HomeMy WebLinkAbout2-15-1990 P&Z MIINUTES 4 � �
PLANNING AND ZONING COMMISSION MINUTES
February 15. 1990
The regular meetinq of the Caldwell Planning and„ Zoning
Commission was called to order by Chairman Free at 7:30 p.m. in
the City Ha�l Council Chambers. Members present were: Ron
Myers, Terry Durbin, Les Carter, Tom Ensley, Mary Higdem, Tom
Page and Chairman Bill Free. Absent were: Wanda Anthony and
Chuck Randolph.
The first item of business was to offer any changes in the
agenda. There were no changes or additions offered so the agenda
was accepted as distributed.
The second item of business was to approve the January 1990
minutes. With no corrections or additions, Les Carter moved to
accept the minutes as distributed. Tom Ensley seconded the
motion. A vote was taken and the motion passed unanimously.
The next item of business was to recognize a new member to the
Commission. Chafrman Free welcomed Tom Page to the Commission.
The next items of business were the scheduled public hearinqs.
The first public hearinq was a Comprehensive Plan amendment to
the land use component from Low Density Residential to High
Density Residential for presently unincorporated area located on
the north side of West Logan Street approximately 1/2 mile west
of Kimball Avenue, Riley Hill applicant. Dennis Crooks,
Planning and 2oning Director, explained the purpose of the
reque9t, the location, surroundinct area and staff's
recommendations. Dennis further explained the staff's
investigation of traffic generation on Logan Street. Dennis went
on to explain that an option for the Commission to consider is to
direct staff to review the possibity of creating other zoning
classifications that would be more in line with the densities
associated with the anticipated future project. ,
Chairman Free offered the opportunity for any questions from the '
Commfssion to Dennis. With no questions from the Commission, '
Chairman Free opened the hearing to receive public testimony. '
Riley Hill, the applicant from Ontario, Oreqon, offered
testimony in favor of the request. Mr. Hill explained the
concept of the Senior Congregate Care facility he is proposing,
reasons he chose this particular site and presented letters of
support from Dot Blessing, Caldwell Senior Citizens and also ',
from the Canyon County Organization on Aging.
1
� • .
Chairman Free opened for any questiona from the Cammi��ion ta Mr.
Hill. As there were no questions at that time Chairman Free asked
for any other testimony in favor of the request. Roy Roark,
owner of the subject property, spoke briefly in suppart of the
proiect. Bill Yoast, Real Estate aaent from Ontario, Oreqor�, als�
spoke and provided some background on the qualifcations of the
applicant. -
With no further testimony in favor of the request,Chairman Free
opened the public hearing for testimony in oppositior� of tt�e
request. Joe Whittenborn, 813 W. Logan, offered testimony with
concerns about any future rezonina and the affect of attractinq
other projects of greater mactnitude to the area. The next
testimony was from Karen Kesner, 806 W. Logan. Ms. Kesner
testified that she is in favor of qrowth in Caldwell but had
concerns about thi� project actually confininq its construction
to what has been promised. She questioned if rezoninq the area
would allow them to expand and construct a project larger than
expected. The next testimony offered was from Clinton Adams, 819
W. Logan. Mr. Adams had concerns about changing the land use
pattern and style of living that is in the area at this time.
With no further public testimony Chairman Free asked for any
other communication staft may have received. Dennfs stated that
there was one informational call that was neither in favor of or
in opposition to the request. There was some discussion
followinq in reference to the �equence of approving the
comprehensive plan. annexation and then a zone chanae. Dennis
also attempted to answer some of the questions raised during
public te�timany. In particular, the concern of density was
discussed and Dennis indicated that once rezoning to hiah density
residential was accomplished, development could be pursued at a
hiqher density u� to 30 units per acre. Triere was more
discussion concerning creation of additional zoning
classifications within the broad ranae of Hiah llensity
Residential to allow more control over the density in a zone.
After more brief discussion Les Carter made a motior� to
recommend approval of the proposed comprehensive plan amendment
to the City Council.Tom Ensley seconded the motion with the
addition of a stipulation that the staff be instructed to study
the possibility of changes to the zoning ordinance that would
consider the possibility of establishing various
classifications within the Medium and High Density zoning as a
means to more closely identify permitted and intended residential
den�ities. Les Carter accepted the amendment to the motion.
After a brief discussion a vote waa taken and the motion passed
unanimously.
2
�
, . •
FINDS OF FACT/CONCLUSIONS OF LAW
l. A request for an amendment to the Comprehensive Plan was
properly filed in accordance with provisions of Section
6-1-7 of the Municipal Code.
2. The legal requirements were done in accordance with the
procedur�s outlined in Section 6-4-3 (C) of the Municipal
Code. Notice of the public hearing was given on the plan
amendment. All property owners within 300 feet of the
subject property were notified and a public hearing was
held.
3. The request complied with existing criteria for amendments
and changes as contained within the comprehensive plan.
4. A public hearing was conducted by the Plannina and Zoning
Commission under the notice and hearinq procedure outlined
in Section 6-4-3 (C) of the Municipel Code.
5. Public testimony was given in favor of the request. There
was no public opposition to the request. However, there was
testimony given that was neither in support of or in
opposition to the request but rather neutral and inquisitive
in nature. �
6. There is a need in the community for property with a high
density residential land use desiqnation.
7. The site can support higher density development due to the
availability of adequate sewer and water service.
8. Logan Street is identified as a minor arterial and can
accomodate additional trafffc.
9. The potential for very high residential densitie� can be
mitigated through the establishment of sub-zone
cla�sifications within the R-3 zone to place limits on unit
densitfes.
10. Potential developments on the north side of Logan Street at
a medium range density within the R-3 zoning classification
would be compatable with the established land use
development pattern of the area.
The second public hearinct was that �f a zone change from R-3-T
(Multi-Family High Density Residential, Mobile Home Residential
Overlay zone) to C-4-T (Interchange or Freeway Commercial, Mobile
Home Residential Overlay zone) for property located qenerally on
the north side of Freeport Street between Tenth Avenue and
Eleventh Avenue, Piaza Hut of Idaho applic�nt,
3
I � ' • •
� ,
benni� �rooks explained the request, location, �urroundinct land
use and staff's recommendation. With no questions from the
Commission to Dennis Chairman Free opened the hearing for public
' testimony. There was no testimony offered either in favor of or
in opposition to the request. Larre Robertson, representing the
applicant, indicated his presence in the audiance and that he
would be available for questions if necessary.
After a brief discussion Tom Ensley made a motion that the zone
change request be forwarded to the City Councfl with a
recommendation of approval. Ron Myers secondeci the motion. With
no further discussion a vote was taken and the motion passed
unanimously.
� FINDINGS OF FACT/CONCLUSIONS OF LAW
l. A request for a zone change was properly filed in accordance
with provisions of Section 6-4-3 of the Municipal Code.
2. The legal requirements were done in accordance with the
procedures outlined in Section 6-4-3 (C) of the Municipal
Code. Notice of the public hearinq on the zone chanqe was
given. All property owners within 300 feet of the subject
site were notified and a public hering was held.
� 3. A public hearing was conducted by the Planning and Zoning
Commission under the notice and hearing procedure outlined
in Sectfon 6-4-3 (C) of the Municipal Code.
4. Public testimony was given in favor of the zone chanqe
request. There was no public testimony in opposition of the
request.
5. The zone change would be consistent with the existing
comprehensive plan designation which is General Commercial.
6. The zone change would create �oning consistency with
existing commercial land use activities.
7. Existing residenceg at the corner of Freeport Street and
Eleventh Avenue would not be rendered non-conforminct as a
result of the zone change.
The followinq items of business were considered under
miscellaneous items:
The first item was a request for a preliminary plat to allow the
creation of 32 lots within the Caldwell Industrial Airport, City
of Caldwell applicant.
Dennis briefly explained the request, the purpose of the sub-
division and the staff's recommendation. Jerry Olson, Mana_qer of
the Caldwell Industrfal Airport spoke briefly on the reasons for
the request. After brief discuasion Mary Hidgem made a motion
to approve the preliminary plat. Tom Ensley seconded the motion.
4
, ^:.....:r \ ...... � ." ...', r : ..�a-lr"itLT -'.T - ^v r� �� T�` ' `': ' c7�� .7 �' .:le .1' ' , �,« � ' _
. �.�� � �. . . � .� , .r,...� . � .. ..... .... ..
. . eA . , �c. .. �, -�". ' � � ti i' ,..- . ...; , . r�-... . . .. ....
, • • �
With no further discussion a vote was taken and the mation passed
unanimously.
,
The next item was a request from Gary Lasher for a preliminary
plat and Planned Unit Development to allow conversion of the I
existing Indian Creek Mobile Home Estates to a Mobile Home �
subdivision. '
i
Dennfs explained the request, location and staff's '
recommendation. Dennis further explained that this reque�t may '
not be ready to present for public hearing in March. After briet
discussion it was the concensus of the Commission to set this
request for future public hearing either in March or April.
The next item was a request from James W. Sparling for a special
use permit to allow the use and operation of an adolescent
housing and care facility within the existing Stuenenberg
Residence located at 409 N. Kimball Avenue.
Dennis explained the reque�t, location and current zoning
regulations and staff's recommendation. With no further
discussion it was the concensus of the Commission to set this
item for public hearing in March.
The next item was a request from Jack Cook of Bible Baptist
Church ta allow the construction of a church and related
facilities located at the southwest corner of Ustick Road and
Lake Avenue. There was discussion regardinq a previous request
from this applicant involving annexation and rezoninq. There was
also a conditional use permit approval by Canyon County which had
expired.
With no further discussion it was the concensus of the Commission
that this item be set for future public hearing.
The next item of business was that of the Comprehensive Plan
amendment policy. Dennis explained that this item was before the
City Council in their January meeting and they approved it in
concept but delayed their final decision to allow the Planninq
and Zoning Commission some input on preferred time frames for
making recommendations reqarding comprehensive plan change and
amendment. After some di�cussion the Commission agreed that the
months of March and September would be appropriate months of the
year to make these recommendations. Tom Ensley made a motion to
approve the Comprehensive Plan amendment policy with the months
of March and September beina designated for comprehensive plan
amendments and forward this recommendation to the City Council.
Les Carter �econded the motion. With no further discussion a
vote was taken and the motion passed unanimously.
5
, • � �
The next item of busine�a wa� a requ��t �pr t�rnpar�ry �ignin� far
, automotive dealerships.
Dennis discussed the request and his contact with the City
Attorney. He further discussed the zoning ordinance and the
Municipal Code which includes reference to adoption of the
uniform sign code and the possible inconsistencies of these
codeg. Denrr�s went on to explain the Staff's recommendation to
accept the criteria that is already in place within the uniform
sign code. A draft re�olution of interpretation was prepared
for the consideration of the Commission.
Chairman Free then oftered to let Ftent Marmon, representing the
applicant, speak in favor of the request and answer any questions
that the Commission may have.
There was discussion concerning the size of the signs, the
process of mounting the sfqns the reason for the siqns and the
amount of time the siqns would be displayed. Kent stated that
the applicant would like to display these signs for 6 months in
connection with changing the name of the dealerships.
Dennis further explained that one option for the Commission would
be to authorize these signs on a temporary basis with the
understanding that they be removed in 60 days unless they could
obtain an extension of time through a special use permit
process. Dennis further explained that the Municipal Code for the
City of Caldwell adopts the the Uniform Sign Code as part of it's
Municipal Code. Dennis stated that his conversatfon with the
City Attorney indicated that if there appears to be an
inconsistency in the two codes the Commission does have the
authority to make a policy fnterpretation.
Additional discussion follwed. Terry Durbin cited concerns with
the possible proliferation of temporary signing and the dangerous
precedent that could be set if these types of sians were not
properly reviewed and controlled. Terry suggested that both code
sections and, in particular, signing regulations within the
zoning ordinance be given strong consideration when reviewing
temporary signs. Othe Commissioners shared this concern.
Terry Durbin made a motion that the resolution be approved. Tom
Ensley seconded the motion. With no further discussion a vote
was taken and the motion wa� passed unanimously with the intent
that the resolution be used as a policy guideline for the Staff.
Dennis was further directed by the Commission to approach the
City Attorney for assistance in applying the codes to the auto
dealership signs.
In the event that the applicant was not satisfied with such a
determination, the item could be brought back as a special use
permit at a public hearing for a more formal review by the
Commission. A tentative special meeting date of March 1, 1990
was scheduled.
6
, . ` � �
Two additional miscellaneous items were presented by Dennis that
did not appear on the agenda. The Commfssion was advised that
the Golden West Realty sign was installed at a height of 12 feet
rather than the expected height of 10 feet. The Commission was
not concerned and felt the spirit and intent of the installation
was met. The other item involved a submitted special use permit
application to allow a dog/pet grooming salon in an R-2 zone.
Dennis explarned that this specific use was not listed in the .
City's Land Use Schedule. However, the mo�t comparable u�e wa�
that of a barber and beauty shap which was classified as a
special use in the R-2 �one. After �arne bri�� di��u�a�ian, th�
Commi9sion determined that the requested use does qualify for
con�ideration and agreed to set the special use permit for public
hearing in March.
With no further items of business the meeting was adjourned at
9:45 p.m.
Re9pecttully submitted
Sue Mullen
Recordfng Secretary
�
I
Approved by �
Bill Free, Chairman
Planning and Zoning Commission
7