HomeMy WebLinkAbout12-17-1992 P&Z MINUTES +r
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PLANNING AND ZONING COMMISSION
MINUTES
Meeting of December 17, 1992
Present: Chairman Chuck Randolph, Rita Earl, Phil Frye, Mary Higdem.
Staff: Dennis Crooks and Liz Yeary
Absent: Wanda Anthony, Tom Ensley and I2ick Wells
A pre-agenda meeting was held at 7:00 p.m. when general agenda items were discussed.
At that time amendments were made to the previous minutes.
The regular meeting of the Planning and Zoning Commission was then called to order by
Chuck Randolph at 7:15 p.m. in the City Hall Council Chambers.
The amended Minutes of the Planning and Zoning Commission meeting of November 19,
1992 were approved as submitted.
The Action Reports were approved as written.
Chaixman Randolph explained the procedure for giving testimony.
The first public hearing was for a Special Use Permit to erect a sign in the required setback
area in an R-3 (High Density Residential) zoning district (1602 Arlington) applicant,
Stephen Chen; agent: Scott Pressman. Dennis Crooks gave the background to the request.
Dr. Pressman then spoke as agent for Dr. Chen, explaining that Dr. Chen's practice had
recently been taken over by Eye Associates Inc and they are now in the process of
expanding the practice and staff. When they had first attempted to find Dr. Chen's office
it proved difficult because the building is situated off the main thoroughfare. The practice
had therefore decided to erect a sign which would be visible from Logan Street to advertise
the facility. Dr. Pressman proposed that the sign be non-illuminated but would be large
enough at 32 square feet to enable the public to see the sign from the West Valley Medical
Center area.
Commissioner Earl commented that the R-3 zoning district was located close to the hospital
for such uses and that there should be no hardship to the neighbors. Commissioner Earl
made a motion to approve the placement of the sign subject to staffs recommended
conditions.
The motion is based on finding that the use is in conformance with the Comprehensive
Plan and will not adversely impact surroundi.ng properties. Mary Higdem seconded the
motion which passed unanimously.
The second public hearing was an application for a Special Use Permit to operate a
professional office in an R-3 (High Density Residential) zoning district at 1721 S.lOth
Avenue. (Applicant, Jack Swafford)
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The Director explained the nature of the request and that the residence was occupied as
a professional office without the Building Official having an opportunity to inspect the
premises with regard to the change of use. Also, the installed sign may be in the street
right-of-way, and handicapped accessibility should be addressed. These outstanding items
may warrant continuance of the item until a future date. He confirmed that he had
contacted the applicant about such a possibility.
Mr. Swafford, applicant, testified on his own behalf, saying that when he purchased the
property he was under the impression the zoning was commercial, not aware that Mr. Kaye
had obtained a Special Use Pernut for his accounting office at the location, which had
ultimately expired with the transfer of ownership. In between the two uses a daycare
center had been operated by his wife, Lisa Swafford. When he erected the sign for the use,
he assumed that the contractor had obtained all necessary pernuts. He had been advised
by the Building Official of the need to comply with ADA standards regarding handicapped
accessibility and asked the Commission to allow him time to fulfil the requirements.
The public hearing testimony portion was then closed. Commissioner Higdem offered a
motion to continue the application at the January 21 meeting of the Commission so that
the five areas of concern addressed in the Staff Report may be dealt with. Rita Earl
seconded the motion which passed unanimously.
The Commission then moved to the Miscellaneous items on the agenda. The first item was
a Preliminary Plat of a Subdivision of the Mausoleum Building No.1 at Canyon Hill
Cemetery according to regulations set down in Idaho Code. Mary Higdem offered a motion
to approve the preliminary plat subject to the recommended terms and conditions.
Conunissioner Earl seconded the motion which passed unanimously.
The next item for discussion was Handicapped Accessibility Design Standards. Dennis
Crooks advised the Comtnission that the City of Caldwell has adopted the ADA national
standards which includes a table which specifies the number of spaces required. Dennis
further indicated that any potential accessibility problems associated with requests before
the Commission would be identified to the Commission.
Accessible features have to be provided to an existing building if the use changes or
alterations are made to the main purpose or function of the building. The ADA standards
do recognize the difficulties of retrofitting some buildings.
The Commission then discussed a proposal to amend the Zoning Ordinance with regard to
Development Agreements. The State Local Planning Act was amended in 1991 to allow
local communities to adopt an ordinance that would allow them to enter into development
agreements with developers, in particular with zone change requests that were viewed as
somewhat controversial. Under the proposed legislation, developers could commit
themselves to a specific use on the property in exchange for getting the zoning they desire.
In 1991 the Planning and Zoning Commission directed staff to take a look at the
proposition. Nampa has enacted an ordinance and Canyon County is in the process of
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adopting a similar ordinance. Commissioner Frye offered a motion to direct staff to
prepare a Development Agreement Ordinance. Rita Earl seconded the motion which passed
unanimously.
The Director then advised the Commission of items acted on by Council. It was suggested
that staff might contact child care providers not currently in compliance with the Code and
remind them of the grace period (June 1, 1993) in which to file applications with the City.
Following this, Mr. Crooks outlined the tentative agenda for January 1993 and other items
which should be scheduled for discussion and/or action in upcoming months. Some of
these items include:
. Special Use Pernut application for a Security Trailer;
. Swafford Special Use Permit Continuation;
. Annexation of City property north of Whittenberger Park, and Zone and Comp. Plan
Designation;
. Code Amendment for Development Agreements;
. Annexation of approximately 68 acres at Beech and Airport, and Zone and Comp.
Plan Designation; Manchester Park Preliminary Plat;
. Cleveland/Main Land Use Study;
. the Canyon Hill Area Land Use Study;
. lOth/Kimball Dearborn/Fairview Golf Course Land Use Study;
. Caldwell Bus Co., potential annexation and Special Use Pernut for facility expansion;
. College of Idaho Fine Arts Building;
. Enclave annexations;
. Comprehensive Plan Parks and Recreation Component;
. Area of Impact Negotiarions with Canyon County;
. School Facilities Comprehensive Plan Component
He asked the Commission to consider a second meeting at the beginning of February to
accommodate the heavy schedule.
There was discussion over a proposed annexation and ultimately subdivision site which is
located on a projected school site. The Director explained that the School District was one
of the parties invited to a pre-application meeting. The Commission felt that for this
subdivision the presence of a representative from the Engineering Department should be
requested to answer some technical questions with regard to sewer and water provision.
Chairman Randolph then officially welcomed the Director to the City and Commission.
Dennis Crooks advised the Commission that there would be a special presentation to Chuck
Randolph in appreciation for his service on Monday, December 21.
There was no other business and the meeting was adjourned at 8:30.
Recording Secretary, Chairman,
Liz Yeary
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