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HomeMy WebLinkAbout8-20-1992 P&Z MINUTES , � CITY OF CALDWELL PLANNING AND ZONING COMMISSION MINUTES — August 20, 1992 COMNIISSION PRFSENT: ABSENT: STAFF PRESENT: APPROVED: Chairman Chuck Randolph, Wanda Mary Higdem, Rick Wells Jim Blizzard, Liz Anthony, Rita Earl, Tom Ensley, Carlos Yeary, Ralph Ferreira, Phil Frye Gamboa ITEM ACTION/FOLLOW-UP 1. Pre-Agenda: City Council Conference Room 7:00 p.m. General discussion took place concerning agenda items. 2.& 3. Roll Call/Minutes: A. Approval of the minutes from the July Approved: Planning & Zoning Commission Min- 16, 1992 Commission meeting. utes of July 16, 1992, subject to noted amend- ments. Commissioner Earl noted that on page 10 of the minutes the passage should read that Teri Ottens reported that Balthazar Garza had indi- cated support of the Bushnell Community Gym- nasium project but that he was unable to testify as he was due to report to the Police Depart- ment for duty. Minutes were amended. A motion was made by Rita Earl and seconded by Carlos Ferreira to adopt the minutes as amended and unanimously passed. 4. Public Hearings 4A. Case No. 92-SUP-20 Request for Special Use Permit allowing appli- cant to exceed the maximum 15' pernutted height for an accessory building in a R-1 zoning district. 1 � ITEM ACTION/FOLLOW-UP Mr. Blizzard gave the background to the re- quest. He explained that the applicants had approached their neighbors seeking approval and all had signed their petition. No-one spoke in opposition to the request. After a short discussion Carlos Ferreira voted to APPROVED: Motion to approve the Special Use approve the request. Wanda Anthony seconded Pernut. the motion. The vote was unanimous. 4B. Case No. 92-V-05 Request for Variance to encroach 20' into 20' front and side minimum setbacks and 12' into 20' rear minimum setback, applicant: Bob Hibbard. Mr. Blizzard gave the background to the re- quest. He explained that Commissioner Ferreira had spoken with staff concerning the required density and the apparent conflict this request would have with that. Staff contacted the appli- cant three days prior to the hearing with this information. The Director pointed out to the Commission that to pernut an eight family dwelling at this location would require a Special Use Permit but that the Commission could approve the Variance based on the requirements for setbacks and relevant variance criteria. Due to legal require- ments, the applicant would be unable to apply for the Special Use Pernut until the September hearing. Mr. Hibbard testified on his own behalf, point- ing out the project's enhancement to the area, the proximity of the property to the back of a supermarket, and the lack of opposition from the neighborhood. He further commented that the majority of the trees were dead or dying and that trees that are healthy would be retained where possible. The Director suggested omit- ting the reference in the staff report to retaining trees and rephrasing to refer to trees being re- tained in the city right-of-way. 2 ITEM ACTION/FOLLOW-UP In response to a question from Commissioner Earl, the applicant replied that the project would be designed as a rental unit for small family units such as newlyweds or older cou- ples. Mr. Frye felt there should be fencing or solid landscaping between the alley and the parking area. Commissioner Ferreira expressed opposition based on the fact that the density of the project is in conflict with the Comprehensive Plan af- fecting the quality of life of this neighborhood. After further discussion, Rita Earl made a mo- APPROVED: Motion to approve Variance subject tion to approve the variance, based on finding to following terms and conditions: that a five-plex could be built, but that the ap- plicant would have to come back to the Com- 1. Prior to construction the owner shall mission for a Special Use Pernut to exceed the secure a valid building pernut which is in density allowed, and subject to amended condi- substantial conformance with Exhibits I tions outlined in the Staff Report. Tom Ensley and II of this report. Applicant is limited seconded the motion. to construction of five units unless other- wise authorized by Special Use Permit. Rita Earl, Tom Ensley and Phil Frye voted in favor of the motion. 2. Prior to issuance of a Certificate of Occu- pancy the owner shall replace deteriorat- Carlos Ferreira voted against the Motion based ed sections of sidewalk adjacent to the on finding that the Variance was in conflict with property as directed by the City the Comprehensive Plan and would have a nega- Enginee�'s office. � tive effect on the quality of life of the neighbor- ' hood. 3. Prior to issuance of a Certificate of Occu- pancy the owner shall install a solid 6' Wanda Anthony abstained from voting citing a high fence between the subject properry possible conflict of interest. and the existing residential property north of this lot. 4. E�risting trees within the public right-of- way shall be retained unless otherwise authorized by the City Forester. 4C. Case No.92-CPA-04, 92-ZC-05, 92-SUP-19. Comprehensive Plan Amendment, Zone Change and Special Use Pernut concerning properry at 3202 Cleveland. Applicant, Dick Phillips. 3 TTEM ACTION/FOLLOW-UP The Director gave the background to the request reminding Commissioners of the earlier applica- tion concerning this same property. Commissioner Earl questioned whether Mr. Lasher and Mr. Phillips would cooperate on the required street improvements. Mr. Phillips addressed the Commission stating he was resubmitting the application, with a Comprehensive Plan Amendment request since this was the route he had been asked to follow. He further stated that the Lasher development to the south serves as an adequate buffer be- tween residential and commercial activity. In response to a question from Commissioner Anthony, Mr. Phillips stated that he would abide by the Conditions outlined in the Staff Report. Commissioner Ferreira raised the question of car sales on the lot and suggested the pernutted number be raised to eight (8). The Commission were reminded that auto sales are a permitted use in the C-3 zone. Regarding landscaping, the Staff Report refers to landscaping on Florida when in fact the present landscaping is on Locust, and the conditions would be amended to reflect that amendment. Commissioner Earl stated that she was opposed to rezoning a R-3 parcel when there is a short- age of R-3 developable land in the City. She also asserted that mini-storages should be re- garded as less of a commercial use and more of a residential use. The applicant responded that he does not regard mini-storages as a residential use, but that he has already waited six months and would like to proceed with the project. He further stated that with improvements it would not be economically viable to change the use from its present storage use to any other. 4 ITEM ACTION/FOLLOW-UP Commissioner Earl raised the question of haz- ardous materials and other types of storage. The applicant responded that all renters sign a lease which includes use restrictions and there is also a resident manager who keeps a close watch on storage. With some further discussion, Commissioner APPROVED: Motion to forward recommendarion Ferreira made a motion to forward the Com- of approval to City Council for Comprehensive prehensive Plan Map Amendment to City Plan Map amendment. Council with a recommendation for approval based on finding that the plan amendment is warranted because: 1. new economic factors such as the estab- lishment of new major industry in the area; and 2. changes in zone boundaries which meet Plan objectives are proposed; 3. the proposal is in conformance with the basic purpose and spirit of the plan; con- tributes to the common welfare and not simply a furtherance of private individual or group interests; and is based upon adequate study of the full implication of the change and after a public hearing. Phil Frye seconded the Motion. Rita Earl op- posed the motion based on finding that the Commission is taking away the only developable ' R-3 property in the City. All other Commission- ers voted in favor of the Motion. Carlos Ferreira then made a motion to forward APPROVED: Motion to forward the rezone ap- the application to rezone the parcel from R-3 to plication to City Council for approval. C-3 to City Council with a recommendation of approval based on finding that this zoning map amendment is required for public convenience, necessity or general welfare and that the request responds to the public demand for storage and the need for the expansion of the existing busi- ness to provide that sexvice. 5 ITEM ACTION/FOLLOW-UP Phil Frye seconded the motion. Rita Earl op- APPROVED: Special Use Permit to expand sto- posed the motion based on finding that the rage facility subject to the following terms and Commission is taking away the only developable conditions: zoned R-3 property in the City. All other Com- missioners voted in favor of the Motion. 1. The approval of this pernut is not valid until the City Council has amended the Rita Earl then made a Motion to approve the Land Use Map component of the Compre- Special Use Pernut subject to amended terms hensive Plan to designate this property and conditions based on finding that the pro- for framing and service commercial land posed use is consistent with the Comprehensive use. Plan; it will not cause any damage, hazard, nuisance or other detriment to persons or prop- 2. The approval of this pernut is not valid erty in the vicinity; and the use conforms to the until the City Council has amended the purpose and requirements of the city zoning Zoning Map to designate this property to ordinance. Carlos Ferreira seconded the motion be within the C-3 (sexvice commercial) which passed unanimously. Phil Frye comment- district. ed that he felt the Commission could not restrict the sale of vehicles since that is a pernutted use in a C-3 zone. 3. Prior to construction the owner shall obtain a valid building permit for the structure proposed by Exhibit I of stafPs report to the Commission. 4. Prior to issuance of a certificate of occu- pancy, provisions for fire equipment ac- cess and water flow will be completed and approved by the Caldwell Fire De- partment. 5. Sight-obscuring fence and 15' landscap- ing berm including low shrubbery and trees, complementing that which exists along Locust Street will be installed and maintained prior to issuance of a certifi- cate of occupancy. 6. Any outside lighting systems will be de- signed and installed so that residential properry in the vicinity will not be sub- jected to excessive glare. 6 �M ACTION/FOLLOW-UP 7. Except for possible fire equipment access, no points of access will be installed ex- cept for Cleveland Boulevard. 8. A minimum 25' setback from the nearest properry line will be maintained by all structures. Vehicles and other materials or equipment may not be stored within the areas between this setback and the property line. 9. Street improvements, including curb, gutter, sidewalk and asphalt pavement (half street plus 7'/a') will be installed on the Florida Street right-of-way, abutting this business, between Cleveland Boule- vard and Cheny Street within six months from the issuance of a certificate of occu- pancy. 10. Street improvements, including curb, gutter, sidewalk and asphalt pavement (half street plus 7 ft) will be installed on the Cheny Street right-of-way, abut- ting this business within six months of � the issuance of a certificate of occupancy. The owner may enter into an agreement to participate in a local improvement district for the completion of Cherry Street road improvements as an alterna- tive to constructing these features within the specified six months. 11. No outside storage to be visible on any of the streets adjacent to the existing mobile home park; 12. Vehicle sale activities on the property shall be limited to a maximum of eight (8) cars and recreational vehicles. 13. A sidewalk will be provided on Cleveland between Florida and Locust. 7 TTEM ACTION/FOLLUW-UP 4D. Case No. 92-CA-03 Request to amend certain parts of Section 6-6 of the Caldwell Zoning Ordinance pertaining to mobile/manufactured home units. Applicant: City of Caldwell. The Director explained the background to the request stating that he had worked with the Building Inspector to revise the current stan- dards because mobile/manufactured home units constructed prior to 1976 were constructed without recognized "acceptable" standards. The Building Inspector also explained the pro- posed amendment requesting that the Commis- sion amend the suggested ordinance to pernut a 12' minimum width rather than 10' to conform with acceptable safety standards for ingress and egress. After general discussion, with no public testimo- APPROVED: Motion to forward request to City ny Tom Ensley made a motion to forward the Council with recommendation for approval. suggested Code Amendment to City Council with a recommendation for approval. Carlos Ferreira seconded the motion which passed unanimously. 5. NEW BUSINESS 5A. Appeal by Leslie Siegmann of Decision of Planning and Zoning Director re 1208 Arthur. Mr. Siegmann explained that he wished to rent a house at the back of his property, that he had already spent a$1,000 on renovating the build- ing and was frustrated by the decision of the Planning and Zoning Director to refuse pernus- sion on the grounds that the use was not a grandfathered non-confornung use. 8 ITEM ACTION/FOLLOW-UP Mr. Blizzard indicated on the map the location and drew a rough sketch of the site, indicating there is no street frontage, and the lot is not sufficiently big to split into two lots. Mr. Gamboa agreed that the house meets the definition of a residence. There was some discussion as to whether the Commission could override the grand-fathering clause. On discussion, it was decided that the only way to appeal this was to approach the City Council. After considerable further discussion, Carlos MOVED: That the Planning and Zoning Com- Ferreira moved that the members of the Plan- mission do not find reason to overturn the deci- ning and Zoning Commission do not find reason sion of the Planning and Zoning Director in the to overturn the decision of the Planning and matter of 1208'/2 Arthur. Zoning Director in the matter of 1208 Arthur. Wanda Anthony seconded the motion which passed unanimously. Mr. Siegmann was advised of his right to ap- proach City Council with a request in writing appealing the Director's decision. 5B. Resolution to initiate a Comprehensive Plan Amendment and Zone Change of an area bordered by 12th, Dearborn, 20th, � Grant, Logan and Oregon. The Director explained the background to the resolution, stating that the Historic Preservation Commission had made a recommendation to staff to research the area and subsequently initi- ate the resolution. Concern was expressed by the Commission that all properry owners of the subject properry be notified of the impending hearing. Carlos Ferreira moved and Tom Ensley seconded APPROVED: Motion to approve Resolution to a motion to approve the Resolution to initiate initiate Comprehensive Plan Amendment and said Comprehensive Plan amendment and zone Zone Change. change. The motion passed unanimously. 9 ITEM ACTION/FOLLOW-UP The Director reported on City Council action. 6. Jim outlined the possible items for the following meeting. Liz reported on the decision by Judge Doolittle reversing the Planning and Zon- ing and City Council decision re the Ann Faulconer Special Use Pernut. 7. ADJOURNMENT: With no further items the meeting was adjourned at 11.00 p.m. I 10 ,,, � Crit� IIf L�.l�mel�. � =� -�• 521 CEVE! AND BLVD. ,'-;�-'; ; C.aiuvVciL, iDAHO 836�?5 � �.' �fj '"cLE?HONE ;2081 455-3000 � FAX (208) 45b�3003 CdUNC1L MEMBERS Gr1RR_- �ANCO�S Counal Presioent MA70R E�INE CARPGNTER JAMES R. DAKAN CHUC}C i-!OUCNINS JOHN MURDOCH cmr a�x�c PLANNIlVG AND ZONIlVG COMMISSION JACK P.AY1riOND BETfY JO KELLER AGTION REPORT ADAM 'DANNY' OZUNA Meeting of August 20, 1992 WF-�REAS, the Planning and Zoning Commission on August 20, 1992, considered an application for a Comprehensive Plan Amendment, Zone Change and Special Use Permit to allow the expansion of an e:cisting storage/warehousing business. (Dick Phillips, applicant) yVI-i�1�F,AS the Planning and Zoning Conunission, after considering public testimony presented by interested persons and reviewing the particular facts and circumstances associated with the request voted to approve the special use permit to allow the storage expansion and to recommend approvai to Ciry Council of the Comprehensive Plan Amendment and Rezone request, subject to the following terms and conditions. 1. The approval of this permit is not valid until the City Council has amended the Land Use Map component of the Comprehensive Plan to designate this property for framing and service commercial land use; 2. The approval of this permit is not valid until the City Council has amended the Zoning Map to designate this property to be within the C-3 (service commercial) district; 3. Prior to construction the owner shall obtain a valid building permit for the structure proposed by Exhibit I of stafPs report to the Commission; 4. Prior to issuance of a cerrificate of occupancy, provisions for fire equipment access , and water flow will be completed and approved by the Caldwell Fire Department; S. Sight-obscuring fence and 15' landscaping berm including low shrubbery and trees, complementing that which exists along Locust Street will be installed and maintained prior to issuance of a certificate of occupancy; 6, Any outside lighting systems will be designed and installed so that residential properry in the vicinity will not be subjected to excessive glare; 7. Except for possible fire equipment access, no points of access will be installed except for Cleveland Boulevard; ATTACI3MENT g � ; ,. :.' 8. A minimum 25 foot setback from the nearest property line will be maintained by all sn Venicies and other mate.�ials or equipznent �nay not be stcred v�zthin the areas between t�`us setbac:�c and a prope.* line; 9. Street improvements, including curb, gutter, sidewalk and asphalt pavement(half street plus 7 1/2 feet) will be installed on the Florida Street right-of-way, abutting this business, between Cleveland Boulevard and Cherry Street within six months from the issuance of a certificate of occupancy; 10. Street improvements, including curb, gutter, sidewallc and asphalt pavement(half street plus 7 1/2 feet) will be installed on the Chexry Street right-of-way, abutring this business within six months of the issuance of a certificate of occupancy. The owner may enter into an agreement to participate in a local improvement district for the completion of Cherry Street road improvements as an alternative to constructing these features within the specified six months; 11. No outside storage to be visible on any of the s�eets adjacent to the existing mobile home park; 12. Vehicle sale activities on the property shall be limited to a maximum of eight (8) cars and recreational vehicles. 13. A sidewalk will be provided on Cleveland between Florida and Locust. FINDINGS OF FACT/CONQ.USIONS OF LAW: 1. An application for a Code Amendment, Zone Change and Special Use Permit was properly filed in accordance with the provisions of Section 6-4-4 of the Municipal Code. _. 2. The legal requirements were done in accordance with the procedures outlined in Section 6-4-4 (C) of the Municipal Code. Legal notice of the application and public hearing was published in the local newspaper. Adjacent property owners were notified of the request and public hearing and notice were posted on the presnises not less than one week prior to the public hearing. 3. A public hearing was conducted by the Planning and Zoning Commission in accordance with procedures contained within Section 6-4-5 (C) of the Municipal Code. 4. The Planning and Zoning Commission, in granting approval of the Special Use Permit, concluded that the proposed use is in conformance with the Comprehensive Plan and will not cause any damage, hazard, nuisance or other detriment to persons or properry in the vicinity. � I 1 The applicant is advised of his rignt to appeal the aecision of the Planning and Zoning Corinzission. Z'Vr�tte.*� nctic° of sLC� a.n appeal s�all be fi?ed with the City C1erk wir.hin �fte� (15) wer.king days after the dec�sion of the Planning and Zoning Commission. DATE OF APPROVAL : August 20, 1992 , � P epare� l�y, r; {� =���L�� � '' Blizzard, Director P4a,nrung and Zoning 3 r r � ` ^ •. ' T0: City of Caldwell FROM: Public Storage of Caldweil Dick Phillips The propased use is �he espansion of the present storage facility. Please consider the *allowing reasons for the zone change: 1. This parcel is surrounded by commercial on 2 sides. We are not establishing a new usaqe, jus� enlarging the present one. 2. Storage is very low t�ariic, low noise and is very clean and compat�ble in this neighborhood. 3. mhere is a need �or �ore sto�age, most of our sizes are full and we have a waiting Iist. 4. This facility creates no strain on utilities, police and fire protection or schooZs but paid S17.383 in oroaerty taxes ' to the city/county last year. Expansion would require no more services but create considerable more tax base. 5. The commercial zoning depth on the property to the East goes back even with our request and we are asking for less ' depth than is 2oned C-3 on the property to the West. See attached zoning map. i (���� � , ATTACIiMENT C