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Home My WebLink About8-27-1992 P&Z MINUTES � �` • • I R i rE I ! + � I CITY OF CALDWELL PLANNING AND ZONING COMMISSION MINUTES — August 27, 1992 CONIlVIISSION PRFSENT: ABSENT: STAFF PRFSENT: APPROVED: Chairman Chuck Randolph, Wanda Anthony, Mary Higdem, Jim Blizzard, Liz Rita Earl, Tom Ensley, Cazlos Ferreira, Phil Yeary Frye, Rick Wells ITEM ACTION/FOLLOW-UP 1. Pre-A,genda: City Council Conference Room 7:00 p.m. General discussion took place concerning agenda items. 2. Roll Call/Minutes: � A. The minutes from the August 20, 1992 Commission meeting will be acted on at the September 17 meeting. 3A. Case No. 92-CPA-06 Application to amend the Comprehensive Plan Map and the Comprehensive Plan specifically relating to the Land Use component. Applicant, City of Caldwell. Mr. Blizzard gave the background to the re- quest, recognizing the subcommittee for their time and effort in working on this issue. Dick Winder spoke as one of the members of the subcommittee, commenting on the final draft and itemizing some of the decisions made with which he personally disagreed. He did, howev- er, state that the document was an improvement on the previous Plan. 1 I ITEM ACT'ION/FOLLOW-UP Carlos Ferreira agreed with Mr. Windei's com- ments concerning the second paragraph on page 11 and the Commission suggested that Mr. Winder and Mr. Von Dach, a committee member who was in favor of the subject paragraph, meet and agree on an acceptable format, prior to the next meeting. Other comments made by Commissioners were as follows: Page 14, item 2- include the word "residential" after "institutional"; item 5- should read ".... implemented , with the cooperation and participation of �� business people, property owners and ', other segments of the community." ! Page 19, Wanda Anthony questioned the produc- tivity of limiting tracts to 5 acres but the Director emphasized that this was nego- tiable and would be a starting point to discuss impact area agreements with � Canyon County. Page 3, item 9- Commissioner Wells felt this statement could be a detriment to invest- ment in the community. Commissioner Earl commented on the small par- ticipation by the general public. Commissioner Ferreira cited the Community Profile segment, questioning the inclusion of the chart on Plants and Rnimals of Special Concern. There was a general consensus to reduce the size of the table to make it less prominent, with some introductory wording as to the reasoning for its inclusion. 2 i. . ITEM ACTION/FOLLOW-UP Commissioner Ensley felt it was an excellent APPROVED: Motion to forward document to document. Commissioner Feneira made a mo- Ciry Council for approval after final review at tion to approve the document subject to final the Planning and Zoning meeting on September review on September 17 prior to its being heard 17. at Council on September 21. Wanda Anthony seconded the motion, which passed unanimous- ly. Chuck Randolph concluded the discussion in thanking the Subcommittee for their work. 3B. Case No. 92-SUP-20 Special Use Pernut application to allow the op- eration of a beauty salon in an R-2 zoning dis- trict. Judi Gardea, applicant. After the Directo�'s introduction Ms. Gardea explained her request, stating that she intends the business to be a one-chair beauty salon. There is additional parking area between her driveway and the neighboring property line which provides her with at least 3 more spaces. In response to a question from Commissioner Earl, the applicant stated that she did not plan any signage and would be licensed by the Occu- pational License Bureau. Hours of operation will be from 8.00 a.m. to 5.00 p.m. Tuesday through Saturday, with Saturday being a half day. Waste products will be retained in appro- priate containers in the closed garage until dis- posal. Commissioner Earl stated that she is opposed to commercial uses in residential areas, since com- mercial uses in commercial areas pay commer- cial taxes and we need to protect our single 'I family areas. Commissioner Frye agreed with those comments, adding that we also need to protect our commercial district. Commissioner Ensley stated that this is a special use according to the land use schedule and thus permitted under that criteria. Commissioner � Ferreira agreed with that statement citing previ- ous approvals of such establishments and the need to be consistent. 3 rr� AcrioN�or�.ow-Lrn Commissioner Ferreira made a motion, finding APPROVED: Special Use Permit to operate a that the proposed special use will not result in one-chair beauty salon in an R-2 district subject damage, detriment or hazard to other persons or to the following terms and conditions: properry in the vicinity, to approve the Special Use Permit to operate a one-chair beauty salon a. The commercial use of the properry is in a R-2 zoning district with amended terms and limited to the operation of a one-chair conditions. Wanda Anthony seconded the mo- beauty shop serving not more than two tion, stating that the use is pernutted by the customers at one time. Land Use Schedule. Rita Earl opposed the Motion stating that the b. Any signs advertising the commercial use nature of the area is single family and feels shall conform to the standards set forth strongly that commercial endeavors should be by Section 6-2-1 of the Caldwell Munici- � kept in commercial areas. Commissioners An- pal Code. thony, Ensley, Frye, and Wells approved the motion. c. The Special Use Permit is not transfer- able from one person to another or from 3C. Case No.92-CPA-05 and 92-ZC-06 one property to another. Amendment of Comprehensive Plan from Medi- um Density Residential to High Density Resi- dential and a zone change from R-2 to R-3. Jim Blizzard explained the background to the � application and Mr. Hardy's proposed use of the property. Lynn Hardy, applicant, then testified exhibiting a rendering of the proposed use as mulri-family housing. He explained that his objective is to address a housing shortage in Caldwell and that on surveying the neighborhood finds that the area is predominantly multi-family dwellings. In response to a question from Commissioner Anthony, the applicant guessed the building to be about 27' high to the peak, a little higher than that in the rear. 4 ITEM AG'I'ION/FOLLOW-UP There was no testimony in opposirion to the request. Commissioner Ferreira, while abstaining from voting, asserted that he had also carried out a survey and found the area to be surrounded by multi-family dwellings or dilapidated single family residences and that staff might do well to look at the whole neighborhood and consider rezoning up to the College. Commissioner Earl commented that the properry is adjacent to R-3 property and felt that the change would not adversely affect the surround- ing area. Commissioner Ensley agreed with this. Commissioner Ensley made a motion to forward the application to City Council with a recom- mendation for approval. Wanda Anthony sec- onded the motion which passed unanimously. �; Carlos Ferreira abstained from voting due to potential conflict of interest. Commissioner Earl commented that this change is in compliance ' with the Comprehensive Plan and is meeting a � need for high density residential housing in the City of Caldwell. 3D. Case No. 92-CA-01 Application to consider an amendment revising certain parts of the Caldwell Zoning Ordinance regulating child care facilities. The Director gave the background to the appli- cation referring to the previous hearings on the issue. In response to a question from Commis- sioner Anthony, the Director clarified the mean- ing of "grandfathered rights" i.e. that a legal non-conforming use that existed prior to current legislation would be considered "grandfathered". Illegal uses could become legal and "grandfa- thered" if a day care provider were to obtain necessary permits prior to legislation becoming effective. � 5 rr� Acriort/FOr�.ow-uP The only person to give testimony in opposition was Cassandra Crowell, who stated that small family daycare centers are not economically viable for the operator and this legislation will rule out the medium sized facilities in the school zones, which will mean children having to travel further for care. Ms. Crowell also asserted that crime in residen- tial areas is much lower than in other zoning districts. She expressed concern that more chil- dren will be left to their own devices rather than a parent paying extra to fund higher priced day cares. Ms. Crowell asked the Commission to deny pas- sage of the Ordinance claiming it would be an injustice to children, parents and child care providers. She further stated that a six foot solid fence goes contrary to �crime studies which , show less fencing means less crime. ' i There was no further public testimony. Tom Ensley felt that # 12 should be deleted since family day care homes are not controlled. Rita Earl felt that with the predominance of R-1 zones, group day care facilities should be per- mitted under Special Use Pernut, with the stan- dards outlined in the proposed ordinance, until existing R-1 zoning districts are evaluated and where deemed applicalile rezoned. Commission- er Ferreira disagreed stating that the integrity of R-1 zoning districts has to be protected. With the effective date to be June 1993 operators have the opportuniry to obtain legal permits. 6 . , ITEM ACTION/FOLLOW-UP Rick Wells referred to item #10 citing safety of children at play. He was concerned about re- stricting daycare facilities from a R-1 and was not aware of problems. Commissioner Anthony, however, cited several instances of complaints being brought before the Commission. Commissioners Earl asked if Council found any of the proposed code objectionable they would at least approve the standards so that the Com- mission have something to work with. The Director encouraged all Commissioners to attend the Council meeting. The question of appropriate zoning was brought up several times. The Director pointed out that to rezone an area for a particular use would be ' ', considered spot zoning and a poor planning , tool. However, Staff would begin working on assessing various areas of the City and the appli- cability of zoning in relation to current land use. Carlos Ferreira then moved and Tom Ensley APPROVED: Motion to forward proposed Code seconded a motion to forward to Ciry Council Amendment to City Council with recommenda- with a recommendadon for approval the pro- tion for approval. posed Code Amendment on Child Care Facilities with the deletion of item #12 and a June 1, 1993, date for completion of action on Special Use Permits with the understanding that there is a grandfather clause and with an understanding among ourselves that we are intent upon a neighborhood study for the R-1 zone evaluation. The Motion pssed unanimously. Commissioner Ferreira asked that we stress to City Council that zoning will be addressed by the Commission in a timely manner. 4A. Report on City Council Action The Director had nothing to report. , 7 , � . ...• • s � Acriorr�or�ow-uP 4B. The Director outlined the tentative agen- da for the meeting in September. The Commission suggested a work session later in the year with City Council members and the Director agreed to try and arrange something and report back to the Commission. 5. ADJOURNMENT: With no further items the meeting was adjourned. � � 8 � .� � ��t}� o� C2�.��t.� - � y j , 621 CLEVELAND BLVD. CALDWELL, IDAHO 83605 - _,� TELEPHONE (2081 455-3000 FAX (208) 455-300.3 COUNCIL MEMBERS GARRET NANCOLAS Council President NIAYOR ELAINE CARPENTER JAMES R. DAKAN CHUCK HOUCHINS JOHN MURDOCH CITY CLERK PLANNING AND ZONING COMMISSION JACK RAYMOND BETfY JO KELIER AGTION REPORT ADAM "DANNY" OZUNA Meeting of August 27, 1992 WHCREAS, the Planning and Zoning Commission on August 27, 1992, considered an application for a special use pernut to allow the operation of a beauty salon at 2816 Polaris (Judi Gardea, applicant.) WHEREAS the Planning and Zoning Commission, after considering public testimony presented Uy interested persons and reviewing the particular facts and circumstances associated with the request voted to approve the special use permit to allow the operation, subject to the following terms and conditions: a. The commercial use of the property is limited to the operation of a one-chair beauty shop serving not more than two customers at one time. b. Any signs advertising the commercial use shall conform to the standards set forth by Section 6-2-1 of the Caldwell Municipal Code. c. The Special Use Permit is not transferable from one person to another or from one property to another. d. The Special Use Pernut is granted contingent on applicant obtaining all necessary state licenses. e. Disposal of waste resulting from the operation must be contained in an appropriate, safe, disposal container. FINDINGS OF FAGT/CONCLUSIONS OF LAW: 1. An application for a 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 Special Use Pernut application and public hearing was published in the local newspaper. Adjacent property owners were notified of the Special Use Permit request and public hearing and notice were posted on the premises not less than one week prior to the public hearing. 1 ' and natice were posted on the premises 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. There was no opposing testimony to the request. 5. 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 property in the vicinity. The applicant is advised of her right to appeal the decision of the Planning and Zoning Commission. Written notice of such an appeal shall be filed with the City Clerk within fifteen (15) working days after the decision of the Planning and Zoning Commission. DATE OF APPROVAL : August 27, 1992 Prepared by, �'�` U Jim Blizzard, Director Planning and Zoning City of Caldwell 2 � . Y C�zt� n� C��t��el� 621 CLEVELAND BLVD. + CALDWELL, �DAHO 83605 C "_ , �-�..-� TELEPHONE (�08) 455-3000 FAX (208) 455-3003 COUNCIL MEMBERS GARRET NANCOLAS Council President NUIYOR ELAINE CARPENTER JAMES R. DAKAN CHUCK HOUCHINS JOHN MURDOCH CITY CLERK JACK RAYMOND a�r�r �o KEUeR pLA1VNING AND ZONING COMMISSION ADAM "DANNY" OZUNA AGTION REPORT Meeting of August 27, 1992 WHEREAS, the Planning and Zoning Commission on August 27, 1992, considered an application for a comprehensive plan amendment and zone change for property located at 2420 Indiana. Lynn Hardy, applicant.) WHGItEA.S the Planning and Zoning Commission, after considering public testimony presented by interested persons and reviewing the particular facts and circumstances associated with the request voted to recommend approval to the City Council. FINDINGS OF FAGT/CONCLUSIONS OF LAW: 1. An application for a Comprehensive Plan Map Amendment and Zone Change 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 premises 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. There was no opposing testimony to the request. 5. The Planning and Zoning Commission, in granting approval of the request, concluded that this request is in conformance with the Comprehensive plan; and that the full implications of the change have been considered and is necessary for public convenience and welfare. 1 The applicant is advised of his right to appeal the decision of the Planning and Zoning Commission. Written notice of such an appeal shall be filed with the City Clerk within fifteen (15) working days after the decision of the Planning and Zoning Commission. DATE OF APPROVAL : August 27, 1992 Prepared by, � ��12�� Jim Blizzard, Director Planning and Zoning City of Caldwell 2 � C�xt� �� (��t�.d�el� , � , 621 CLEVELAND BLVD. CALDWELL, IDAHO 83605 - --' TELEPHONE (208) 455-3000 FAX (208) 455-3003 COUNCIL MEMBERS GARRET NANCOIAS Council President NIAYOR ELAINE CARPENTER JAMES R. DAKAN CHUCK HOUCHINS JOHN MURDOCH CITY CLERK JACK RAYMOND BETTY JO KEIIER ADAM "DANNY" OZUNA PLANNING AND ZONING COMMISSION ACTION REPORT Meet�g of August 27, 1992 WHERF�IS, the Planning and Zoning Commission on August 27, 1992, considered an application for an amendment to the Caldwell Zoning Ordinance specifically relating to child care facilities: (City of Caldwell, applicant.) WHEI2F�1.S the Planning and Zoning Commission, after considering public testimony presented by interested persons and reviewing the particular facts and circumstances associated with the request voted to recommend approval to the City Council. FINDINGS OF FAC'I'/CONCLUSIONS OF LAW: 1. An application for a Code Amendment 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. 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. One person testified opposing the request. S. T'he Planning and Zoning Commission, in granting approval of the request concluded that: a) the request is in conformance with the comprehensive plan; b) the request is required for public convenience, necessity and general welfare. 1 . + DATE OF APPROVAL : August 27, 1992 Prepared by, Jim Blizzard, ' ctor Planning and Zoning 2 �• � - C�it� v� (��.��mel� 621 CLEVELAND BWD. "- CALDWELL, IDAHO 63605 — ' , ! TELEPHONE f2081 455-3000 FAX (208) 455-3003 COUNCIL MEMBERS GARRET NANCOLAS Counal President �Y�R ELAINE CARPENTER JAMES R. DAKAN CHUCK HOUCHINS JOHN MURDOCH CITY CLERK JACK RAYMOND BETTY JO KEILER ADAM "DANNY" OZUNA PLANNING AND ZONING COMMISSION ACI'ION REPORT Meeting of August 27, 1992 WHEREAS, the Planning and Zoning Commission on August 27, 1992, considered an application for a comprehensive plan amendment specifically relating to the Land Use component. City of Caldwell, applicant.) WHEREAS the Planning and Zoning Commission, after considering public testimony presented Uy interested persons and reviewing the particular facts and circumstances associated with the request voted to recommend approval to the City Council, subject to final review of the Planning and Zoning Commission at its meeting on September 17. FINDINGS OF FACT/CONCLUSIONS OF LAW 1. An application for a Comprehensive Plan Amendment 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. 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. There was no opposing testimony to the request. I The applicant is advised of his right to appeal the decision of the Planning and Zoning Commission. Written notice of such an appeal shall be �led with the City Clerk within fifteen (15) working days after the decision of the Planning and Zoning Commission. DATE OF APPROVAL : August 27, 1992 Prepared by, Jim Blizzard, ctor Planning and Zoning 1