HomeMy WebLinkAbout3-15-1990 P&Z MINUTES .' , ` �
PLANNING AND ZONING COMMISSION MINUTES
March 15, 1990
The reuul�r meetina �t tYi� Caldwell �.�larinin�a arici �or�iricy
Commission was calle�� to ord�r b5•�_hairman Bill Frep at �':3U p.m.
in the City Hall Cauncil Cham1_�ers. Meint_�ers prps�rlt w�re: �ill
Free, Chairman, Tom P�qe, Terry Durhin, P1aL�y Hi�;tciPm, i:huck
Raridol�h , T�rn Er�sley dnr� War�da Anr hon�,� . A1�ser�t was L�s Car t�r .
The fir:�t item of business was to offer any chanc�es in thF
aaencia. There were no chanaes or 3dditions otfer�d so the aaenda
was accepted as distributed.
The next item of business was to approve the February 1990
minutes. With no corrections or additions offerecl, Chuck
Randolph moved to accept the mintues as distributed. Terry
Durbin seconded the motion. A vote was tak.en and the motion
passed unanimously.
Th� next items of business were the scheduled public h?arinys.
The first public hearing was that of a Special Use Permit to
allow the installation of temporary "special event" type sianinq
for a duration ot six months for ths e�istina Happy Day Ford -
Twin Cities To automotive r�ealership loeated on the nor#h
side of East Cleveland Boulevard west �f HapX�y L�ay F3ou��varri.
I{ent r4armon r"or GOI�,�Prl Rule Group, a�,�plicant.
Lennis Crooks, I�lannina and �orilnc� Dir�ctor �xplairied t}��
re�uest, the location and start's r�commenciaticns. D�nnis
exx�lair�ed that the St:aff ha�i ��one an inventory of t2�� si��rns that
are currently ��n the various ��rouerties that comp�se the
autornotive com7.�lex. The inve�ttory indic3ted tiiat th�re was
surplus sian area based upon the number ot ownershius, and the
number of buildir�as ar�d the fontagF,s of thos� buildinus a� tri�y
face the street. Bas�d on this review, the stafr f�lt that the
requested use wa� perhaps r�asonahle. Staff als� f�lt tt�at the
six mont2� time period request is reasonable consir.ierina the sinn
area inv�lved would be within the realm �f r�erniis�abl� siqr�in�a if
they were viewec� as permanent siqns. Dennis concluded that the
cumulative square feet of the additional sian� would total
approximately 96 square teet.
Chairman Free offered the opportunity for any questions from the
Commission to Dennis. With no questions oftered at that time,
Chairman Free opened the hearina tn any public testimony. The
first to offer testimony was f�en Marmon of 1924 Fillmore.
Caldwell. Mr. Marmon displayed an example of the temporary siun
Cbanner) that would be displayed on the property sit.e. Mr.
Marmon passed out pictures to the Commission in order to indicate
the relationship of the sians to the pro��erty. Mr. Marmori
requested that the Commission consider allowinr� the dealerships
to display the siqns tor a period of six months r_1ue to the
quality of the banners and the cost �f the prn�ect.
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Th� next person to nff-er pul�lic t��tirnony wa3 Duan� Wc�lt �;6Ji]i=L
of the dealerships. He explained the need to have a coordinatian
of all the dealerships within Golden Rule. He went on to ex�lain
that the obiective was to tie all the Golden Rule dealerships
taaether thraugh other advertisin�� carnpaians ancl these temporary
sians .
With no testimony offered in opposition of the request and no
correspondence offered from the staff, Chairman Free oftered the
Commission to ask any questions. With no questions asked, Chuck
Randolph moved that the request b� ap�roved with tY�e terms and
conditions outline�i by the staff. Wanda Anthon�- seconded the
motion. With no further discus�iori a vote was taken and the
motion passed unanimously.
FINDINGS OF FACT/GONCLUSIONS OF LAW
1. An application for a s��eci�l use ��ermit was �r���erl� tile�i
for the proiect in accerdance with th� urovisions of S«�cti�n
6-4-4 of tli� Piunicipal �ode.
2. The le�_ial re�uiremerits were cione in c`�CC�rdBti]C? with the
procedures outlined in 5ection o-4-� (C) of the r4uni�ipal
Cod�. PJotice to the public was given on the special usG
permit, �ro�ertY owners within JUU �eet ot the sublert
property were notified and a put�lic hearin�x was t�el�l.
3. The proposed sictnina wa� determined to qualifv for
consideration as a special use in accorciance with Section
6-2-1 of the Municipal Code.
4. A public hearina was conducted by the Planninq and Zonina
Commission under the notice and hearinu procer_jures outlined
in Section 6-4-4 fC) of the Municipal Code.
S. No public testimony was aiven other than responses to
Commission questions by the applicant. There was no public
opposition to the request.
6. The Planninq Commission concluded that the crrantina ot the
special use permit, as conditioned, would not C3L1Sf? ��arnaae.
hazard or detriment to persons or ��roperty in the viciY�ity.
The next public hearing was that ot a special use permit to allow
the operation of ari ar�oleseer�t housinct ar�d care tacilit y 1c�c3tA
witY�ii� the existina StuenenY�er�x residence locatecl at �v9 fd.
K11T11�31 1 Avenue , James Sr�ar 1 i ncr , app 1 icant .
Derinis Crooks explained th� reuueGt and statt's r��:�mfnenclations.
He further explained that the a��olesc�nt J�AZC�CI hnu�.��d in thi�
fa�ilit5� would not own or cperate motar vehicles which would
diminisri substantiall_y the ri�ed tor ctt-street parkin�a due to
less traftic aeneration.
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With no questions frotn the Commission directed toward L►enr�is,
Chairman Free opened the hearin�x for public testimony. The first
testimony offered was frorn Carnillo Lope�, 1721 Roosevelt,
Caldwell. r4r. Lapez stated that his office is 7G2 Chic��YO,
directly across from th? aubiect property. He stated tt�at two
ladies had authorized him to speak. on their L�ehalt: Ms. Ethel
Krebs of 1818 Chica�o anci Eva kowley, 82� Chica�xo. r11 . Lo����
stateci that the neiahborhooci has b�en improvinct anrl this
buildinq is not suitable for the pr��pos�d us�. HP stat��d tti�t
the surrour�dinq property owners would like to IC@?�J tt�e
r�eiahL�orhoad with the re�idential characteristic� it now has a.nti
khat tY,i� ��+�+�rati�Fn nii+�ht. l�e t��trim=ntal.
The next person to �ffer public testirnony was Eric Le�, owner �f-
811, 816 and s22 Belmont. H� resides a� 811 Belmont Mr. Lee
expressed cancerns about the naise and disturbance that this tyX��
of operation rnight cause the neiqhborhood.
The next person to offer testimony was James Sparlina, owner of
the sublect property, residinq at 1551 Totterel Way, Boise. Mr.
Sparlinq addressed the type of children he expected to serve,
staff inembers, and the propram the residents would be required to
follow. Mr. Sparling stated that in his research with other
facilites of this type and talking to community members, he has
received much support for this proiect. He futher stated that
an application has been filed for non-profit status with the IRS
and he is solicitina private donations to fund the project. He
explained the physical layout of the buildina in relationship to
the security of the children beina housed in tt�e facility.
Chairman Free opened the hearinq for the Commission to ask an_y
quest i ons of !9r . Spar 1 i ng . Tom Fa��re quest i anecl r3r . Spar 1 i n�x
concerning the number of staff beina responsible tor watching
14-16 residents at one time durina the sleepinr,� hours. P4ar;Y
continued the questionina in regards to security of tl1� builclinct.
Mr. Sparlin�t e�.plained ttiat tYi� chil�lren wnuld be i��auire�l tn �ao
throuah the resicier�t r►ianacter's sle�ping quarters in vrder to exit
the buildina. Ther� was further discus�.�ion ir�cludir��a sub�iec�.s
such as recreat ion act ivi *. ies for t he �_�h i l�iren , and cancerns
reaardina the childreri's use of nearl_ty tauairi�s��� sucl a� aiocerr�
stores and launary fac i 1 i t i es . 'Phe t Yr�es of ch 1lclren bei ng
referred and th� orictin of these r�terr3ls wa� al�c an issu� a�
well as the rules and re��ulations that woul�i k�� imposed on the
children residiny at the residence. `Phe C;orrimission �xpressed an
interest in reviewing a copy of the house rules and rectulations.
The next person to offer public testirnony was Mark Stohler, 409
N. Kimball, Caldwell. Mr. Stohler stated that he arew up in a
boys home ot this nature and he stronaly }�E'ZiGVPS that �uch a
facility can make a difference in a childs life. He urged the
Commission to approve the special use perrnit.
Camillo Lopez requested to readdress the Commi3sion to clarif_y
the cateqories of children handled thrau�h the Health and WGlt�r�
Uepartment. He stated that ther? are two main categorie� Health
and Welfare uses in determinina the type of car? a`hild need�
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whict; i�7clu�3es criteria within tt;� r�ut� k� ���t �rv3
the Child Protective Services Act. P3r. Lopea state�l that his
cor�cern is tt�at ttie ct�ildren b�inu serviced throu�.�l� the Youtl�
Rehabilitation Act are those children wha have committed some
type of crime and if these children were allawed to reside at the
facility the possibilitY of problems with discipline and behavior
could ensue.
After a brie� discussion concerninet fire code an� buildina code
inspections of the buildina Chairman Free reviewed the
Commission's options which included either approving the �pecial
use permit with stipulations oth�er than tho�a_ �tated in atatt'�
recommendation, denyinq the special use permit or perhaps
deferina the decsion until a later meetinq. Both P4ary Higdem and
Chuck Randolph expressed a reluctance to decide the matter at
this point and felt that more information was necessary in order
to address many of the issues anci concerns as9ociat?d with the
request. Chuck �andolph made a motion to defer thE vot� for this
special use permit until such time as the Commission can be ctiven
more detailed information concerning the operation of the prop�sed
facility.
There was additional discussion amanr� the Cammission members
re�ardina the extent af additional intQrmat_i�n thst woull b�
needed in orc�er to make an informed decision. ThG requested
additional irifarmation includ�� tkie �cllowiriq:
A. A galice re��ort from the City��, Police Chief to a�idr��s
the sulilect property, its loc3tion, the �.+rcposeri use
and characteristics nf the occupancr. I�dditionally,
the Police Chief was askerl t� review the pro�7ram and
the adequacy af the lev?1 of supervisi�n m�intained far
the facility.
B. Specific guidelines regarding the background ot the
children and the orictin of referrals for the residents
of the facility.
C. Details, in writing, of the proposed rehabilitation
program, recreation and educational activities.
D. Testimon_y from a representative from the State Health
and Weltare Office to address licensinu of the facility
and the Staff's role in monitoring the facility's
operation
F. Testimon�r' fro►n individuals c�ho will be rnakina referrals
for occupants of the facility. The Con�mission aiso
expressed preferenc� to recpiv� or�l teatimc�ny �t th�
public hearina in arder that those t?roviciinrx testimonz�
could be ctuesti�ned.
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The next item for public hearing was that of a special u�e permit
to allow the operation ot a pet grooming salon on sinale tamily
residential property located at 2410 Iowa Avenue, t4arty and Kirn
Stufflebeam, a��plicants.
Dennis explained the request, location and staff's
recomrnendation. 47ith no questiar� from the Cornmissi�r� tc� Uennis,
Chairman Free openec� the hearina to receive public testimony.
The first person to offer testimony was the owner of- tYie sul�j�ct
property, P1artY Stufflebeam, L410 Iowa Avenue. rir. Sturfl�b�3tn
stated that the busineas has been in aneratiar� tor ar�nraximatelv
5 years at another locatif�n. H� stated that there is existin��
har�war� tkiat would b� nioved to this loc�tion 1ClC1U�.�lfir.l a h�at�L
and a larg� tub to wash Lhe docts. He further ex�lai.nNd that non�
C.�f the dogs will }?e allowed to Y» bUard�d ��vF_rrti�ht. He
ex�rlained characteristics ot khe existinci pr�j?�r*�,• ar�d th�
i►nF�assibility ot the dog� b�ing ar�le to get out of th� f?nC�ri
area ar�und the ctaraue. He stated that it was their intention to
displa;� a 1 x�3 foot sir�n to id�ntify the us� and prc.zperty.
After further �iscus�sion concernin�Y oft-street parkina, sign
reaulations an�� the maximum number of doas beir�a serviced, Torn
Ensley made a motion to grant the special use permit with the
terms and conditions outlined by staff. Torn Paqe seconded the
motion. With no further discussion a vote was taken and the
rnotion passed unanimously.
EINDINGS OF FACT/CONCLUSIONS OF LAW
1. An application for a special use permit was properly filed
for the proiect in accordance with the provisions of Section
6-4-4 of the Piunicipal Code.
2. The legal requirements were done in accordance with the
procedures outlined in Szction o-4-� CC) of the P4unici�.�a1
Code. Notice to the puhlic was ��riven on the s�ecial use
p�rmit, property o�aners within 3UU fFFt or the subiect
propPrtY wer� n�tifi���� arid a r�uhlic hearing w�s l��lci.
3. `I'he �.�ropos?cl use was cietermi n��3 t o be a sT��e 1al use i n t hv
R-� zone.
4. A �.�ublic hearing was conduct�d b;� the Planninu ar�d �.,oninq
Commissiori ur�der the notice and hearina procedures outlined
in Section 6-4-� (C) af the rfunicii�al C�de. ,
5. No public testimony was given other than responses to
Commission questions b� the applicant. There was no public
oppositian to the request.
6. The Planninci Commission concluded that the cxrantincr of the
special use permit, as conditioned, would not cau�e damarxe,
hazard ar detriment to per�on� or prapert�� in th? vi+�inity,
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The r�ext itern �f Y_�L1�1T1C�3 w.3� ��r u��� �_��rrui t. t� � �11.�}tn+
construction ot a church anci relat�d facilities located at the
southwest corner of tt�tic}� F�taad and La};e Av�r�u�, Jac)� ��ool:� tor
Bilile �3apt i�t Church , appl icant .
Dennis explained the requ��t, lo�ation an� staf�'s
recommendations. Dennis further explained the prop�sed heiaht of
the church to ne constructed would be continaent upon the
adoption of the code amendm?nt b_y the City Council to amend the
heiaht regulation in the R-1 and R-2 zones.
With no questions from the Commission directed toward Dennis,
Chairman free opened the hearina to receive public testimony.
Testimany was received from Jack Cooke, pastor of the Bible
Baptist Church, residina at 2808 Pices Drive, Caldwell. P4r.
Cooke explained the intent of the church to expan� an��i provide a
facility for people to worship that is also an attractive
contribution to the community.
Tom Paqe questioned the applicant concernina the iri�tallation of
a sidewalk. Mr. Cooke responded that the installation ot a
sidewal}� was not planned at this time. P4r. Cooke also rPcaar�i�eri
the benefit of the sidewalk and indicated hp would be willin�x to
install sidwalks at a later date.
'I'he n�xt person to testifY in favcr af the rectuest was t1r.
Gamillo Lar�ez. He spoke k.�rietly c�nc�rnin� Y�is c�Cziniar� tt�at this
church woulcl be an asset to the communitv and surroundina land
use and urae�� th� Cammissian t� ctrant the special use ��prluit .
With no further testimonv in favor of and no t?stimonv in
oppasition of the granting of tk�is special use perrnir_ Chairrnar�
Free opened the hearing for question� from the Cornmissicn. Piary
Hiqdem questioned whose res�onsibility it was to install the
gutters and sidewalks. Dennis responded by �tatin��t r.hat the Cit_y
has acquired the right-of-way alonq the fontaaes of this propertr�
as well as some of the adiacent properties of approximately 80
feet at this time. vennis further stated that the existirig pavpd
section of the roadway was approximately 40 feet wide and due to
the relatively remote location of the site, additional street
widening improvements were not anticipated at this time. Uennis
also informed the Commission of the City's practices and policies
and the street improvements were typically required as part or a
plat or subdivision. Dennis stated that Y�ecause of the possible
growth of this area the Commission could require the installation
of sidewalks as part of the approval of the special use permit.
After further discussion t4ary rnade a mction to approve the
special use permit with an additional condition that ttie
installtion of sidewalks be completed when completing the parkirin
lot and landscapina . 'Pom Faae seconcied the mat ion. With rio
further discussion a vote was taken and the moti�n was �asse��
unar�imouslv. `I'om En�ley elected tU abstain frc+m votir�r_�.
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FINDINGS OF FACT/CONCLUSIONS OF LAW
l. An application for a special use permit was properly filed
for the proiect in accordance with the provisions of Section
6-4-4 of the Municipal Code.
2. The legal requirements were �one in accordance with the
procedures outlined in Section 6-4-4 iC) of the Municipal
Code. Notice to the public was given on the special usP
permit, property owners within 300 feet of the subiect
property were notifed and a punlic hearinq was held.
3. The proposed use was der.ern�ined to be a special us� in the
R-1 zone.
4. A puLilic l�earing was conduct��� by the Plannin�x ai��� 2onin�a
Commission unr.�er the r�ot ice anr� hear i r►cr uL oceclur�s out 1 i rie�
in Secti�n 6-4-� tC) ot the �4uni�inal C�cte.
5. PJo public testimonr was niven oth�r than rpspon.ses to
Con►mis�ion auestions by the a�plicant. `1'here was no public
�pposition to the request.
6. The Plannincx Commission concluded th�t the arantina of the
special use permit, as conditioned, would not cause damage,
hazard or detrirnent to persons or property in the vicinity.
The next item of business was a special use permit application to
allow the location and construction of an off-street parkina
facility that is located an a lot other than the lot and land use
which requires the parkinq on property located on the north side
of Freeport Street approximately 200 feet east of Tenth
Avenue, Pizza Hut of Idaho, Inc., applicant.
Dennis explained the request, location and staff's
recommendations. Dennis stated that this property is the sub�ect
of a �one change application which is scherluled bo r.�o before the
City Council on l4arch 19, 1990.
After brief discussion concernin�x owenership of th� adiacent
property Chuck kandolph made a rnotion to apr�rove th� s��ecial use
permit with the terms and conditions recommended Liv statt. Wan��ia
Anthonv seconded the motion. With n� further C�ISCUSS10I1 a vot�
was taken and the mor,ion passe�i unanimouslV.
FINDINGS OF FACT/CONCLUSIONS OF LAW
l. An application for a special use permit was ��rcperly tiled
for the proiect in accordance with the provisions ot Section
6-4-� of the rsunicipal Cade.
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2. The legal requirem�nts were �one in accordance with the
procedures outlined in Section 6-4-4 CC) of th� Municipal
Code. Notice ta th� �ublic was ctiven on the ���ecial use
permit, property owners within 300 feet of the sub)ect
property were notified and a public hearin�� w�s i�eld.
3. The proposed use w�s determfned to be a special use ir�
either the �-3-T or C-4-T �one as i!:lentifie�i in the City's
Land Use'Schedule.
4. A public hearina was con�ucted b,� the Plannin�7 and Zonin�x
Commission under the notice anci hearinci rrocedur�� outlined
in Section 6-�-4 (C) of the tlunicipal Code.
5. No public testimon_y� was r_iiven other than responses to
Commission questions by the applicant. There was no public
opposition to the request.
6. The Planning Commission concluded that the arantina of the
special use permit, as conditioned, would not cause damacte,
hazard or detriment to persons or property in the vicinity.
The next item of business was an amendment to Section 6-1-4 of
the Caldwell Zanina Ordinance to aive consideration to
establishinq sub-zone classifications within the k-3 (Hicth
Density Residential) zone, City of Caldwell, applicant.
Dennis explained the reasons for the request and staff's
recommendation.
With no further discussion Tom Ensley made a motion to recommend
to the City Council an amendruent to Sectian a-i-4 c�f ttie
Calciwell Zonina Ordinance. Terrv Durban seconded the motion.
With no further discussion a vate was taken anci th� rnotion t�ass�d
unanimously.
The next items of business were those miacellaneous items on thA
aaenda. With no obiections f? th� Commission �nembers the
aaenda was amendecl to discuss item C first tQ accomodate P4r.
Lopez iri the audiPnce who wanted to speak orr this i113t taL" .
Tl�is request is to modify a sppcial use permit involving
amusement center/aarne arcade at 417 N. 5th Avenue. Dennis
explained that this request is to chanqe the lease sit? from one
location to another within the sarne buildina. The applicant also
indicated to staff that it was their intent to install 15 video
games instead of 10 as originally brouaht before the Commission
at an earlier meeting. Dennis explained that the question before
the Commission at this time is if this chanae of location and
intent of nurnber of video ctames installed would constitute
brinqing this before the Commission at a new public hearina in
the future.
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Chairman �'ree off�red to a11ow Mr . Lope� �peak 3t thi� t ime . t1r ,
Lopez briefly stateci that he felt these changes constituted a
neect tc� require a new public hearina.
After discussion concerninct the restaurant involved in this
establishment, the sellina ot beer at this location and the
surroundinq land use at this time it was the concensus of the
Commission to require this to be brought b?fore the Commission at
a public hearing sometime in the future.
The next item of business was a request from Greater Investments
tc�r a F'reliminary Flat involvinq a mobile hame ,�ubdivi�ion
proposed at the nartheast corner of N. 5th Avenue and Ithaca
Street .
Dennis explained the purpose of the request and stateri that this
iteru is schedule to come before the Cotnmission in April.
The n�xt item ot business was a reque�t from Dr. Ctiristopher and
Marva Carr.� for an amendment to ttie City's Comr�rehensi��u ��lan fr�rn
Low Density Residential to Hi��ih U�nsir.y kesid�ntial at th?
southwest c�rner of Loaan �t.re�t �nd i<iinbal l AvNnuF�• .
Dennis explained the rea,�ons for the request, rhe locat.ion an��
the current off-street parkiny situatic�ri.
Atter brief discussion it was the cons?nsus of the Cammission to
set this item for public hearing at the next scheciuled meetinu.
The last item af business was that of sianing of the final �lat
for Fillmore Square. This matter was handled at th� conclusion
of the meetinct•
Dennis presented some miscellaneous items that were not on the
reaular aaenda. The first item was that of the Canyon Hill
Elementary School. Dennis stated that there has been a minor
site plan adiustrnent in reaards to chanyina the orientation nf
the building.
The next item was that of a special use �errnit application
received by staff for a truck. salvag�f`sale� �,rard on the soutti
side of Garber Street, east of Farrnwav. This it�m will }�e set
for pub 1 ic hear i n�x i ri Apr i 1.
Uennis further stated ttiat a special use UF'tRllt ap�:�lication �aill
be forthcominy to allow an auto sale� t3ci7.ity lccatF�� at �oi:�e
Avenue an�i Galvesron Street, �oned C-4.
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L►ennia dis�cu��ed the p+��,�ibility ot � Flat agFlicatii�n for a
mobile home subdivision at ist £ Iiearney.
With no further business the meeting was adjourned a± 1U:�5.
Re�pectfully submitted,
Sue Mullen,
Recording Secretary
Approved by,
E1i11 Free, Chairman
Planninq ar�d �onina Camrnission
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