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Home My WebLink About9-5-1991 P&Z MINUTES �� . . ' PLANNING AND ZON�NG COMMISSION � � MINUTES Meeting of September 5, 1991 Present: Chairman Chuck Randolph. Rita Earl, Tom Ensley, George Hanta, Bob Carpenter and Mary Higdem. Absent: Wanda Anthony. The meeting was called to order by the Chairman, Chuck Randolph, at 7:00 p.m. in the City Hall Council Chambers. It was noted that Commissioner Tom Page had submitted his resignation rrom the Planning and Zoning Commission. The first item on the agenda was the minutes ot the August 15, 1991 regular meeting of the Planning and Zoning Commission. With no corrections or additions ofrered by the Commission members, Tom Ensley made a motion to approve the minutes as distributed. George Banta seconded the motion. A vote was taken and the motion passed unanimously. The first public hearing was a Special Use Permit application to allow a convalesce.^.t/nursing home for the elderly on property located at 1408 Ar?ington. Ann Faulconer, appiicant (Continued from August 15, 1991.) Dennis explained that this item was continued TrOm the Planning , �nd Zoning Commission's meeting of August 15 at the request of the applicant due to iil health. The �i�y �ttorney had indicated in a written opinion provided to the Ccmmission memi�ers at their August meeting that it is grope: ror �he Planning and Zoning Commission to continue the public hearing and render a decision on this case. Dennis added that a rurther item of corresponaence in opposition to the request had been received and �nis was distributed to �ne Commission. The first testimony to be heard was from Mr. Roy Payne or 312 E. Morrison who stated that he continues to be opposed to this permit based on the land use pattern of single family residences and the size of the subject property. The second testimony to be heard came rrom the applicant. Ann Faulconer, who stated that sha would be represented by her attorney, Lyman Belnap. Mr. Belnap informed the Commission that he had sent a letter to Mr. Gigray, City Attorney, dated August 30, 1991, which �ppur�r.t j� ::�3Ci ....� ?^A°n m.ar�o a�,�4a 1 �1-�1 0 �n momi�-prc Cf t}�IP Commission. He also stated that this is second of two home i .� • i care unit� operated by Ms. Faulcaner �i�� she h�s received �tat� • approval and licensing to so operate. When such a license is granted, the quality of the structure is also investigated, and it was determined that some electrical work needed to be done prior to Iicensing of the facility. Ms. Faulconer approached the City for an Electrical Permit and was then informed that she would require zoning ciearance before she could operate this type of use. Mr. Belnap added that on the Special Use Permit application, Ms. Faulconer identified the facility as a Resident Care Home but that on the Public Notices of Hearing staff had identified it as a Convalescent/Nursing Home. He was also concerned that someone appears to be trying to sabotage this project. Mr. Belnap then quoted from the Idaho Code regarding residences for the "mentally or physically handicapped". He stated that all the residents are physically and/or mentally handicapped and are, therefore, covered by the statute. Commissioner Rita Earl asked the appiicant what a"temporary license" rrom the state entailed. Ms. Faulconer explained that a temporary license to operate was always granted for the first six months, allowing further inspection of the facility and care provided. There are three levels of in—home care provision and Ms. Faulconer takes leveis I and II. Dennis stated that there was no further public testimony or ' correspondence concerning this issue. Bob Carpenter maintained that the power of decision—making by the Planning and Zoning Commission was confirmed in the opinion of the City Attornev to be legally viable. George Banta felt that decisions to accept residents based on whether or not that person was handicapped or just elderly would have a definite bearing on the outcome of this hearing. Rita Earl was also concerned about the Commission's jurisdiction in this matter. Tom Ensley stated that as a Commission we should conform to the direction rrom our City Attorney in this matter. Mr. Belnap resumed his testimony and stated that his client was not aware that she was in violation or City Code until she applied ror an Electrical Permit. However, Dennis stated that the Planning and Zoning Department did not become invoived until 2 . � • a complaint was received fram a neighbor concer�r�ing the propUsed • usa. Concerning the description ot the facility in Notices of Hearing, Dennis further stated that the Land Use Schedule does not list every possible use, but that he uses his professional judgment to decide within which category a particular establishment may fall. The City Zoning Orciinance uses the terminology "convalescent, nursing and rest home" for the elderly. Mr. Belnap quoted from the Idaho Code concerning mentally and physically handicapped persons in a supervised facility. Bob Carpenter stated that this was not new information. Tom Ensley then moved that the Planning and Zoning Commission determine that they can consider the special use permit application and on that basis that the special use permit be denied. Bob Carpenter seconded the Motion. After some discussion, Dennis stated that the City Attorney's finding was that the State Code differentiates between a mentally and/or physically handicapped person and an elderly person and that the two classifications are not necessarily the same. Bob Carpenter added that the City Attorney based his opinion on his knowledge ' of law and that we have to abide by his opinion. This application is for a commerr.ial enterprise and as such is receiving the same scrutiny any other commercial enterprise would receive in this residential neighborhood. A vote was taken and the motion to deny the Special Use Permit was approved 3 to 1. Those in favor were Bcb Carp�nter. Tem Ensley, and Rita Earl. George Banta voted against the motion; Mary Higdem abstained because of absence from the previous public hearings. The cli�^± was advised or her r;a?�* to appea? the � decision to the City Council. Notice of such apoeal is required within five (5) days or the Planning and Zoning Commission Meeting. The next public hearing was an appiic�tion ror a Special Use Permit to allow a security apartment within the American Music Building on property iocated at 2912 E. Clevelanci. Betty Adams, applicant. Dennis explained the background of the application and the reason for the hearing, that this was a residential use in a C-3 (Commercial) zons. The first person to otfer testimony was Sally Christiansen, representing the applicant. She stated that the request was in response to crime in the neighborhood and three break-ins in the Music Building within the last six months. There will be only one or ±�rio persons :;ving in the apartment at one �ime, either the owners or someone closely related. 3 .• � � Rita Earl relt that t.he �.z�e wt�tild ��e ap�ropri�te. T�m Ensl�•� • questioned the parking situation, which was determined to be plentiful. Clzairman Randolph confirmed that the applicant has agreed to comply with the terms and conditions of the permit. A motion was made by Mary Higdem and seconded by Rita Earl to approve the Special Use Parmit and the motion passed unanimously. The next item of business was a preliminary plat application for Hickman Subdivision No.1. Dennis explained the application and confirmed that the subdivision required dedication for both Lake Avenue and Ustick Road to allow for street widening at some point in the future. He further stated that Mr. hickman has worked closely with Planning and Engineering Staff in designing_ the subdivision. Concern was expressed as to whether lots fronting on Lake Avenue should access to Lake Avenue or should be so designed as to access on a street within the subdivision itself. Commissioners � generally felt that with the reduction in lots and with circular or dual access driveways for the L�ke Avenue lots, that the design of the subdivision was acceptable. In response to a question from Hob Carpenter regarding sewer hookup, Dennis explained that sewer hookup is not available to the lots under consideration at this time, but should there be further expansion or the subdivision at a later date, there woulci have to be a connection to City sewer services. If there is a change in ownership of the adjoining parcels, they too would be heard by the Planning and Zoning Cc�mmissian �nei th� _�YwY.=� question would continue to be addressad. Don Watts, from A& B Engineers in Boise, conrirmed that the lots are 40% larger than required by Southwest District Health for septic tank installation and that sewer availability, street access and traffic patterns were studied at the beginning of the project. Mr. Hickman stated that he is working closely with the City and is trying to benerit the City in addition to establishing a development, and they are considering open spaces, green belt and small park areas within the subdivision. After discussion by several commission members concerning street access, particularly to Lake Avenue, Bob Carpenter made a motion to approve the preliminary plat subject to staff placing restrictions on further development regardless of ownership until sewer S2Y'V is provided; secondly, that circular or dual access driveways be constructed with the driveway behind the public right-of-way, in order to provide safe access to Lake Avenue for ±�":° SE.'�. � Ot3 1^ Lit�AS± 1 O.^.; - �u11C� t�71� '� 1 �f � t.}1dt. f �/a 1 1 i V�.:° SC}:00 � 4 .• � , District be allowed ta examine the plat �nd providz in��t befare . final plat preparation. Dennis confirmed that he will send the plat to Vallivue immediately tor their input. The motion added the three conditions to the terms and conditions already agreed to by the applicant. Tom Ensley seconded the motion and it was approved unanimously. The next item on the agenda was a Report on City Council action. Dennis advised the Commission that Council had approved the budget for next year which included the addition of a new half— time position of Code Enrorcement Officer. The next item discussion the Initiation of a Code Amendment regarding placement of a second residential unit on original parcels of land two or more acres in size. The Commission agreed to consider this item at their next meeting. The next item involvad discussion concerning a pre—commission meeting in the Conference Room prior to Meetings to enable commission mernbers to discuss procedure and receive new information. The meeting would be open to the public but would not receive any public input. The Commission agreed with this request on a trial basis and set the rollowing meeting on September 19, with a pre—agenda meeting at 7:00 p.m. and the regular Commission meeting at 7:15 p.m. . Regarding the tentative agenda for the September 19 meeting, Dennis said so far there would be two hearinQS: a) review annexation of airport properties, comprehensive plan and zone classification of those properties; b) the Code amendment and companion special use permit involving property at 3221 South Indiana; cj speciai use permit for the conversion or a retail/commercial complex to a motel use involving property on Cleveland Blvd. south of Indiana �venue. With no further discussion, the meeting was ad�ourned �t 9:45 p.m. Respectfully submitted Liz Yeary, Recording Secretary Approved by, Chuck Randolph, Chairman 5