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HomeMy WebLinkAbout2-18-1993 P&Z MINUTES • � t PLANNING AND ZONIIVG COMMISSION MINUTES Meeting of February 18, 1993 Present: Wanda Anthony, Rita Earl, Phil Frye, Mary Higdem, Terry McConnell and Rick Wells. Staff Dennis Crooks and Liz Yeary Absent: Tom Ensley ; A pre-agenda meeting was held at 7:00 p.m. where general agenda items were discussed I' �� and it was agreed to hear items B and C for the transportation company concurrently but item D would be heard separately. The regular meeting of the Planning and Zoning Commission was then called to order by Mary Higdem, �ce Chair, at 7:15 p.m. in the City Hall Council Chambers. The Minutes of the Planning and Zoning Commission meeting of January 21, 1993 were approved as submitted with correction of a typographical error. The meeting then proceeded to the public hearing portion of the agenda. Chair Higdem explained the purpose of hearings and the procedure to be followed. The first item on the agenda was a Special Use Permit application to allow the construction of a fine arts facility expansion to Albertson College and related unprovements and to allow said building to exceed the 25 foot height limitation in the R-2 zoning district. Mary Higdem stated that she would not be speaking or voting since she is employed by the College. The Plaruiing and Zoning Director gave the background information to the request outlining areas of concern identified by staff, which were addressed in the Staff Report to the Commission. Tom Zabala, project architect, showed renderings of the proposed facility, the nature and use of the building and its location in relation to other buildings on campus. He explained that the building design is very sensitive to the neighborhood to the west, that the graduated variations in height will help to alleviate any appearance of dominance over other campus buildings. He noted that there will be a net increase of 22 parking spaces and he emphasized that the College will take a very aggressive stance in encouraging students to use the parking facilities existing on campus, and avoid as much as possible any parking on 20th Avenue. There are plans to expand parking behind Boone Hall and other areas of the campus. He agreed to provide landscaping in areas identified by staff, particularly in the trash receptacle area. There will be new walkways to replace those being displaced, new lighting and use of historic structures to enable the new facility to blend in with the campus. MINUTES P&Z 02/18/93 Page 1 Mr. Zabala then described the uses for the interior of the building. The building will not necessarily add students to the campus, but classes currently held in inadequate facilities will be brought under one roof. There will be some public audiences but do not foresee a parking increase because of the new facility. Terry McConnell expressed concern about parking on 20th Avenue and Mr. Zabala stressed the College's intention to enforce parldng on campus. The applicant suggested a meeting with the Traffic Commission to discuss li.miting parking on 20th Avenue. Phil Frye asked what effect public event parking would have on the residential streets. Mr. Zabala identified all the parking available on campus. He agreed that there is a natural tendency for people to park on side streets but the College is prepared to do anything possible to encourage parking on campus. The applicant stated that in an effort to work with the neighborhood, everyone owning properry within 300 feet had been invited to a public meeting, which 8-12 people had attended. No concerns were expressed about parking in the neighborhood. Mr. Zabala complimented staff on their work with the College to achieve harmony with the neighborhood. In response to a quesrion from Rita Earl regarding condition #2, Dennis Crooks advised '� that if there were no major changes in the surrounding area, then staff could review the I, pernut. If anything significant happened in the neighborhood then he would recommend I it be brought back to the Commission for review. In response to a quesrion from Wanda Anthony, Dennis explained the location of the loading dock and trash area, and the applicant has agreed to provide the extra screening and move the trash receptacle. Rick Wells commented that he had attended the public meeting held by the College and had also talked with neighbors concerning the new facility stating that he had received no adverse criticism. He complimented the architect on his work and felt the facility would be an attractive addition to the campus. Phil Frye offered a motion to approve the Special Use Permit subject to recommended terms and conditions, with particular emphasis on Condition #4 concerning efforts by the College to restrict parking to campus. Terry McConnell seconded the motion which passed unanimously. Rita Earl commented that there will always be people who will park on a street and that the College has attempted to deal with this, and that the addition will be an attractive enhancement to the City. The second public hearing was a request by Caldwell Transportation Co. for a Comprehensive Plan Amendment and Zone Change in connecrion with a request for annexation for property located in the 3600 Block of S.lOth Avenue. MINUT'ES P&Z 07,/18/93 Page 2 There was discussion over the amount and placement of landscaping. Phil Frye felt that the building size created a unique situation. Rick Wells then offered a motion to approve the Variance subject to terms and conditions amended with regard to landscaping. Wanda Anthony seconded the motion. Phil Frye suggested amendin�g the motion to include language reflecting the uniqueness of the property. The amended motion to approve the Variance due to the unique size of the property subject to terms and conditions as amended, passed unanimously. The final public hearing was a proposed amendment to the Comprehensive Plan, defining and establishing the Area of City Impact and recommending approval of an Ordinance pertaining thereto. Dennis explained the process whereby the area had been defined, the role of the Land Use Committee and requested continuing the hearing to the March 4, 1993 Planning and Zoning Commission meeting. Rita Earl also commented on the involvement of the Land Use Committee and recommended that administrarive lot splits be added to the review process. After further discussion, Phil Frye offered a motion to continue the hearing to March 4, Wanda Anthony seconded the motion which passed unanimously. Under miscellaneous items Dennis reported on recent City Council action and outlined ', tentative agenda for the two meetings scheduled for March. ! Rita Earl referred to approval of a Special Use Permit for the Terrace Drive-In Theater in 1992 and requested the Pernut be review for compliance with terms and conditions. Dennis Crooks reported that he had requested Leroy Meyer of the Idaho Transportation Department (District III) to assign a representative to attend a meeting to discuss traffic volumes, patterns and other related items for the Cleveland/Blaine corridor. Dennis indicated that traffic flows and characteristics are important items to consider when making land use decisions. It was suggested by the Commission that a workshop might be held on Wednesday May 12, 1993, 3:30 p.m. to 5:00 p.m. when this might be scheduled. There was no other business and the meeting was adjourned at 11:30 p.m. � � � (,� � � � ���� Recording Secretary, Chairman, Liz Yeary � Tom Ensley I ! MINUTES P&Z 02/18/93 Page 8 b) South parking lot - two years firom date of issuance of Special Use Pernut, with a provision to allow annual administrative time extensions after the initial two year period, but not to exceed a total period of five years. 7. That a minimum 20' wide landscape area, including a rolling berm, shall be required along the Tenth Street frontage and shall be constructed in accordance with City standards. Ten feet of the frontage landscaping may be installed within the public right-of-way. A landscaping and irrigation plan shall be submitted for the review and approval of the Planning and Zoning Department and the Urban Forester. All landscaping improvements shall be completed prior to September 1, 1993. 8. Security lighting shall be required and shall consist of decorative type poles and fixtures designed to control glare and illumination spillover. Height of poles in the employee and public parking lots shall not exceed 25 feet. Existing 35' high poles immediately adjacent to the North properry line may remain and retain overhead utility service. Other light fixtures and poles which are 35 feet in height and which are to be relocated may retain use of the same pole, light fixture and be constructed to a 35 foot height. However, all utility services to those relocated poles shall be undergrounded. 9. That 84" fencing is pernutted as a waiver of the height requirement by this Special Use Pernut for the perimeter fencing. A 4' fence will be constructed along the 10th Avenue frontage behind the bernung. Fencing along the south property line will be reevaluated as part of the Phase II development review. 10. That the construction and use of property authorized by this Special Use Permit shall be contingent upon the properry being annexed to the City of Caldwell. 11. That all construction and improvements for Phase I shall be completed prior to any construction on Phase II. Wanda Anthony then offered a motion to approve the Special Use Pernut request subject to recommended terms and conditions, together with amendments and additions. Terry McConnell seconded the motion which was approved »nanimously. Rick Wells strongly advised the applicant to keep informed on environment drainage regulations in view of changing philosophies and requirements. The next public hearing was an application for a Variance to place a second freestanding sign on a street frontage and to allow the cumulative sign area to exceed permitted sign area for the Linden 3 Theaters at 2312 E. Linden. Dennis Crooks explained the background to the request. The applicant, Dave Cornwell, co- owner of Linden 3 Theaters, described the history of the sign and the reason for its removal from its present location. The sign is somewhat unique in that the support is constructed so that the sign may be raised and lowered automatically to enable the wording to be easily altered. MINUTES P&Z 02/18/93 Page 7 and approval of the City Engineer. The City Engineer, at his discretion, may require a detailed plan. b) That dedication of approximately 40 feet of right-of-way shall be required for the entire lOth Avenue frontage and also for the lOth Avenue frontage affecting the small parcel on the west side of this roadway. c) Street improvements shall be installed along the lOth Avenue frontage from the north properry line to south boundary of Phase I and are to be completed within two years of the date of issuance of the Special Use Permit and shall include the following: 1) street construction and paving for widened section; 2) curb and gutter; 3) a minimum 6 foot wide sidewalk section. A Local Improvement District (LID) is considered an appropriate mechanism for fulfilling these requirements. The applicant may seek an e�rtension of I I time for installation of street improvements, but only if an LID is in progress, I subject to the approval of the Planning and Zoning Director and the City � Engineer. I, d) Drive approaches shall be widened to a minimum of 30' and designed to accommodate simultaneous entering and exiting of buses. e) The developer shall, at the discretion of the City Engineer, pay the water mainline fee for the property to be annexed and developed. fl Dust control measures shall be applied to parking facilities at least on an annual basis subject to the review, approval and direction of the City Engineer. g) Provision for striped bicycle lane and appropriate signing. 5. That the existing off-site parking facilities on the west side of Tenth Avenue shall be abandoned upon completion of the new parking facilities. The existing light (pole and fixture) and wheel stops shall be dismantled and removed from the site within 30 days of completion of the new parking facilities. 6. That the Phase I development shall be improved with an all-weather surface (base material plus 3/4 inch road mix). The auto parking lots shall be paved, striped and improved in accordance with City standards and within the following time frame: a) North car parking lot - two years from date of issuance of Special Use Pernut; MINUTES P&Z 02/18/93 Page 6 . i � In response to a question from a neighbor, Mr. Lon Wolfe, Dennis Crooks explained the procedure for a LID. Mr. Wolfe asserted that he is not against the use, but that he does not want property owners taxes to fund the bus company's improvements. After further considerable discussion concerning LIDs, and parking, Phil Frye stated that he was very uncomfortable with the project, since he did not feel the applicant had provided adequate information concerning drainage issues, and since there was no representative from the Engineering Department in attendance, he suggested that the item might be tabled so that the Engineering Department could be present to assist in the process. Rita Earl agreed with this. Dennis responded that the recommended conditions should provide a safeguard without having to table this item. Detailed grading, drainage and paving plans are highly technical and are usually part of the plan check process. Wanda Anthony agreed, stating that Commissioners are not trained in interpreting an Engineering plan and that our conditions should reflect Engineering's need for input. Dennis added that the conditions should be thorough and complete enough to require the City Engineer to work with the applicant to make sure the project is constructed in accordance with applicable standards including EPA requirements. Phil Frye agreed with Dennis and suggested the Commission proceed. After detailed discussion concerning the conditions, Wanda Anthony offered a motion to approve the Special Use Pernut subject to the following amended and added conditions: 1. That the Special Use Permit is granted for the expansion of Caldwell Transportation Co. as depicted on submitted site plan labelled Exhibit "A" and subject to the following condirions. 2. That the permit is not transferable from one properry to another and must be reviewed annually if construction is not initiated within one year of the date of issuance of the Pemut. 3. That Phase II (south portion of the property) is approved in concept only. That prior to any development of Phase II, the matter shall be referred back to the Planning and Zoning Commission as a modification to the Special Use Pernut under a public hearing format. The Commission shall be afforded the opportunity to review a more specific development proposal and shall retain the ability to impose terms and conditions on that particular phase. 4. Engineering Department conditions shall include the following: a) On-site stormwater retention shall be provided so that the rate of runoff from the post development conditions do not exceed the rate of runofF from the pre-development conditions. Any runoff from the two year storm which is discharged to the surface or to an infiltration trench shall pass through a sand and grease separator. The developer shall obtain any necessary EPA permits. Grading, paving and drainage issues shall be subject to the review MINUTES P&Z 02/18/93 Page 5 In regard to street improvements, the applicant indicated he had spoken with Gene Enebo I �, of the City Engineering Department, and Gene had advised him of an intention to request an LID for S.lOth Avenue some time this year. The applicant requested that instead of the 24 month completion period he be permitted to install improvements under the proposed I,, LID. ' He asked for clarification of the Bike Lane/Signing requirement. Dennis explained that this was a requirement for affected City Departments, rather than the applicant, but is mentioned here to keep the item under notice. lOth Avenue is designated as a minor arterial with provision for a bike lane in the Cit�s Comprehensive Plan. Under "landscaping" the applicant plans to move the existing bus and employee parking away from the street frontage. With regard to Condition #4 concerning stormwater retention and runoff, Mr. Vertrees said he had discussed this with Gene Enebo and would like to use the City's expertise to come up with a drainage plan. Dennis suggested that normally it is the obligation of the applicant, not the City, to prepare a plan. However, this would be up to the discretion of the City Engineer. The intent is that there is to be some sort of review process between the applicant and the City Engineering Department to make sure the drainage is adequately addressed. Rita Earl commented that if changes are made to Engineering requirements, then they should be made to the satisfaction of the City Engineer. Concerning the requirements for the water mainline fee, the applicant requested that this be at the discretion of the City Engineering Department. After further discussion Dennis suggested that since this is an Engineering condition the language be reworded to reflect this intent. The applicant addressed further changes in the suggested conditions which are reflected in the final version of the conditions placed on the pernutted use. There was considerable discussion by the Commission over the conditions regarding fencing, landscaping, lighting, environmental issues, dust abatement, and paving. In response to a question from Commissioner Frye, Commissioner Wells asserted that it is very much in the interest of the transportation company to make long term drainage and containment plans, since legislation is becoming increasingly restrictive toward potenrial contamination issues. Tom Moore, Assistant Superintendent of Schools, then spoke regarding the need for expansion of the facility to serve the growth in school enrollment and school services, such as increased services for handicapped students. Susan Lehman, General Manager, spoke of the costs involved in serving the community and the need to keep them to a minimum. The expansion will permit buses to be moved away from the lOth Avenue frontage, and also pernut employees to park on the properry as opposed to having to cross a very busy street. MINUTES P&Z 02/18/93 Page 4 Dennis explained the nature of the request, reminding the Commission that the City Council receive a recommendation from the Commission prior to annexadon. Rick Vertrees, on behalf of the Company, described the history of the Company and its location. Tom Moore, Assistant Superintendent of Schools and Clerk to the Board of Trustees of the Caldwell School District, gave his support to the application, asserting the importance of this company to the School District, and its 50 year association in the community. He cited the fact that as a neighbor to the facility the city will benefit from improved landscaping and parking. Susan Lehman, General Manager of the company, then spoke, citing the need for extra services as the School District grows and the associated need for extra parking areas for employees. Lon Wolfe, a neighbor of the property, questioned whether there would be any impact on his property in terms of properry values with the annexation of the subject properry. He also questioned what the impact would be on the sewer system, since the sewer lines do not go out that far on 10th Avenue. Dennis agreed that city sewer is not yet available to the site and that the proposed expansion will not place any additional demand for a septic system or drain field. Projections indicate sewer line extension in this area will occur as a result of additional residential development to the south and east at some point in the future. Rita Earl asked Dennis what zoning would be appropriate if this were a completely new use. Dennis responded that since the use has been determined to be public/semi-public then the request is a special use in any zone. If the bus company use were abandoned or outgrow �its facilities, the land would be developable as R-1. Rita Earl then offered a motion to recommend approval of the Comprehensive Plan land use designation of low density residential to City Council, which Wanda Anthony seconded and which passed unanimously. Wanda Anthony offered a motion to recommend approval of a zone classification of R-1 (Single Family Residential) to City Council, which Rita Earl seconded and which passed unanimously. The next hearing was a Special Use Pernut request by the Caldwell Transportation Co. to expand their facility into the area requested for annexation. Dennis explained the nature of the request, stating that a significant portion of the business is public service oriented ! and would therefore be considered a public/semi-public use. Dennis then made some amendments to the Staff Report, involving geographical descriptions and some additions to the conditions. Rick Vertrees, on behalf of the bus company, went through the Staff Report and outlined some of his concerns with some of the proposed requirements. MWUTES P&Z 0?,/18/93 Page 3 MINUTES of the Planning and Zoning Commission Workshop, February 10, 1993 Present: Wanda Anthony, Rita Earl, Tom Ensley, Phil Frye, Mary Higdem, Terry McConnell, LeAnn Simmons Absent: Rick Wells Staff: Ed Christopher, Dennis Crooks, Liz Yeary Tom Ensley opened the meeting and asked Dennis Crooks to explain the reason for the workshop and items on the agenda. I. Special Use Permits and Variances Dennis went on to clarify the differences between a Variance and a Special Use Permit. A legitimate variance must be accompanied by a unique circumstance, whereas Special Use Permits, on the other hand, are essentially discretionary permits, and may or may not be appropriate depending on circumstances associated with the request, the property I� or surrounding properties. I In response to a question from Rita Earl, Dennis pointed out that a vast array of ' conditions may be imposed on Special Use Permits, such as street improvements, off-site public facilities, more restrictive development standards, in order to correlate the use with the surrounding pattern of development. However, variances may only have terms and conditions which mitigate the effect of the variance. Terms and conditions not related specifically to the variance request are not appropriate. Special Use Permit requests and Variance requests on the same property may be processed concurrently and heard on the same agenda. Variances do not involve the use of the property but rather a waiver of a technical requirement of the Code such as setbacks, lot size and building heights. II. Role of Planninq Staff Dennis emphasized that the Staff Report is just one item in the whole decision making process. Staff try to provide all information necessary to make an intelligent, informed decision. Commissioners should feel free to ask questions of staff, and to disagree with staff. Also Commissioners may have questions or comments about meeting structure. For example, when Bill Free was Commission Chairman he asked that Staff make a recommendation in the Staff Report but that that recommendation not be verbalized at the hearing as part of Staff's presentation, since it might influence the Commission or those giving testimony. P&Z WORKSHOP MINUTES 2/10/93 P.1 III. Role of Other Departments Wanda commented that she appreciates knowing that other departments have been consulted about an application and Dennis responded that for more complicated issues representatives of other departments could be requested to be present to respond to technical questions the Commission may have. IV. Purpose of Public Testimony Dennis reminded the Commission that the burden of proof is on the applicant. If the Commission feels more information is needed before a decision can be made, a case can be continued or tabled. A decision must be made on the information provided. A couple of the Commissioners commented that questions of applicants or staff must be kept pertinent to the request. Decisions are not based on how many people show up at a hearing in favor of or in opposition to a request. Decisions are made based on findings of fact and conclusions of law based on a wide variety of information provided to and received by the Commission. Public testimony is another source of information which can provide the Commission with valuable insight into the dynamics of a neighborhood. The Commission should encourage public participation in the public hearing process but should not decide a case solely on the matter of popular vote. V. Sign Regulations I At this point in the workshop the Commission was given a series of hypothetical questions and answers concerning signs. As a result of this exercise, the Commission concluded the Sign Schedule of the Zoning Ordinance has a number of conflicts and ambiguities. Dennis suggested a method for resolving these ambiguities through the preparation and adoption of what is commonly termed a"Resolution of Interpretation". In such a case, the code is not changed or amended, but rather clarified. Rita Earl offered a motion to authorize Planning and Zoning to form a committee, with the sanction of Council, to examine the Sign Ordinance and prepare a written clarification of it. Wanda Anthony seconded the motion which passed unanimously. Phil Frye volunteered to serve on the Committee. VI. Comerehensive Plan Dennis advised the Commission that the green covered Comprehensive Plan is a 50%/60% completed update. It is expected that the final update will be finished by December 1993. P&Z WORKSHOP MINUTES 2/10/93 P.2 VIi. Land Use/Area Studies a. Canyon Hill - Dennis pointed out on the map the location where the Staff is proposing, for the Commission's consideration, a Comprehensive Plan amendment from Low Density to Medium or High Density Residential, emphasizing that zoning will only be changed at the request of property owners. b. Cleveland/Blaine/Arthur, 10th & 21 st Avenue - Dennis pointed out the area around Main Street and 13th-16th by Indian Creek and the potential for greenbelt development where the City already has undeveloped right-of-way. The Cleveland/Blaine corridor between 10th & 21 st is a complicated area with a number of legitimate, competing interests. A key factor that sometime gets overlooked is the purpose and function of these streets as major arterials. Dennis indicated he would contact Leroy Meyer at the State Transportation District III office and request that one of their staff members make an informational presentation to the Commission at a future date. Information such as current and projected levels of traffic, peak hour traffic levels, level of service at intersections, and the projected need for signalization and other traffic control devices along this corridor could be provided. All are important in determining preferred land uses in these areas. c. Dearborn to Fairview Golf Course, 10th Ave. to Kimball - Staff is proposing that the Comprehensive Plan be amended to reflect High Density Residential for the neighborhood from Fillmore to the Golf Course. VIII. Other The Commission felt new commissioners could use some orientation as to the Zoning Ordinance and the Comprehensive Plan. At the next workshop the Commission would like to see something on how to find things in the Ordinance. The Commission indicated the need for more informal workshop sessions and suggested that May would be a good time to schedule the next workshop. The Commission also acknowledged the Traffic Commission's request to hold a joint workshop session to discuss traffic, key intersections, and points of congestion throughout the community. With no further business the workshop adjourned at 6:00 p.m. Prepared by / �� Liz Yeary, Recording Secretary P&Z WORKSHOP MINUTES y10/93 P.3