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HomeMy WebLinkAboutPlanning & Zoning - Hearing ExaminerPLANNING AND ZONINGMEARING EXAMINER ITEM DATE SUBMITTED BY PZ-1 AGENDA J� e PZ-2 MINUTES PZ-3 SIGN-UP SHEET(S) PZiAm (.sf v ' PZ- CITY OF CAIDWEIL tWMh0- Caldwell Planning & Zoning Commission agenda for Public Hearing on Tuesday, August 8, at 7:00 p.m., in the Community Room, Caldwell Police Department, 110 GARRETNANCOLAS South 5'h Avenue, Caldwell, Idaho, Mayor 208,455 3011 AGENDA (0 20&455.3003 City Harr I. Call to Order 411 Maine Street Caldwell, Idaho a3605 P90Office Box 11. Review of Proceedings P.O. Box 1179 Caldwell, Idaho83606 111. Old Business Foe alist visit y Council memmbers,ers, v Approve Minutes of April 11, 2017 meeting as signed by Chairperson Doty- w*ctwfe Pomoransky. www.cityofcaldwelLccm IV. New Business A. Case No. OA-17-04: A request by the City of Caldwell Planning and Zoning Department to amend portions of Chapter 10, the Zoning Ordinance, of City Code. V. Planning and Zoning Issues, If any. VI. Next Planning and Zoning Commission Scheduled Public Meeting Date: October 10, 2017 Vll. Adjourn SUGGESTIONS FOR TESTIFYING AT PUBLIC HEARINGS 1 Remember your objecllve...lt s your objective to persuade the decision maker; to vote or decide in favor of your side of the issue. It will not help your cause to anger. alienate or antagonize the decision makers who are listening to your presentation. 2 Show your strength... Many neighborhood groups have organized their testimony by having one or a few people speak on behalf of the group. The leader will ask those in the audience supporting the testimony to stand This conveys to the decision makers the seriousness with which the issue is viewed by the attending parties. 3. Speak to the point... Public officials have heard hundreds of people give tesfinlOny, They are grateful when the lestimony is pertinent, well organized, and directly regards the matter at hand. Long stones ectures or philosophy, abstract complaints about generalities, or redundant testimony are usually a poor use of time. 4. State your recommendation, 5. Be Informed.... Get a copy of the plan being heard, the staff report, the proposed ordinance, or other partinenl material. Then read it and plan your comments accordingly 6 If you don't wish to speak, write It dawn... and submit :1 prior to the hearing. If written testimony is specific to the pant and concise. it will be given as much attention as oral testimony. 7 Be reasonabie....Put yourself -n the shoes of the decision makers They must balance all points of view, interests and proposals being made, and find the best course for the overall public good. While. 9e prepared to compromise. Any person needing special accommodations to participate In the meeting should contact the City Office at 208 455-4664 prior to the meeting. Cualquier persona necesdando comodidades especdales para partirapar on la reuni6n debe contaCtar al las ofidnas de la Ciudad o Ilame a 208 455- 4664 antes de a reunk5n 1 CITY OF CALDWELL CALDWELL PLANNING AND ZONING COMMISSION MINUTES Community Room, Caldwell Police Department 110 South 51" Avenue, Caldwell, Idaho August 8, 2017, 7:00 P.M. Call to Order --Chairperson Doty-Pomoransky called the meeting to order at 7:00 p.m. Roll Call — Members Present: Ed Doty-Pomoransky, James Nelson, Roger Page, Dana Vance Members Absent: Carlos Soriano Staff Present: Jarom Wagoner (Senior Planner); Brian Billingsley (Planning & Zoning Director), Lori Colligan (Administrative Secretary) Review of Proceedings — Old Business: Approve minutes of April 11, 2017 regular meeting. MOTION: Commissioner Page. SECOND: Commissioner Vance. Passed: Unanimous roll call vote. New Business: A. Case Number OA-17-04 A request by the City of Caldwell Planning and Zoning Department to amend portions of Chapter 10, the Zoning Ordinance, of City Code. Testimony: 1) Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, reviewed the Annual Ordinance Update and went over the requested changes. 2) Commissioner Nelson asked a question regarding 10-02-04 and how will they will count the days allowed and how will it be regulated. 3) Mr. Wagoner stated it is very difficult and hard to regulate and to enforce. Some people are going to be dishonest and get around it. Having it in code does help those people who are abiding by the rules. We do receive phone calls from the public regarding people living in RV's and we follow up on those complaints. 4) Mr. Wagoner spoke on the definition of Automotive Sales (used) shall be easily accessible - we have added these words because we are starting to see what we would classify as junk yards, salvage yards, along the boulevard. Where they have literally 10-15 cars stacked in a row. We send them a notice to fix this and they reply �y r r that they are used cars for sale. That is not what we would classify as an automotive used car lot. This helps us to clarify that distinction. This way we can tell them the vehicles need to be easily accessible. 5) Mr. Nelson asked if that meant they needed to be in operating condition. 6) Mr. Wagoner replied that was correct. 7) Mr. Nelson asked if current auto sales lots would be grandfathered in. 8) Mr. Wagoner replied that they will not be grandfathered in. 9) Commissioner Vance asked about the Dance Mall/Night Club change in use. She was asking if the Bird Stop had music would it fall in that category. 10) Mr. Wagoner said that would not fall under Dance Mall/Night club. It's more of an ancillary use to the coffee shop, people aren't going there for a large concert, or paying a cover charge. The music is not specific to the use. 11) Commissioner Vance had a question regarding 10-07-09 and parking lot landscaping. It could be difficult for smaller businesses to comply with the landscape planter requirement. What if a business only has 2 or 3 spaces, would they still have to have the landscape planter islands. 12) Mr. Wagoner said yes they would. The reason for the interior landscape islands is that it helps to define the parking area, helps to funnel traffic, helps for safety and really makes the area look nice. Whether there are 6 or 12 spaces it still helps to have the defined areas. 13) Commission Vance questioned the requirement for really small areas. Does the Director of P&Z have any leeway on modifications for small parking lots? 14) Mr. Wagoner indicated the Commission has the ability to modify the requirement to lots containing more than 4 or 5 linear parking spaces. 15) Commission Page agreed and recognized the limitations this would have on smaller parking spaces. He thinks that 6 would be a more reasonable number. 16) Commissioner Nelson agreed. 17) Commissioner Vance suggested that the department have the discretion to work with businesses with smaller parking areas. 18) Commissioner Page agreed and it should be determined on a case by case basis depending on the size of the parking area. 19) Mr. Wagoner said an option would be to leave it how it is and add wording about lots containing fewer than 12 spaces may be determined by the Planning & Zoning Director whether it's required or not. If they disagreed with the Director's decision they could appeal to City Council. 20) Commissioner Vance asked about the Television and radio antennas and satellite dishes on the accessory building table. They can't be in the side yard adjoining the street or the front yard. Aren't there situations where the satellite has to be in a certain position? She asked if this requirement was referring to free-standing satellite dishes. 21) Mr. Wagoner said yes. 22) Mr. Billingsley agreed. 23) Mr. Wagoner said they could add the wording "stand alone." That would better define the requirement. 24) Commissioner Nelson commented that if there is something that is unenforceable, like we discussed, then it probably shouldn't be there. r 251 Mr. Wagoner stated it is enforceable it's just an extreme measure; we would have to get the police involved and have the RV removed. If we took it out completely we would have people living in RV's all over the place. MOTION TO CLOSE TESTIMONY: Commissioner Page. SECOND: Commissioner Nelson. Passed: Unanimous vote. RECOMMENDATION: MOTION: Commissioner Vance that Case Number OA-17-04 should be approved with the following changes: 1. 10-02-04 (3) Accessory Building Table —Televisions and radio antennas and satellite dishes - add the wording: Stand alone 2. 10-07-09 (1) Parking Lot Landscaping — add the wording: For those lots containing fewer than 6 spaces the size shall be determined at the discretion of the Planning and Zoning Director. SECOND: Commissioner Page. Passed: Unanimous roll call vote. V. Planning Issues — A. Mr. Billingsley informed the Commission that he spoke to the Mayor about increasing the per diem for Planning & Zoning Commissioners. The per diem of $25.00 per person has been the same since at least 2005. The Mayor approved the request and it will be raised to $50.00 per person. A resolution will go to City Council for approval and they should see an increase at their next meeting in October. B. The next regularly scheduled Planning and Zoning Commission hearing is scheduled for October 10, 2017. VI. Adjournment r The meeting was adjourned at approximately 7:45 p.m. MINUTES APPROVED AND SIGNED BY CHAIRPERSON ED DOTY-POMORANSKY ON THE DATE NOTED BELOW: ATTEST: Jarom Waga , AICP, Senior Planner FOR DETAILED MINUTES, PLEASE REQUEST A COPY OF THE RECORDING. Pvr A RECOMMENDATION BY THE PLANNING AND ZONING COMMISSION CITY OF CALDWELL, IDAHO PUBLIC HEARING HELD AUGUST S, 2Q17 SUBJECT: Case No. OA-17-04 (Annual Zoning Ordinance Update) TABLE OF CONTENTS: I. COURSE OF PROCEEDINGS II. GENERAL FACTS 111. APPLICABLE LEGAL ANALYSIS IV. TESTIMONY V. RECOMMENDATION I COURSE OF PROCEEDINGS 1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on application OA 17-04, to be held before the Caldwell Planning and Zoning Commission on August 8, 2017. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, have been met. On July 23, 2017 notice was published in the Idaho Press Tribune. Notice was sent to all political subdivisions located within Caldwell's area of impact and within the City of Caldwell on July 20, 2017. 1.2 Files and exhibits relative to this application are available for review in the Caldwell Planning and Zoning Department, 621 Cleveland Blvd., Caldwell as well as applicable public hearings. II GENERAL FACTS 2.1 APPLICANT: Planning and Zoning Department, 621 Cleveland Blvd., Caldwell, ID 83605. 2.2 RE UEST: This is a proposal from the City of Caldwell's Planning and Zoning Department to amend portions of Chapter 10 of City Code. 2.3 TEXT CHANGE CONSIDERATIONS: See draft ordinance. III APPLICABLE LEGAL STANDARDS 3.1 City of Caldwell Zoning Ordinance No. 1451, as amended. 3.2 City of Caldwell Comprehensive Plan, as amended. 3.3 Idaho Code, Title 67, Chapter 65, Local Planning Act OA-17-04 (Annual Zoning Ordinance Update) Page I of 3 Planning and Zoning Recommendation pLo r r IV PUBLIC TESTIMONY 4.1 Before the Planning & Zoning Commission August 8, 2017 Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, reviewed the Annual Ordinance Update and went over the requested changes. Commissioner Nelson asked a question regarding 10 02 04 and how will they will count the days allowed and how will it be regulated. Mr. Wagoner stated it is very difficult and hard to regulate and to enforce. Some people are going to be dishonest and get around it. Having it in code does help those people who are abiding by the rules. We do receive phone calls from the public regarding people living in RV's and we follow up on those complaints. Mr. Wagoner spoke on the definition of Automotive Sales (used) shall be easily accessible - we have added these words because we are starting to see what we would classify as junk yards, salvage yards, along the boulevard. Where they have literally 10-15 cars stacked in a row. We send them a notice to fix this and they reply that they are used cars for sale. That is not what we would classify as an automotive used car lot. This helps us to clarify that distinction. This way we can tell them the vehicles need to be easily accessible. Mr. Nelson asked if that meant they needed to be in operating condition. Mr. Wagoner replied that was correct. Mr. Nelson asked if current auto sales lots would be grandfathered in. Mr. Wagoner replied that they will not be grandfathered in. Commissioner Vance asked about the Dance Hall/Night Club change in use. She was asking if the Bird Stop had music would it fall in that category. Mr. Wagoner said that would not fall under Dance Hall/Night club. It's more of an ancillary use to the coffee shop, people aren't going there for a large concert, or paying a cover charge. The music is not specific to the use. Commissioner Vance had a question regarding 10-07-09 and parking lot landscaping. It could be difficult for smaller businesses to comply with the landscape planter requirement. What if a business only has 2 or 3 spaces, would they still have to have the landscape planter islands. Mr. Wagoner said yes they would. The reason for the interior landscape islands is that it helps to define the parking area, helps to funnel traffic, helps for safety and really makes the area look nice. Whether there are 6 or 12 spaces it still helps to have the defined areas. Commission Vance questioned the requirement for really small areas. Does the Director of P&Z have any leeway on modifications for small parking lots? Mr. Wagoner indicated the Commission has the ability to modify the requirement to lots containing more than 4 or 5 linear parking spaces. Commission Page agreed and recognized the limitations this would have on smaller parking spaces. He thinks that 6 would be a more reasonable number. Commissioner Nelson agreed. Commissioner Vance suggested that the department have the discretion to work with businesses with smaller parking areas. Commissioner Page agreed and it should be determined on a case by case basis depending on the size of the parking area. Mr. Wagoner said an option would be to leave it how it is and add wording about lots containing fewer OA-f 7-04 (Annual Zoning Ordinance Update) Planning and Zoning Recommendation Page 2 of 3 r than 12 spaces may be determined by the Planning & Zoning Director whether it's required or not. If they disagreed with the Director's decision they could appeal to City Council. Commissioner Vance asked about the Television and radio antennas and satellite dishes on the accessory building table. They can't be in the side yard adjoining the street or the front yard. Aren't there situations where the satellite has to be in a certain position? She asked if this requirement was referring to free-standing satellite dishes. Mr. Wagoner said yes. Mr. Billingsley agreed. Mr. Wagoner said they could add the wording "stand alone." That would better define the requirement. Commissioner Nelson commented that if there is something that is unenforceable, like we discussed, then it probably shouldn't be there. Mr. Wagoner stated it is enforceable it's just an extreme measure; we would have to get the police involved and have the RV removed. If we took it out completely we would have people living in RV's all over the place. V PLANNING & ZONING COMMISSION'S RECOMMENDATION 5.1 Based on the Comprehensive Plan analysis and testimony, the Planning & Zoning Commission hereby recommends to the Mayor and City Council that Case No. OA-17-04, a request by the City of Caldwell Planning and Zoning Department to amend and update Chapter 10, the zoning ordinance, of Caldwell City Code be approved with the following modifications: 1. 10-02-04 (3) Accessory Building Table — Televisions and radio antennas and satellite dishes - add the wording: Stand alone 2. 10-07-09 (1) Parking Lot Landscaping — add the wording: For those lots containing fewer than 6 spaces the size shall be determined at the discretion of the Planning and Zoning Director. Case # OA-17-04 was heard by the Planning & Zoning Commission at a public hearing held August 8, 2017. The Findings and Recommendation were administratively approved and signed by the Planning & Zoning Chairman on the date noted below. r. OA-17-04 (Annual Zoning Ordinance Update) Planning and Zoning Recommendation ATTEST: Jarom Wago er, AI Senior Planner Page 3 of 3