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HomeMy WebLinkAbout6-26-1997 P&Z MINUTES . s `�' . COMMUPNITY DEVELOPMENT DEPARTMENT - �� � ���� �� ��,�,���,�„�, 621 CLEVELAND BLVO. � CALDWELL, ID 83605 LINDA JAMES TELEPHONE 455-3021 Community Deve�opment Director FAX 455-3003 MINUTES OF THE PLANNING AND ZONING COMMISSION Meeting of June 26, 1997 7:00 p.m. I CALL TO ORDER: Chairman William Roos called the regular meeting of the Planning and Zoning Comznission to order, at 7:00 p.m., in the Caldwell City Hall Council Chambers. II ROLL CALL: � Present: William Roos, Sonia Huyck, Bill Gilbert Absent: Mike Nachtigall � Staff: Linda James, Ann Marie Reyes III REVIEW OF PROCEEDINGS: Chairman Roos explained the procedures for public hearings. N POLL FOR CONFLICT OF INTEREST: The members were polled for conflicts of interest; none were expressed. V OLD BL'SINESS: None VI NEW BUSINESS: 1. A request by Martha Root, Nancy Smith, and Kathie Macleod to hear Case No. SUP-15-97, for approval of a Special Use Permit to bring an existin� legal non-conforming dwelling located in the C-3 zone into a legal conforming dwelling. The site is more common known as 115 Dearborn Street. Linda James presented the Application Report. She reviewed E�ibit PZ1000, a location map showing the subject site and the surrounding zoning. The reason the applicant's are coming forward is so that this house can continue to be a legal conforming use. Martha Root, the applicant, testified that the house would be used as a rental unit. There was no one lune 26. 1997, Minutes Page 1 r signed up to speak in favor or against the proposal. Being no further questions or speakers, Chairman Roos closed the public hearing. Comprehensive Plan Analysis - 1) Residential Categories - Policy 15; and 2) Housing - Policies 1, 2, and 3. Findings of Fact - 1) this is an existing structure and used an a residence when zoned C-3; 2) it meets the requirements for off-street parking; and 3) the Comprehensive Plan designates Commercial but this area has not evolved into a Commercial District. Moved by Commissioner Huyck, seconded by Commissioner Gilbert, that the Findings of Fact be approved as stated. Roll Call: Yes: Sonia Huyck, Bill Gilbert, William Roos No: None MOTION CARRIED i i i Conclusions of Law - Moved by Commissioner Huyck, seconded by Commissioner Gilbert, based ', on the Findings of Fact this case qualifies as a Special Use Permit to allow it to be a legal use since � it was legally constructed prior to current zoning. ' Roll Call: Yes: Sonia Huyck, Bill Gilbert, William Roos No: None MOTION CARRIED Moved by Commissioner Huyck, seconded by Commissioner Gilbert, that based upon these Findings of Fact and Conclusions of Law, the Planning and Zoning Commission hereby approves the request by Martha Root, Nancy Smith and Kathie Macleod for a Special Use Permit to bring and existing legal non-conforming dwelling located in the C-3 zone into a legal conforming dwelling and directs � the Community Development Director to prepare the Order of Decision. Number four (Sunset Clause) of the standard conditions for a Special Use Permit be excluded. Roll Call: Yes: Sonia Huyck, Bill Gilbert, William Roos No: None MOTION CARRIED Anyone interested in filing an appeal may contact the Community Development Department. 2. A request by James McCoy to hear Case No. SUB-04F-97, for a final plat approval of Glenn Meadow Estates Subdivision, a Planned Unit Development for 25 residential lots and two common areas on approximately 3.85 acres located in the R-2 zone. The site is located on the east side of S. Indiana between Cherry and Beech Streets. Linda James presented the application report. As noted in the application report, a few conditions have not been met. She reviewed Exhibits PZ 1000, a location map showing the site and surrounding zoning; PA-3, a letter from Pioneer Irrigation District, in which they have approved the gravity June 26, 1997, Minutes Page 2 I I � I irrigation plan and have asked the applicant to record it, which he has. Landscaping for the project ', has been completed. �' James McCoy, applicant and developer for project, testified that he agreed to all conditions that needed to be met. There was only one person signed up to speak, who remained neutral. Concerns expressed was the storm drain through the project. Being no further questions or speakers, Chairman Roos closed the public hearing. Findings of Fact - Moved by Commissioner Huyck, seconded by Commissioner Gilbert, that the General Facts outlined in the staffreport be approved as the Findings of Fact on this application, and that based on public testimony, the inclusion of the following facts be incorporated: all applicable conditions as the time of the first hearirig have been or will be met prior to final plat being placed on the City Council meeting calendar and/or prior to any building permits being issued; condition number three should be eliminated and condition number four should be amended, allowing a�4 month period. � Roll Call: Yes: Sonia Huyck, Bill Gilbert, William Roos No: None MOTION CARRIED Conclusions of Law - Moved by Commissioner Huyck, seconded by Commissioner Gilbert, that based on the Findings of Fact and the General Facts outlined in the staff report, the Conditions set forth at the preliminary hearing are being or have been met as summarized in the Findings of Fact. Roll Call: Yes: Sonia Huyck, Bill Gilbert, William Roos No: None MOTION CARRIED Moved by Commissioner Huyck, seconded by Commissioner Gilbert, that based upon these Findings of Fact and Conclusions of Law, the Planning and Zoning Commission hereby recommends approval for the request by James McCoy, Case No. SUB-04F-97, for final plat for Glen Meadows Estates Subdivision, a Planned Unit Development for 25 residential lots and two common areas on approximately 3.85 acres located in the R-2 zone and forwards the same to City Council for fmal action. Roll Call: Yes: Sonia Huyck, Bill Gilbert, William Roos No: None MOTION CARRIED Anyone interested in filing an appeal may contact the Community Development Department. 3. A request by Glen Garrett and Randy Glenn to hear Case No. VAR-02-97, for approval of lune 26, 1997, Minutes Page 3 a Variance to reduce the requii•ed corner lot size from 7500 square feet to 6300 square feet in the R-2 zone. The site is more commonly known as 2422 Montana Street. Linda James presented the Application Report. She reviewed Exhibit PZ1000, a location map showing the subject site and the sunoundina zoning. A variance request for the same property was heard by the Planning and Zoning Commission on January 19, 1995. The request was approved, however, a condition of approval stated that the Variance must be reviewed annually. This condition was not met, and the approval became null and void. Glen Garrett, the applicant, testified that he was aware that the curb cut would need to upgraded if it was going to be used. No one else si�ed up in favor or in opposition to this request. There being no further speakers or questions, Chauman Roos closed the public hearing. Comprehensive Plan Analysis - The applicable items were as follows: 1) Residential Categories - Policy 2; and 2) Housing - Policies l, 2, 3, and SC. Chairman Roos explained the procedure for Variances. The Planning and Zoning Commission found that all five criteria required to be met, listed under Section 10-03-OS for a Variance, are true. Moved by Commissioner Gilbert, seconded by Commissioner Huyck. Roll Call: Yes: Bill Gilbert, Sonia Huyck, William Roos No: None MOTION CARRIED Anyone interested in filing an appeal may contact the Community Development Department. � 4. A request by Mallard Development Company to hear concurrently Case Nos. SUP-17-97 and VAR-04-97, for approval of a Special Use Permit for a Planned Unit Development to construct three, four-plexes on approximately 1 acre located in the R-3 zone, and for approval of a Variance from the 2-acre requirement for a Planned Unit Development. The site is located on the north side of Locust Street, east of Georgia Street and is described as a portion of Tract J of Mountain View Subdivision. Linda James presented the Application Report. She reviewed Exhibit PZ1000, a location map showing the subject property and surrounding zoning. The requirements from the Fire Department and the City Engineer have been met. Ron Millick, the applicant, gave a brief presentation of the history of his project. He stated that the project would not be subs�dized, it would be market rent property. Each unit will be three bedrooms with two baths. There is a fire hydrant on site, sufficient water flow, sewer service runs through the project, and there has been a Letter of A�eement with Leisure Village XI regarding the landscaping and maintenance of an area common the both developments. There will be gated fence installed between subject site and the theater. June 26. I997, Minutes ' Page 4 One person signed up to speak in favor to the project. Support included: will be a nice development and will be well maintained and managed. Two persons signed up in opposition to the project. Concerns expressed were: foot traffic along the canal, the possibility of a fence along the perimeter of subject property, children being attracted to the canal, an on-site manager, property values and noise. One person signed up remaining neutral. Mr. Millick stated that he did have plans far a privacy fence as tall as the City and Irrigation District would allow them to build. Being no further questions or speakers, Chairman Roos closed the public hearing. Comprehensive Plan Analysis - The applicable items were as follows: 1) Residential Categories - Policies l, 2, 3, 4, �, and 9; 2) Urban Storm Runoff - Policies 1 and 2; and 3) Housing - Policies 1, 3, 5 and Sa and b. Findings of Fact - The Commission adopted the general facts as outiined in the staffreport; with the modification to 2.11.5 to add building permits for dwelling as a Finding of Fact and added the following: 1) work has already started on the project; 2) legal requirements have been met; 3) the items outlined in the Comprehensive Plan Analysis do apply; 4) fencing and irrigation system have been discussed; �) there will be a final agreement with Pioneer Irri�ation District tapping into the canal. Moved by Commissioner Huyck, seconded by Commissioner Gilbert, to accept the Findings of Fact as stated. Unanimously passed by voice vote. Conclusions of Law - The Planning and Zoning Commission adopts the Findings of Fact as Conclusions of Law, the laws and codes have been met. Moved by Commissioner Huyck, seconded by Commissioner Gilbert, that the Conclusions of Law be approved as stated. Unanimously passed by voice vote. Variance Procedure - Chairman Roos explained the procedure for Variances. The Planning and Zoning Commission found that all five criteria required to be met, listed under Section 10-03-OS for a Variance, are true. Moved by Commissioner Gilbert, seconded by Commissioner Huyck, to approve the Variance. Roll Call: Yes: Sonia Huyck, Bill Gilbert, William Roos No: None MOTION CARRIED Moved by Commissioner Gilbert, seconded by Commissioner Huyck, that based upon these Findings of Fact and Conclusions of Law, the Planning and Zoning Commission hereby approves the request by Mallard Development Company for a Variance and for a Special Use Permit for a Planned Unit Development to construct three, four-plexes on approximately 1 acre of land, and directs the Community Development Director to prepare the Order of Decision including the following Conditions: 1) standard conditions stated in Application Report excluding the Sunset Clause; 2) the developer will fence the property line along the canal to a maximum size and design as approved by Pioneer Irrigation District, Community Development Director, City Engineer; and 3) the developer June 26, ! 997, Minutes Page 5 provides a si�ed agreement with Pioneer Irrigation to access the water with a private pump for irrigation purposes. Roll Call: Yes: Bill Gilbert, Sonia Huyck, William Roos No: None MOTION CARRIED Anyone interested in filing an appeal needs to contact the Community Development Department. 5. A request by Larry Madden to hear Case No. SUP-16-97, for approval of a Special Use Permit to convert an existing 3-family dweiling into a b-family dwelling by adding three dwelling units to the first floor of an existing building. The site is within the R-2 zone and is more commonly known as 1520 Cleveland Boulevard. Linda James presented the Application Report. She reviewed Exhibits PZ1000, a copy of the Assessor's map outlining the site and surrounding zoning; PR-1, a letter from William Gigray opposing the request; PR-2, a letter from Dolores Pleasent and Irene Jones opposing the request; and PR-3, a letter from Nathan and Penni Moon opposing the request. Larry Madden, the applicant, testified that the size of the building is suitable for 10-12 apartments, but because the zone it is in, it is not allowed. The upstairs is three apartments, a one bedroom, a two bedroom, and a three bedroom. The downstairs would be three, two bedroom with one bathroom each, and would be nicer than the upstairs units. The site will be improved and cleaned up from it present appearance. The building itself is not of historic significance and has not been changed since the building permit for the upstairs apartments. The parking lot will be asphalted and landscaped. . Eleven persons signed up in opposition to the project. Concerns expressed were: integretity of the area of Historic Significance, dwelling being adjacent to single family residences, decrease in property values, inadequate yard space and safety for the children, noise, residential character, density, and traffic congestion. One person signed up as neutral. Larry Madden's rebuttal included: there has been a fence put up in the back yard area to allow the children to play; he was unaware there was so much trouble going on with his tenants; and he is willing to provide asphalt and nice landscaping with a special use permit allowing the six dwelling units. Comprehensive Plan Analysis - The applicable items were as follows: 1) Residential Categories - Policy 2 does not fit with the lifestyles of the neighborhood; 2) Urban Storm Runoff - Policies 2; 3) Historic District - Policy l, Policies 2, 3, and 4, do not comply with the Comprehensive Plan; 4) Housin�, Policy 3; and 5) Community Design- Policy 3. Findings of Fact - The Commission adopted the general facts as outlined in the staff report as Findings of Fact and added the following: 1) the building was originally built as a church; 2) the site ' is in an area of Historic Significance; 3) the property is adjacent to R-1 property and is zoned R-2; ! June 26, 1997, Minutes Page 6 • 4) it is in conflict with the Comprehensive Plan; 5) the developer stated that his plans were not definitive; 6) there is no secure play�ound or yard for the children to play; and 2.12.4 be amended statina the site was built as a church not a residence and 2.13 be amended stating the site is accessed from y l6th Street not Cleveland Boulevard. Moved by Commissioner Huyck, seconded by Commissioner Gilbert, to accept the Findings of Fact as stated. Passed by unanimous voice vote. Conclusion of Law - Based on the stated Findings of Fact the Planning and Zoning Commission determined that the project is in conflict with the Articles of the Zoning Ordinance 10-01-02, 10-01- O5, and 10-03-04. Moved by Commissioner Huyck, seconded by Commissioner Gilbert, to accept the Conclusions of Law as stated. Passed by unanimous voice vote. Moved by Commissioner Huyck, seconded by Commissioner Gilbert, that based upon these Findings of Fact and Conclusions of Law, the Planning and Zoning Commission hereby deny the request by Larry Madden for a Special Use Permit to convert an existing 3-family dwelling into a 6-family dwelling by adding three dwelling units to the first floor of an existing building located in the R-2 zone, and directs the Community Director to prepare the Order of Decision. Roll Call: Yes: Sonia Huyck, Bill Gilbert, William Roos No: None MOTION CARRIED Actions the applicant could take to minimize the adverse impact and result in a favorable decision: 1) fewer number of units; 2) resident manager; 3) more positive maintenance of what is currently there to help show integrity; 4) bring back a more definitive plan for exterior finish and grounds; 5) meet with the neighborhood to discuss project; 6) provide better control of tenants; 7) address the flooding issue with neighbor; 8) enclose the dumpster so that it is not unsightly; 9) fence the play area for the children; 10) improved landscaping and parking; and 11) change the facade of the �building to �ive it more of a residential appearance. Anyone interested in filing an appeal may contact the Community Development Department. 6. A request by Janie M. Hendrix to hear concurrently Case Nos. SUP-14-97 and VAR-03-97, ', for approval of a Special Use Permit to construct and operate a RestaurantBakeryBrewery , on approximately 6.6 acres located in the M-1 zone, and for approval of a Variance from the !, 200 foot requirement to allow compatible G3 commercial uses in industrial zones in , accordance with Section 10-02-02, Note 3. The site is located at Chicago Street and Boise R.iver and is described as a portion of the SW 1/4 of Section 16 and a portion of the NW 1/4 I NE 1/4 of Section 21, Township 4 North, Range 3 W.B.M. Linda James presented the Application Report. She reviewed E�ibits PZ1000, a location map showing the site and the surrounding zoning; and PZ1001, a copy of the revised parking plan. The applicant is proposing to phase the parking area. Since the area is in an overlay flood plain, federal agencies that review such developments were notified. Tim Batt, the project coordinator, presented E�ibits PZ1002 and PZ1003. The intent of the project June 26. 1997, Minutes Page 7 is to enhance the area, to retain as much of the environment as possible. There will be 109 parking spaces available in phase one of the parking. The parking spaces will be 19 feet in length, instead of the marked 18 feet shown on the site plan. Eight persons signed up in favor of the project. Support included: nice addition to the community. One person signed up as neutral. There was no one signed up in opposition. Comprehensive Plan Analysis - The applicable items were as follows: 1) Natural Resources and Hazardous Areas- Policies 1 and 3; 2) Commercial Categories- Policy 8; 3) Cultural and Social Facilities- Policy 1; 4) Urban Storm Runoff- Policies 1 and 2; 5) Parks, Recreation, and Open Space- Policy l; 6) Special Areas - Boise River - Policy l; 7) Community Design - Policies 1, 2, and 9. Findings of Fact - The Commission adopted the general facts as outlined in the staff report as Findings of Fact and added the following: 1) this site is not a wetland area; 2) meets the Comprehensive Plan; 3) meets the Zoning Ordinance requirements for parking; 4) although it is in a flood plain the State Fish and Game Department does not object to the project; 5) the stream channel alteration permit will have to be received from the Idaho Department of Water Resources; 6) it is compatible with the adjoining areas; and 7) the river is an appropriate buffer between the M-1 and R-2 zones. Moved by Commissioner Huyck, seconded by Commissioner Gilbert, be approved as stated. Passed by unanimous voice vote. Conclusions of Law - Based on the Findings of Fact and public testimony the Planning and Zoning Commission members that the project will be an asset to the community and will improve and enhance the area. Moved by Commissioner Huyck, seconded by Commissioner Gilbert, to accept the Conclusions as stated. Passed by unanimous voice vote. Variance Procedure - Chairman Roos explained the procedure for Variances. The Planning and . Zoning Commission found that all five criteria required to be met, listed under Section 10-03-OS far a Variance, are true. Moved by Commissioner Huyck, seconded by Commissioner Gilbert to approve the Variance. Moved by Commissioner Huyck, seconded by Commissioner Gilbert, that based upon these Findings of Fact and Conclusions of Law, the Planning and Zoning Commission hereby approve the request by Janie Hendrix for a Special Use Perrnit to construct and operate a RestaurantBakeryBrewery on approximately 6.6 acres located in the M-1 zone and directs the Community Development Director , to prepare an Order of Decision with the following Conditions: 1) the permit shall be considered null '� and void if construction plans have not been approved within one year of the date of signing of this , Order, and if construction of the site has not commenced within two years of the date of signing of '�, the Order, or an e�ension has been requested and granted by the Community Development Director; 'I 2) any Federal or State Agency having jurisdiction on this site should sign offbefore any building !� permits will be issued; 3) parking spaces will be 19 feet in length; and 4) a landscaped plan for phase � 2 should be approved by the Community Development Director. I Roll Call: Yes: Sonia Huvck Bill Gilbert, William Roos I ! � � No: None �' I June 26, 1997, Minutes I Page 8 a MOTION CARRIED Anyone interested in filing an appeal must contact the Community Development Department. 7. A request by the Planning and Zoning Commission to amend the text of Zoning Ordinance No. 1451, Article 5, Mobile Home Park Development Standards and Procedures, Section 10- ` OS-04, General requirements, subsection (1) by changing said section to read: "Area: The minimum land area necessary to establish a mobile home park in the City, Shall be ten (10) acres." Linda James presented the staff report. Comprehensive Plan Analysis - The applicable items were as follows: 1) Land Use - Goal. Findings of Fact - The Commission adopted the �eneral facts as outlined in the staff report as Findings of Fact and added the following: Article 5, Mobile Home Park Development Standards and Procedures, was a part of the Zoning Ordinance initially adopted in 1977; this subsection has not been amended since the Ordinance's initial adoption. A 10-acre parcel requirement provides a more realistic opporhulity for common areas, road development with sidewalks, recreational vehicle areas, and recreational areas within a park. It was the general consensus of the Commission to approve the Findings of Fact. Conclusions of Law - Based on the Findings of Fact and the Comprehensive Plan Analysis, the Planning and Zoning Commission members concluded that the Zoning Ordinance is outdated and the amendment would be in keeping with the current development patterns for mobile home parks. It was the general consensus of the Commission to approve the Conclusions of Law. � Roll Call: Yes: Sonia Huyck, Bill Gilbert, William Roos , No: None � MOTION CARRIED VII DISCUSSION ON PLANNING ISSUES: None VIII ADJOUR1vMENT: Chairman Roos adjourned the meeting at approximately 11:15 p.m. June 26, ] 997, Minutes Page 9