos, Sonia Huyck, Mike Nachtigall, Ron Reed, Bill Gilbert Absent: None Staff: Linda James, Ann Marie Reyes lII REVIEW OF PROCEEDINGS: Chairman Roos explained the procedures for public hearings. IV POLL FOR CONFLICT OF INTEREST: The members were polled for conflicts of interest; none were expressed. V OLD BUSINESS: 1. Approval of the April 17, 1997 Minutes. A motion was made by Commissioner Huyck, seconded by Commissioner Reed to approve the April 17, 1997 minutes. Passed unanimously by voice vote. Approval of the May 1, 1997 Minutes. A motion was made by Commissioner Gilbert, seconded by Commissioner Huyck to approve the May 1, 1997 minutes. Passed unanimously by voice vote. 2. Continuation of Case Nos. OA-04-97, an amendment to Article 2, Land Use Schedule, Table 1, of Zoning Ordinance No. 1451 by amending "espresso/pastry shop" to the list of special uses in the R-2 zone, AND Case No. SUP-11-97, for a Special Use Permit to operate an espresso/pastry shop out of an existing building. June 12, 1997 Minutes Page I Gary Vezzeso called for a point of order. To address the issue of a newspaper article in which Ron Reed made a public statement to the affect that he believed that property owners should be able to do, whatever they want. He also made a statement that Zoning Ordinances were restrictive and he didn't believe in them. Ron Reed addressed the issue. When he was appointed he told the Mayor and his Assistant how he felt and that was why he wanted to get involved with Planning and Zoning. He took the job with the understanding that he would obey the laws and ordinances that the City has and would do his best_ It was the consensus of the Commission member that Commissioner Reed does not have a conflict with continueing to hear the cases before the Commission. Chairman Roos stated the public hearing was reopened. When Case No. OA-04-97 was continued, there were some questions that the Commission had and asked the applicant to come back with additional information. Roxanne Stephens noted that the sign would be 4' x 5' in size, 4" x 4" posts, two sided, with two posts one on each side. It would be located 10 feet from both property lines and would be non - illuminated, and would be three feet in height. There would also be a sign at the exit, indicating no left tum, and it would be 1' x 1' in size. There would also be another sign indicating where the drive- thru is, and that it is a way one. There is a proposed sidewalk to be located along 21 st Street. The square footage of the first floor is approximately 912, the second floor 662, and the basement would not be utilized other than for a storage and office with no public access. The following exhibits were reviewed: 1) PZ1001, a large drawing showing layout of subject site; 2) PZ1002, picture of sign; 3) PZ1003, layout of upper floor; 4) PZ1004, layout of lower floor: 5) PZ1005, application permit for the Department of Transportation; 6) PZ1006, letter from the Fire - Marshall. Linda James stated that the Fire Marshall required an additional ingress/egress from the outside of the second floor. There are no parking requirements for the Special Use Permit, however the applicant and Commission need to determine how many spaces, they need to be shown on the site plan, which has to be approved. Nicole Stephens stated that there has been some minor changes on the site plan, as far as parking spaces from seven to five stalls. There will be some trees planted and some bushes removed. There will be arrows painted on the asphalt so people are not driving into the drive-thru in the wrong directions. Discussion ensued within the Commission regarding these matters. One person signed up in favor of the project. Support included: dwelling no longer suitable for use as a residence because of the busy intersection. Three persons signed up in opposition to the project. Concerns expressed were: bakery being permitted in an R-2 zoning district, wanting to re -zone the entire block commercial, and this type of use in an area of historic significance. June 12. 1497. Minutes Page 2 The first item considered was the text amendment to Article 2, Land Use Schedule, Table 1, of Zoning Ordinance No. 1451 to add "espresso/pastry shop" to the list of special uses in the R-2 zone. Comprehensive Plan Analysis - The applicable items were as follows: 1) Residential Categories - Policies 6, 7, and 13; 2) Transportation - Policies 10 and 12; and 3) Historic Areas - 3 and 4. Findings of Fact - The Commission adopted the general facts as outlined in the staff report as Findings of Fact and added the following: 1) appvoval of the text amendment to the zoning ordinance will provide the opportunity for persons to submit applications for expresso/pastry shops to be (coated and operated in the R-2 zone as special uses, without a change in zoning. Special Use Permits do not set a precedent, are reviewed on a site -specific basis, and can ony be approved following the public hearing process; 2) Land Use: R-2 Conbined Meduim Density Residential. The purpose of the R-2 zone is "to provide medium density residential development areas located primarily in older urban neighborhoods and adjacent to shopping, recreational and cultual facilities. Medium -density development concenterations should have a full range of community services and facilities available or projected for estabishment;" and 3) Comprehensive Plan: Medium Density Residential. Medium Density Residential is definded as an area "suitable primarily for single-family residneces as aweell as two and three family dwellings. Other uses characteristic of medium denisty residneial areas such as churches, schools, group day care facilities, public facilities and limited neighborhood commerical uses are appropriate..." Moved by Commissioner Reed, seconded by Commissioner Nachtigall, to accept the Findings of Fact as stated. Roll Call: Yes: Ron Reed, Mike Nachtigall, William Roos No: None Abstain: Sonia Huyck, Bill Gilbert MOTION CARRIED Conclusions of Law - Based on the stated Findings of Fact the Planning and Zoning Commission determined that by adding "espresso/pastry shop" to the list of special sues in the R-2 zone will allow the Commission, through the public hearing process, to review applications on a site -specific basis and to determine the merits of individual request regarding compatibility within a given neighborhood. Roll Call: Yes: Mike Nachtigall, Ron Reed, William Roos No: None Abstain: Sonia Huyck, Bill Gilbert MOTION CARRIED Commissioner Reed made a motion that the Commission make a recommendation to City Council to approve the text amendment to Article 2, Land Use Schedule, Table 1, of Zoning Ordinance No. 1451 by adding "espresso/pastry shop" to the list of special uses in the R-2 zone. The motion was seconded by Commissioner Nachtigall. Roll Call: Yes: Ron Reed, Mike Nachtigall, William Roos June 12. 1997, Minutes Page 3 No: None Abstain: Sonia Huyck, Bill Gilbert MOTION CARRIED Anyone interested in filing an appeal may contact the Community Development Department. The second item was Case No. SUP-11-97, for a Special Use Permit to operate an espresso/pastry shop out of an existing building. Comprehensive Plan Analysis - The applicable items were as follows: 1) Residential Categories - Policies F, G, and M; 2) Community Design- Policy F. Findings of Fact - 1) the applicant did state that there would not be any alcoholic beverages served; and 2) the Idaho Transportation Department has no problem with what they are proposing concerning the ingress/egress off of Cleveland Boulevard. Moved by Commissioner Reed, seconded by Commissioner Nachtigall, that the Findings of Fact be approved as stated. Roll Call: Yes: Ron Reed, Mike Nachtigall, Sonia Huyck No: None Abstain: Bill Gilbert MOTION CARRIED Conclusions of Law - Based on the Findings of Fact if the City Council approves the text amendment change this Special Use Permit would be in compliance with the Comprehensive Plan and Zoning Ordinance. The applicant has submitted all of the documents that were requested, adequate information has been received. Moved by Commission Reed, seconded by Commissioner Nachtigall, that the Conclusions of Law be approved as stated. Roll Call: Yes: No: Abstain: Ron Reed, Mike Nachtigall Sonia Huyck Bill Gilbert MOTION CARRIED Moved by Commissioner Reed, seconded by Commissioner Nachtigall that based on the Findings of Fact and Conclusion of Law, the Planning and Zoning Commission hereby approve Case No. SUP-11-97, for a Special Use Permit to operate an espresso/pastry shop out of an existing building, with the following Conditions: 1) they can have a maximum staff number of two; 2) hours of operation between 6:00 a.m. to 7:00 p.m.; 3) no alcoholic beverages be served; 4) limited to pastries and beverages only; 5) their landscape plan must meet the approval of the Community Development Director and the City Forester; 6) their permit be reviewed semi-annually; 7) exhibits PZ1001 and PZ1002 be included; 8) the sign locations must be approved by the City Engineer; 9) there must be an additional sign stating "no stopping beyond this point" on Cleveland Boulevard and must be set inside of the sidewalk; 10) the patio placement be as designated; 11) the basement can only be used for an office and storage and no public access; 12) all the Fire Marshall's Conditions be included {an June 12, 1997, Minutes Page 4 additional second floor outside ingress/egress); 13) all requirements from the State Highway Department be included; 14) construction plans must be approved within six months from the date of signing the Order of Decision and development must commence within 1 year. Roll Call: Yes: Ron Reed, Mike Nachtigall, William Roos No: Sonia Huyck Abstain: Bill Gilbert MOTION CARRIED Anyone interested in filing an appeal may contact the Community Development Department. VII NEW BUSINESS - PUBLIC HEARINGS 1. Case No. SUP- 12-97, a request by the Caldwell School District to place an electronic reader board at the new high-school site. The site is commonly known as 3401 S. Indiana Avenue. Linda James presented the application report. She reviewed exhibit PZ1000, a copy of the Assessor's map showing the location of the site and surrounding zoning. During the time of the Special Use Permit approval the signage was not made a part of the site plan, therefore the school has had to come forward in order to ask for the permit. Darrel Diede, representing the Caldwell School District, testified that the sign would not be in operation 24 hours a day. Depending on the season, the schedule would vary. There was one person signed up to speak who remained neutral. A concern expressed was the location, size, and height. Being no further speakers or questions, the public hearing portion of this case was closed. Comprehensive Plan Analysis - The applicable items were as follows: 1) Cultural and Social Facilities, Policy A; 2) Community Design- Policies E and 1. Findings of Fact - Those stated in the Application Report and those stated in the public testimony by the applicant. Roll Call: Yes: Sonia Huyck, Ron Reed, Bill Gilbert No: None MOTION CARRIED Conclusions of Law - Based on the approved Comprehensive Plan Analysis and Findings of Fact, the sign would fit in the area that it is designed for, there has been no opposition to it. Roll Call: Yes: Sonia Huyck, Ron Reed, Bill Gilbert No: None June 12. 1997. Minutes Page 5 MOTION CARRIED Moved by Commissioner Huyck, seconded by Commissioner Reed, that the Planning and Zoning Commission approve Case No. SUP-12-97, a request by the Caldwell School District to place an electronic reader board at the new high-school site with the following conditions: 1) standards conditions set forth in the Application Report; 2) must meet all setbacks and is off of all right-of- ways, and the location is approved by the City Engineer and the Community Development Director; 3) sign must be placed in the area shown on the site plan. Roll Call: Yes: Sonia Huyck, Ron Reed, Bill Gilbert No: None MOTION CARRIED Anyone interested in filing an appeal may contact the Community Development Department. 2. Case Nos. OA-05-97, a request by Donald L. Lane to amend Article 2, Land Use Schedule, Table 2 of Zoning Ordinance 1451, by adding "Truck and Tractor Repair" to the list of special uses in the C-4 zone, AND Case No. SUP-13-97, for approval to operate a truck/tractor repair service. The site is commonly known as 1311 Andy Lane and is located within a C-4 zone. Linda James presented the Application Report. She reviewed Exhibit No. PZ1000, a copy of the Assessor's map outlining the site and surrounding zoning; PA4, a memorandum from Joe Silva, the Fire Marshall; PA-5, a memorandum from Gordon Law, the City Engineer. Don Lane, the applicant testified that he rezoned the subject site was under the impression that this type of use would be permitted without going through the public hearing process. Appropriate landscaping will be included with the project. The travel trailers that are currently on the site will be removed. Two persons signed up in opposition to the project. Concerns expressed were: traffic, being such a small road; turn around radius; noise; and fire hazards. Being no further speakers or questions, Chairman Roos closed the public hearing. The first item to considered was the text amendment. Comprehensive Plan Analysis - The applicable items were as follows: 1) Land Use - Goal. Findings of Fact - The Commission adopted the general facts as outlined in the staff report as Findings of Fact and added the following: 1) approval of this text amendment to the zoning ordinance will provide the opportunity for persons to submit applicationsfor truck/tractor repair shops located and operated in the C-4 zone as special uses without a change in zoning. Special Use Permits are only approved following the public hearing process and are not transferable from the June 12. 1997, Minutes Page 6 (_^ r op� approved site to another; 2) Land se: C-4, Interchange or Freeway Commerical. The purpose of C-4 zone is to "establish zones ... in the vicinity of on and off -ramp frontage and access roads or freeway interchange. Uses are to be restricted to those primarily required by highway users and to uses having a relationship to the accommodaiions desireable at interchange locations;" 3) there are areas within the City of Caldwell that are zoned C-4, interchange or Freeway Commercial, and are in the vicinity of on- and off -ramps but are not readily accessible from the freeway. In these instances, restricting the use to those primarily required by highway users and to those realted to accommodations desirable at interchange locations places an unralistic limitation on the use of these sites; 4) truck and tractor repair are permitted by special use in the C-2 Community Commercial, and the C-3 Service Commerical zones; 5) Community Conunercial is defined as "regulated to fulfill gerneral shopping retain needs including central business area preferences;" and 6) Service Commercial is defined as "where activities of a service nature, which are more intensive in character than in other commerical sones and, which may be semi -industrial in character..." Moved by Commissioner Reed, seconded by Commissioner Huyck, to accept the Findings of Fact as stated. Roll Call: Yes: Ron Reed, Sonia Huyck, Bill Gilbert No: None MOTION CARRIED Conclusions of Law -The text amendment will not adversely affect the general public because the Land Use Goal of the Coprehensive Plan is to manage growth by channeling it into orderly development and to estabich policies that will serve as a basis for decision making related to the appropriate use of land in Caldwell. Approval of special use permits does not set a precedent, each request is reviewed on a site -specific basis. Conditions of approval that can be placed on a special use permit are intended to ensure coompatibility with the characteristics of the individual neighborhood affected by such a request. Roll Call: Yes: Ron Reed, Sonia Huyck, Bill Gilbert No: None MOTION CARRIED Moved by Commissioner Reed, seconded by Commissioner Gilbert, that based upon the Findings of Fact and Conclusions of Law, the Planning and Zoning Commission recommend approval of Case No. OA-05-97 to City Council for final action. Roll Call: Yes: Ron Reed, Bill Gilbert, Sonia Huyck No: None MOTION CARRIED The next item considered was the Special Use Permit. Comprehensive Plan Analysis - The applicable items were as follows: 1) Land Use; 2) Residential Categories - Policy M; Community Design - Policy 1. June 12, 1997, Minutes Page 7 _?2_( Findings of Fact - No Findings of Fact stated. Conclusions of Law - Due to no direct access to the Interstate it would be a economic hardship to limit use to Interstate Commercial Use only. This use would be an improvement to the site, rather than leaving it as an abandoned building. If this business fails in order to operate anything else that doesn't fall with the C-4 usage, as already stated, all other uses would need to come back before the Planning and Zoning Commission for a Special Use Permit. Moved by Commissioner Huyck, seconded by Commissioner Reed, to accept the Conclusions of Law as stated. Roll Call: Yes: Sonia Huyck, Ron Reed, Bill Gilbert No: None MOTION CARRIED Moved by Commissioner Huyck, seconded by Commissioner Reed, that based upon the Findings of Fact and Conclusions of Law, the Planning and Zoning Commission hereby approves the request by Donald L. Lane for a Special Use Permit to amend Article 2, Land Use Schedule, Table 1, of Zoning Ordinance No. 1451 by adding "Truck and Tractor Repair" to the list of special uses in the C-4 zone, AND Case No. SUP-13-97, to operate a truck/tractor repair service and directs the Community Development Director to prepare the Order of Decision with the following Conditions: the standard Conditions set forth by Staff; a yearly review by the Community Development Department with a report submitted to the PIanning and Zoning Commission; the signage be limited to the existing sign on the building and the free standing sign be removed, as stated by the applicant; a landscaping plan be submitted and maintained; two RV travel trailers be removed from the premises within 3 months; and the Conditions submitted in Exhibit PA-4 be met; and there must be adequate space for turn around of at least 100 feet. Construction plans must be approved within six months of signing of the Order of Decision and development of the site shall be commenced within one year of signing of the Order of Decision. Roll Call: Yes: Sonia Huyck, Ron Reed, Bill Gilbert No: None MOTION CARRIED Anyone interested in filing an appeal may contact the Community Development Office. 3. Case No. SUB-03P-97 (Pal -Shaw Estates), for preliminary subdivision plat approval to develop 8 residential lots on approximately 1.81 acres of land located in the R-I zone, AND Case No. SUB-03F-97 (Pal -Shaw Estates, Unit No. 1), for final subdivision plat approval of 3 of the 8 residential lots of Pal -Shaw Estates. Linda James stated that the applicant has asked that phase two be withdrawn. Phase one will be what is being deliberated on. She then presented the Application Report. She reviewed Exhibit PZ1000, a location map showing the site and the surrounding zoning. Sallie Bradshaw Palleria, the applicant testified that because of the cost of improvements they would June 12, 1997, Minutes Page 8 C_ not be phasing the project and the second phase has been withdrawn. Homes that will be placed on the three lots will be 1,100 to 1,200 square feet with a two car garage. There was one person signed up to speak in favor. Concerns expressed were: value of the homes that will be built on lots and what type of irrigation was going to be used. Being no further speakers or questions the public hearing portion was closed. Comprehensive Plan Analysis - The applicable items were as follows: 1) Residential Categories - Policies B, C, E, and J; and 2) Housing - Policies A and E-3. Findings of Fact - Moved by Commissioner Huyck, seconded by Commission Reed, that the Findings of Fact outlined in the staff report be accepted. Roll Call: Yes: Sonia Huyck, Ron Reed, Bill Gilbert No: None MOTION CARRIED Conclusions of Law - Moved by Commissioner Huyck, seconded by Commissioner Reed, the Commission approve the Conclusions of Law based on the Findings of Fact as previously stated for SUB-03F-97 for Pal -Shaw Estates. Roll Call: Yes: Sonia Huyck, Ron Reed, Bill Gilbert No: None MOTION CARRIED Moved by Commissioner Huyck, seconded by Commissioner Reed, that based upon the Findings of Fact and Conclusions of Law, the Planning and Zoning Commission hereby approve the preliminary plat and recommend to City Council approval of the final plat for SUB-03F-97 (Pal - Shaw Estates Subdivision). Planning and Zoning Commission hereby direct the Community Development Direct to prepare an Order of Decision. Roll Call: Yes: Sonia Huyck, Ron Reed, Bill Gilbert No: None MOTION CARRIED 4. A request by the Caldwell Planning and Zoning Commission to amend Article 3, Section 10- 03-11, Definitions, of Zoning Ordinance No. 1451 by deleting the definition of "Dwell, High Rise, Multiple -Family" and by adding the following in its place: "Dwelling, Multi -Family: A building used for occupancy by seven or more families living independently of each other and containing a separate dwelling unit for each family, such building not to exceed four stories." Linda James presented the staff report. June 12, 1997, Minutes Page 9 r r Findings of Fact - Based on a conflict between the Zoning Ordinance and the Comprehensive Plan with the definition of "Multi -Family Dwelling" as with Table 2, section 10-02-03. Moved by Commissioner Huyck, seconded by Commissioner Reed, that the Findings of Fact be approved as stated. Roll Call: Yes: Sonia Huyck, Ron Reed, Bill Gilbert No: None MOTION CARRIED Moved by Commissioner Reed, seconded by Commissioner Huyck, that based upon these Findings of Fact, the Planning and Zoning Commission hereby recommends to the Caldwell City Council that the request for a text amendment to amend Article 3, Section 10-03-11 be approved. Roll Call: Yes: Ron Reed, Sonia Huyck, Bill Gilbert No: None MOTION CARRIED Anyone interested in filing an appeal contact the Community Development Department. VII DISCUSSION ON PLANNING ISSUES: None IV ADJOURNMENT: Chairman Roos adjourned the meeting at approximately 11:25 p.m. June 12, 1991, Minutes Page 10 -PL-1