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HomeMy WebLinkAbout7-15-1993 P&Z MINUTES , .�.�.�.�.�..� � � PLANNING AND ZONING COMMISSION MINUTES Meeting of July 15, 1993 Present: Chairman Tom Ensley, Wanda Anthony, Rita Earl, Phil Frye, Terry McConnell, Rick Wells Absent: Mary Higdem Staff: Dennis Crooks and Liz Yeary The regular meeting of the Planning and Zoning Commission was called to order by Chairman Tom Ensley, at 7:15 p.m. in the City Hall Council Chambers. The Minutes of the Planning and Zoning Commission Meeting of June 17, 1993 were approved, with motion submitted by Rita Earl and seconded by Wanda Anthony. The Minutes were amended to reflect the name of each applicant at the introduction of each item, and the full name of sta.ff representatives. The first public hearing on the agenda was a request for a Special Use Permit to operate a group chitd care facility in the R-1 (Single Family Residential) zoning district at 1602 N. Illinois Ave., applicant Charlene Hymas. Dennis explained the nature of the request, reminding the Commission that the case would be considered and evaluated under the ordinance existing prior to June 1, 1993 since the application was submitted prior to that date. He stated that the facility has been operating for approximately 13 months and the applicant is requesting a permit to care for ten children, from 7:00 a.m. to 6:00 p.m. with loa�ing/unloading of children in the driveway. The Director continued by referring to traffic statistics and sight distance factors concerning safety of loading and unloading on N. Illinois, a designated collector street in the Comprehensive Plan. A phone call was received by staf� opposing the request based on poor street lighting, the busy intersection and the small size of the property. The applicant, Charlene Hymas, stated that during the previous year she has had no complaints or incidents of concern. She has requested parents to pull in the driveway to drop off and pick up the children. Safety of the children is her most important concern. She claimed that the normal speed limit is 30 mph which drops to 20 mph during school session. The retaining wall below the chain link fence gives greater security but also encourages people to take more care in exiting the driveway. She circulated some photographs taken from her property (not retained for the record). She did not feel � MINLTI'ES PBcZ 07/15/93 . �� Page 1 , . increased classrooms at the school would mean an increase in traffic. She said that about ten children per day use the sidewallc in front of her property. She noted that page 3 of the Staff Report cites the distance from the canal bridge to the intersection as 225 feet. The distance measured from the corner of Shepard to the driveway is another 18 feet, giving a total of 243 feet which complies with the recommended speed for that stopping distance. Commissioner Earl commented that her concern is people driving on Illinois and their ability to see children on the sidewalk or drivers backing out of the driveway. The applicant stated that the driveway can hold five cars although only one car can proceed through the entrance at one time. In response to a question from Rita, Ms. Hymas stated that three of the six children she currently cares for are from one family. The next person to testify was Camilo Lopez who lives at Lot 10 of Block 2. He cited continued growth in the area, the small size of the tot, increase in local traffic, and speed increase as drivers proceed north on Dlinois. He stated that there are many more than 10 children crossing Illinois and using the sidewalk in front of the property. Traffic ' has increased on Shepard due to the lack of north/south streets on Canyon Hill. He also e�ressed concern about the integrity of the single family neighborhood and bringing a commercial enterprise there. Joyce Mallory of 1610 N. Illinois Ave., then testified in opposition to the request citing poor street lighting, no sidewalk south of Shepard, the loading/unloading during poor weather conditions, excessive speed approaching the property, and her concern for the safety of the children. Mike Loosli of 1603 N. Illinois Ave. also testified in opposition citing excessive speeds, a large number of children using the sidewalk, recreational users and multiple child care facilities which compound the problem. H. Harrison of Middleton, daughter of the applicant, testified saying that her mother had cared for her children and she had never had a problem entering or leaving the driveway. Ms. Hymas then came back to the podium expressing her concern for the children in l�er ' care, and that any problems are caused by growth, and that the size of her home is not a negative factor. The public hearing was then closed. Commissioner Anthony stated that having visited the property she witnessed continual excessive speed and the difficulty of backing out I onto N. Illinois Ave. was a legitimate problem. Rita Earl agreed, stating that drivers accelerated approaching the brow of the hill, and ' that the intersection is a dangerous one without adding a day care to the problem. Terry ' NurrvrES ra�z mns� Page 2 . _ . . ��:�:� aw. � McConnell agreed, adding that the size of the home did not appear to be large enough, according to Building Code, to accommodate the number of children requested. He added that in his opinion additional street lighting would not alleviate the problem. Rick Wells then offered a motion to deny the permit based on finding the use to be a hazard to an already dangerous intersection to both pedestrians and motorists. Wanda Anthony seconded the Motion. ROLL CALL VOTE on Motion. Those voting yes: Wells, Frye, Anthony, McConnell, Earl. Those voting no: None. Absent and not voting: Higdem. MOTION CARRIED The second public hearing was a request for a zone change from R-3T (High Density Residential, Individual Mobile Home Overlay) to C-4T (Interchange or Freeway Commercial), applicant E. Merritt. Dennis explained that this case had been refened back to the Commission, since neighboring property owners, (Mr. and Mrs. Hofeldt) had e�ressed interest in the same zone change for their property. The staff had attempted to contact another properiy owner, Mrs. Rambow, to advise her that the Commission is consideri.ng rezoning her property but there has been no response. In response to a question from Rita, Dennis confirmed that there will be additional attempts to contact Mrs. Rambow. In response to a question from Phil Frye, Dennis explained that the Ortegas, owners of the remaining property, have indicated that they do not wish to be included in this zone change at this time. However, they have no objection to the other properties being rezoned. Phil Frye, who was not present at the previous hearing on this matter, requested the , history of the situation which Dennis outlined. Dennis added that if the property were I rezoned and a house was destroyed, the home could only be rebuilt by granting of a ��, Special Use Permit. ' Rita Eart then offered a Motion to recommend the zone change to City Council finding that the request is in conformance with the Comprehensive Plan, and requesting staff to continue to contact Mrs. Rambow by certified mail. The motion was seconded by Terry McConnelL ROLL CALL VOTE. Those voting yes: Eaxl, Wells, Frye, Anthony and McConnell. Those voting no: None. Absent and not voting: Higdem. MOTION CARRIED MINLTI'FS P�tZ 07/15/93 Page 3 . The next public hearing was a request for a Vaciance to the Zoning Ordinance to create a parcel of record which does not satisfy the minimum lot frontage requirement of 60 feet (28 feet) on Parker Avenue and W. Oak Street (applicant: Orville Collins for John Ashman). Dennis explained the request, reminding the Commission that the request was a Variance and the need to make a finding based on unusual circumstances or hardship. He added that the Engineering Department requested conditions be placed on the variance to enable the City to obtain certain rights-of-way and various street improvements through a deferral agreement. Orville Collins then spoke on behalf of the applicant, John Ashman, stating that the requested parcel meets all the requirements of the City Engineering, Fire and Police Departments. Mr. Ashman wishes to construct a single family home which would improve the property. Mr. Ashman is willing to comply with the conditions requested by the Engineering Department. Mr. Ashman stated that he had nothing further to add to Mr. Collins' comments. George Crookham, 124 W. Oak, requested that the Commission examine safe access for emergency vehicles, street maintenance, conformance with the Comprehensive Plan, feasibility of a right-of-way from Kimball to the east, if there is unnecessary hardship, and traffic safety for this neighborhood. I Jahn Downey, 2207 Parker, then spoke saying that this right-of-way is next to his residence and he is not in favor of the request. I I Mr. Brooks, 201 W. Ash, was concerned that his access to irrigation water was on the I requested strip, but was advised that the Engineering Department requested conditions '�, included an easement to encompass the eld.sting irrigation water line. � The public hearing portion was then closed. Dennis explained that the development of I, the land in this area had been accomplished over many years in piecemeal fashion rather ', than in the traditional subdivision process, which was the reason necessary rights-of-way ', had not previously been acquired. In response to a question from Rick Wells, Dennis ', explained that as development occurred opportunities for obtai.ning optimum rights-of- way were diminished. The Fire Department have indicated that there is no difficulty for ' access for emergency velucles. Street maintenance programs exist for these types of streets but street improvements would only occur with a LID. After some further discussion, the Chairman reopened the public hearing for additional testimony. Orville Collins stated that there is hardship in the case in that the applicant has health problems wluch prevent him from taldng care of the large property. George Crookham brought up the question of the easement for water and said that he had discovered that the cul-de-sac right-of-way was deeded to the City on January 5 and that the same property was deeded to a Mr. Isom on January 6. Therefore, there is question MINUTF.S P�Z 07/15/93 Page 4 . of who owns the right-of-way. After some discussion, it was agreed that the City owns the right-of-way. Phil Frye then offered a Motion to approve the Variance based on the criteria that it is not in conflict with the Comprehensive Plan, that with the growth and urbanization of the City it is not feasible to own large parcels because of tax increases and need for maintenance. It will not be a danger to public health or welfare. The access to the proposed lot will be a driveway off an existing public right-of-way. There has been no evidence that it will reduce property values; the Fire Department has no problem with emergency vehicle access. The Motion died for lack of a second. Rick Wells commented that this is a difficult case since both sides have expressed their view convincingly. However, he felt the lot will conform in every other way with the code, the house will be a single family home which falls within the R-1 zoning district. He then offered a Motion to approve the Variance subject to the 7 suggested conditions based on finding that the request is in conformance with the Comprehensive Plan in that the density of housing will not exceed that set down in the Plan, that the property had been developed in such a way that further development of the parcel would not be possible. Terry McConnell seconded the Motion. ROLL CALL VOTE. Those voting yes: Wells, Frye, Anthony and McConnell. Those voting no: None. Those abstai.ning: Earl. Absent and not voting: Higdem. MOTION CARItIEI� The final public hearing was introduction of a Code Amendment to provide minor refinement to the Child Care Provision of the Zoning Ordinance, Section 6-3-6. Dennis explai.ned that there appeared to be a need to refine parts of the Code Section to help with its interpretation and administration. The Commission discussed the proposed changes and Wanda Anthony then offered a Motion to continue the item to the August 12 meeting. Rita Earl seconded the Motion. ROLL CALL VOTE. Those voting yes: Anthony, McConnell, Earl, Wells, Frye. Those voting no: None. Absent and not voting: Higdem. MOTION CARRIED The ne�ct item on the agenda was review of City Council action pertaining to Planning and Zoning which Dennis outlined for the Commission. MINUTFS PBcZ 07/15/93 Page 5 . Dennis then reviewed the complaint received about the group day care facility at 1805 I Blaine Street. He reminded the Commission that the Special Use Permit had been , issued in 1992 for this facility and that the State Health and Welfare Department had received a complaint on July 2, 1993, about children from the facility playing in Blaine Street at 6:30 p.m. The State agency, in turn, had contacted the City to inquire about , any specific planning or zoning approvals. '� Dennis informed the Commission about the state of fencing and the apparent practice of loading and unloading on Blai.ne Street which were violations of the terms and conditions unposed on the permit by the Commission. Rita Earl then offered a motion to schedule review of the Special Use Permit for the August 12 Plan.ning and Zoning Commission meeting. Wanda Anthony seconded the Motion. ROLL CALL VOTE. Those voting yes: Earl, Wells, Frye, Anthony and McConnell. Those voting no: None. Absent and not voting: Higdem. Phil questioned the new parking area next to the City pool and whether or not it was constructed to City standards. Dennis reviewed potential agenda items for the August 12 and September 2 meetings �. and the meeting adjourned at 10:00 p.m. Recording Secretary, Chairman, Liz Yeary Tom Ensley � I Muvv�s Paez o�ns� Page 6