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HomeMy WebLinkAbout8-12-1993 P&Z MINUTES � 4 PLANNING AND ZONING COMMISSION MINUTES Meeting of August 12, 1993 Present: Chairman Tom Ensley, Rita Earl, Phil Frye, Terry McConnell Absent: Wanda Anthony, Mary Higdem, Rick Wells 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 July 15, 1993 were approved, with motion submitted by Rita Earl and seconded by Terry McConnelL The first public hearing on the agenda was a request for a zone change from R-2 (High I �I, Density Residential) to R-3 (Multi-Family High Density Residential), applicant Bob I Hibbard. Dennis explained the area requested by the applicant and the additional areas ' which might be considered at the same time. In response to a question from Rita Earl, I Dennis confirmed that the City has contacted respective property owners but has not received any communication from them. The public hearing portion was then opened with only one person testifying, applicant Bob Hibbard. Mr. Hibbard explained that he felt this was a good location for some higher density housing, which has been identified as a need, and that the area is surrounded by other multi-family dwellings and professional offices. Terry McConnell offered a motion to approve fon�varding the requested zone change I from R-2 (Medium Density Residential) to R-3 (Multi Family High Density Residential) �I for Block 25, Lots 1-10, and Block 26, Lots 1-6, of Hasbrouck's Resubdivision, to City Council. Phil Frye seconded the Motion. Rita Earl commented that such a zone change j is in conformance with the Comprehensive Plan and will increase the area of R-3 I developable land in the city. i ROLL CALL VOTE on Motion. Those voting yes: McConnell, Earl, Frye. Those voting I � i no: None. Absent and not voting: Anthony, Higdem, Wells. � MOTION CARRIED The second public hearing was a review of a Special Use Permit for a group day care facility at 1805 Blaine. Dennis explained that the Pla,nning and Zoning Department had been contacted by the State Department of Health and Welfare about a near accident on MINLTIFS P&Z O8/12/93 Page 1 , � Blaine Street on July 1, 1993. As a result of this call, the City's Code Enforcement Officer, Ed Christopher, had inspected the premises and determined certain imposed conditions were not being fulfilled. As a result of this, the Commission, at its July meeting, requested staff to present the item for review in public hearing at the August 12 meeting. Dennis reported that he contacted the State Health and Welfare Department and was advised that they were not proceeding further with the investigation. He also reported that Harlan Dilley, Fire Marshall, had received a communication from the Day Care Licensing Department of Health & Welfare e�cpressing concern about the number of children being cared for at one time and the apparent contravention of the Occupancy Load. The letter alleged that 23 children were being cared for at one time. The Special Use Permit issued by the City as well as the licence issued by State established a maximum enrollment of 12 children at any one time. A copy of the letter was presented to the Commission and the applicant, and is attached to the file. Ms. Summers, the owner of the facility, then testified presenting letters from parents of children with whom she is contracted to provide care, a letter from a part-time employee, and a letter from her neighbor, indicating support of the facility. These letters are also attached to the file for record. Ms. Summers asserted that the children are never allowed outside of the fenced area. She agreed that parents do still drop their children off on Blaine, but that she feels she cannot be responsible for that as she has to be inside with the children. Rita Earl asked her if the parents were aware they would be putting her permit in jeopardy if they park on Blaine. Ms. Summers said she has attempted to make them aware. Phil Frye refened to the letter to Harlan Dilley concerning occupancy, and Ms. Summers admitted that there have been times when more than 2Q children have been at the facility and said that she is working with Health and Welfare to come up with a solution. Dennis confirmed that if she wishes to increase the number of children cared for she ' would have to come back before the Commission with a request for an amendment. ' Such a request would be considered under the 1993 amended ordinance. Dennis stated that new licensing would be required by the State. Ms. Summers explained that the number of children cared for increases in the summer, when school age siblings of participants are added to the facility. She expressed concern � for those children if they were left home alone instead. i Rita Earl commented on the fence, which Ms. Summers e�cplained is broken as part of I the normal wear and tear of children playing with bikes and such and that it is replaced I I each time it is damaged. She added that she is willing to put no parking signs along the , Blaine Street frontage to get people to cooperate in loading and unloading on 18th ' Avenue. MINUTFS P&Z O8/12/93 Page 2 � Sarah Miles and Tina Lewis testified in support of the facility, stating that they have had children in care with Ms. Summers for several years and are very satisfied with the facility. Mr. V. Smith, who owns properiy opposite the facility, complained about excessive traffic, parking on Blaine Street, and noise. He did not feel that the location was suitable for a day care facility. After some further questions, the public hearing portion was then closed. Phil Frye felt that people will park on Blaine Street in spite of any signs or restrictions. Rita Earl agreed stating that it has been over a year since the permit was approved. She felt that t,he day care in this location is not suitable especially when one considers the potential increased traffic on this major thoroughfare. Phil Frye added that he would like to see fencing on Blaine Street with a locked gate. The Commission requested that the Code Enforcement Officer monitor the premises to ensure the fencing and gate is secure. There was discussion over the number of children permitted, and whether or not wording could be inserted amending the number to permit a variation during a specific period of time. After further discussion concerning traf6c levels on Blaine, Dennis advised the Commission that if they are considering amending the permit and having further review, it would be appropriate to table a decision for 30 days, during which time the Code enforcement Officer and the Department of Health and Welfare would have some time to gather additional information and try to work with the applicant to come to a detailed proposal for fencing. Rita Earl then offered a Motion to table the item for thiriy days and direct Ms. Summers to work with the parents explaining that by parking on Blaine Street they are jeopardizing her permit and give staff time to gather necessary information and monitor the day care and bring results back to the Commission. Terry McConnell seconded the Motion. ROLL CALL VOTE. Those voting yes: Earl, Frye, and McConnell. Those voting no: None. Absent and not voting: Anthony, Higdem, Wells. MOTION CARRIED The third public hearing involved an amendment to the Child Care Ordinance. Dennis explai.ned that this is essentially an opportunity to modify the ordinance, after having had the chance to see how the ordinance works in practice. ! I MINUT'ES PBcZ O8/12/93 , Page 3 ', .. . No members of the public testified. Rita Earl commented that it is a positive step foiward. Phil Frye suggested including family day care homes in item three regarding structural alterations to a residential building. Rita Earl then moved to recommend approval to City Council. Phil Frye seconded the motion. ROLL CALL VOTE. Those voting yes: Earl, Frye, and McConnell. Those voting no: None. Absent a.nd not voting: Anthony, Higdem, Wells. MOTION CARRIED The final public hearing concerned Interpretation of the Caldwell Sign Ordinance. Dennis e�lained that this heari.ng was more of a dispensing of information to the Commission and public. Staff met at a work session with the City Council to inform Council of the work of the subcommittee in its attempt to produce a Resolution of Interpretation. The Council appeared to be receptive to the proposals but encouraged the subcommittee to make every effort to work with the Chamber of Commerce and other community groups to educate businesses and the public about the enforcement. Dennis said that Dale Andersen has been very helpful in providing visual aids to the subcommittee and from the cooperation of the two sign companies in Caldwell, the sign industry is very supportive of good sign legislation in the community. Rita Earl then offered a motion to table the item indefinitely until the subcommittee and staff has had an opportunity to work with the Chamber and business groups to publicize � the Resolution. Phil Fcye seconded the Motion. ROLL CALL VOTE. Those voting yes: Earl, Frye, and McConnell. Those voting no: ' None. Absent and no� voting: Anthony, Higdem, Wells. '�, MOTION CARRIED I Dennis then reviewed City Council action and potential items for the September 2 �'I additional meeting of the Commission. There was general discussion about the R-2 zone I and the possibility of amending the code to permit smaller lot parcels for single family '�� homes, but keeping the same density requirements. ' With no further business the meeting adjourned at 9:00 p.m. , MOTION CARRIED � G � ` �' - c`" '' � �� Recording Secretary, Chairman, Liz Yeary Tom Ensley MINUTFS PBcZ 08/12/93 Page 4