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Home My WebLink AboutM14-PP-92 Mausoleum Bld #1 Canyon Hill CemeteryLULU iiv4 VUt-LI y. l.at �7C114Ct. r MOTION CARRIED (SET PUBLIC HEARING IN JANUARY FOR APPEAL REQUEST REGARDING ACTION TAKEN BY PLANNING AND ZONING COMMISSION - BILL AND MARIA SCHUETZ) Mayor Dakan informed Council that the appropriate action at this time would be to set the Public Hearing for the second Regular City Council Meeting in January. MOVED by Simmons, SECONDED by Ozuna that a Public Hearing be scheduled for January 19, 1993, during the Regular City Council Meeting to hear the appeal of action taken by Planning and Zoning requested by Bill and Maria Schuetz. Roll call vote. Those voting yes: Simmons, Houchins, Raymond, Ozuna, and Nancolas. Those voting no: none. Absent and not voting: Carpenter. MOTION CARRIED ( APPROVE FINAL PLAT FOR MAUSOLEUM) 1 -,2 -/21 /9 rZ� The Planning and Zoning Director informed Council that the City of Caldwell was the applicant in this particular item. There was a Mausoleum Building recently constructed at the Canyon Hill Cemetery site. The proposal was to divide the building into individual sale units which involved sixty-four crypts and seventy-two niches. Each of these will be available for individual ownership. Management of the building will be under the auspices of the Canyon Hill Cemetery. The property is zoned R--1 (Single Family Residential) and the Comprehensive Plan Designation is Low Density Residential. MOVED by Raymond, SECONDED by Ozuna to approve the final plat for the Mausoleum at Canyon Hill Cemetery as presented. Roll call vote. Those voting yes: Raymond, Ozuna, Nancolas, Simmons, and Houchins. Those voting no: none. Absent and not voting: Carpenter. MOTION CARRIED (DECLARE THE BRICK OVEN AS SURPLUS PROPERTY - BILL NO. 39) Mayor Dakan explained that the City Council accepted a deed for 501 ownership of the Brick Oven at 117 South Kimball. Since we are not in the real estate business, and co -ownership on this building is a difficult situation, it is advised that the Council declare this property surplus so that it may be sold at auction. The co-owner, Ms. Laura Stacy has no interest in selling her half, but State Law still allows us to auction off our interest. If there is no one who wishes to purchase half interest, we then can go through the court system for other solutions in disposing of the property. The bill before you will declare the property surplus and set an auction date for the March 1 meeting. The Mayor further commented that in addition, the Stacy's leased the building to a business woman, Patricia Alvarez, to operate as a restaurant. This lease is listed as the next item for Council to consider. mF. Mn...-._ ---A 04 7 7 ILT- ]n 1.... 4.14-1 - ....7 .. .... 40-1 1 ....-. r [ The Director explained the nature of the request and that the residence was occupied as a professional office without the Building Official having an opportunity to inspect the premises with regard to the change of use. Also, the installed sign may be in the street right-of-way, and handicapped accessibility should be addressed. These outstanding items may warrant continuance of the item until a future date. He confirmed that he had contacted the applicant about such a possibility. Mr. Swafford, applicant, testified on his own behalf, saying that when he purchased the property he was under the impression the zoning was commercial, not aware that Mr. Kaye had obtained a Special Use Permit for his accounting office at the location, which had ultimately expired with the transfer of ownership. in between the two uses a daycare center had been operated by his wife, Lisa Swafford. When he erected the sign for the use, he assumed that the contractor had obtained all necessary permits. He had been advised by the Building Official of the need to comply with ADA standards regarding handicapped accessibility and asked the Commission to allow him time to fulfil the requirements. The public hearing testimony portion was then closed. Commissioner Higdem offered a motion to continue the application at the January 21 meeting of the Commission so that the five areas of concern addressed in the Staff Report may be dealt with. Rita Earl seconded the motion which passed unanimously. The Commission then moved to the Miscellaneous items on the agenda. The fast item was a Preliminary Plat of a Subdivision of the Mausoleum Building Nod at Canyon Hill Cemetery according to regulations set down in Idaho Code. Mary Higdem offered a motion to approve the preliminary plat subject to the recommended terms and conditions. Commissioner Earl seconded the motion which passed unanimously. The next item for discussion was Handicapped Accessibility Design Standards. Dennis Crooks advised the Commission that the City of Caldwell has adopted the ADA national standards which includes a table which specifies the number of spaces required. Dennis further indicated that any potential accessibility problems associated with requests before the Commission would be identified to the Commission. Accessible features have to be provided to an existing building if the use changes or alterations are made to the main purpose or function of the building. The ADA standards do recognize the difficulties of retrofitting some buildings. The Commission then discussed a proposal to amend the Zoning Ordinance with regard to Development Agreements. The State Local Planning Act was amended in 1991 to allow local communities to adopt an ordinance that would allow them to enter into development agreements with developers, in particular with zone change requests that were viewed as somewhat controversial. Under the proposed legislation, developers could commit themselves to a specific use on the property in exchange for getting the zoning they desire. In 1991 the Planning and Zoning Commission directed staff to take a look at the proposition. Nampa has enacted an ordinance and Canyon County is in the process of MINUTES P&Z 12/17/92 Page 2 PLANNING AND ZONING DEPARTME. au of TalbWal 621 CLEVELAND BLVD. CALDWELL, IDAHO83605 TELEPHONE 455.3006 FAX 455-3003 PLANNING AND ZONING CONIlVIISSION ACTION REPORT Meeiting of December 17, 1992 DENNIS E. CROOKS Planning & Zoning Director WHEREAS, the Planning and Zoning Commission on December 17, 1992, considered an application for a preliminary plat to subdivide a mausoleum building at the Canyon Hill Cemetery into units for individual ownership. WHEREAS, the Planning and Zoning Commission, after reviewing the particular facts and circumstances associated with the request, voted to approve the preliminary plat subject to the following terms and conditions: 1. That the property shall be subdivided in substantial conformance with submitted site and elevation plan, attachments A & B. 2. That the final plat shall be approved by the City Council within one year of the date of approval of this preliminary plat. FINDINGS OF FACUCONCLUSIONS OF LAW 1. An application for a Preliminary Plat was properly filed in accordance with the provisions of Section 5-8-2(D) of the Municipal Code. 2. Legal requirements were accomplished including the posting of the agenda at City Hall 48 hours in advance of the meeting in accordance with Idaho Code. 3. The Planning and Zoning Commission in reviewing and approving the Preliminary Plat determined: a) Conformance with the City's Comprehensive Plan; b) Conformance with the City's Subdivision Ordinance; c) Conformance with the City's Zoning Ordinance; d) Conformance with Section 27, Idaho Code. The applicant is advised of his right to appeal the decision of the Planning and Zoning Commission. Written notice of such an appeal shall be filed with the City Clerk within fifteen (15) days after the decision of the Commission. Prepared by, "04WA006D Dennis Crooks, Director Planning and Zoning DATE OF APPROVAL: K December 17, 1992 STAFF REPORT Meeting of December 21, 1992 TO: Honorable Mayor and City Council FROM: Planning and Zoning Department REQUEST: Final Plat of Mausoleum Bldg #1, Canyon Hill Cemetery APPLICANT: City of Caldwell, agent: Vinton Howell LOCATION: East side of N. Illinois north of Taft Street BACKGROUND: The applicant is requesting final plat approval of the subdivision of the Mausoleum Building No.1 at Canyon Hill Cemetery. The applicant proposes to subdivide an existing mausoleume building into sixty-four (64) Crypts and seventy-two (72) Niches which will be available for individual ownership. Management of the building will be under the auspices of the Canyon Hill Cemetery. The property is zoned R-1 (Single Family Residential) and the Comprehensive Plan Designation is Low Density Residential. EVALUATION Staff has reviewed the proposed preliminary plat and determined that it is in compliance with all applicable codes, regulations and policies including: 1. Compliance with City of Caldwell Zoning Ordinance 2. Compliance with City of Caldwell Subdivision Ordinance 3. Compliance with Section 27, Idaho Code. The Planning and Zoning Commission at its meeting of December 17, 1992, approved the preliminary plat subject to conditions. 1. That the property shall be subdivided in substantial conformance with submitted site and elevation plan, attachments A & B. 2. That the final plat shall be approved by the City Council within one year of the date of approval of the preliminary plat. STAFF REPORT - MAUSOLEUM 92-S-12 - PA RECOMMENDATION: Approval of the final plat. Prepared by J-9`1 Liz Yeary, Administrative Secretary ATTACHMENTS: A. Site Plan B. Elevation Plan C. Location Map STAFF REPORT - MAUSOLEUM 92-S-12 - P.2 r STAFF REPORT Meeting of December 17, 1992 TO- Planning and Zoning Commission FROM: Planning and Zoning Department REQUEST: Preliminary Plat of Mausoleum Bldg #1, Canyon Hill Cemetery APPLICANT: City of Caldwell, agent: Vinton Howell LOCATION: East side of N. Illinois north of Taft Street BACKGROUND: The applicant is requesting preliminary plat approval of the subdivision of the Mausoleum Building No.1 at Canyon Hill Cemetery. The applicant proposes to subdivide an existing mausoleume building into sixty-four (64) Crypts and seventy-two (72) Niches which will be available for individual ownership. Management of the building will be under the auspices of the Canyon Hill Cemetery. The property is zoned R-1 (Single Family Residential) and the Comprehensive Plan Designation is Low Density Residential. EVALUATION Staff has reviewed the proposed preliminary plat and determined that it is in compliance with all applicable codes, regulations and policies including: 1. Compliance with City of Caldwell Zoning Ordinance 2. Compliance with City of Caldwell Subdivision Ordinance 3. Compliance with Section 27, Idaho Code. RECOMMENDATION: Approval of the preliminary plat subject to the following suggested conditions: 1. That the property shall be subdivided in substantial conformance with submitted site and elevation plan, attachments A & B. STAFF REPORT - MAUSOLEUM 92-S•12 - PA r 2. That the final plat shall be approved by the City Council within one year of the date of approval of this preliminary plat. Prepared by Liz Yeary, Administrative Secretary ATTACHMENTS: A. Site Plan B. Elevation Plan C. Location Map STAFF REPORT - MAUSOLEUM 92-S-12 - P.2 FAR I:? 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