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HomeMy WebLinkAbout7-24-1997 P&Z MINUTES � I � A . , ; COMMUPJITY DEVELOPMENT DEPARTMENT I�' - ' , • � ��� �� ��,�,�,��,�,� 621 CLEVELAN� BLVD. � CAIDWELI, ID 836d5 UNDA �AMES TELEPHONE 455-3021 Communily Development Director FAX 455-3003 NIINUTES OF THE PLAN1vING AND ZONING COMIVIISSION Meeting of July 24, 1997 7:00 p.m. I CALL TO ORDER: Chairman William Roos called the regular meeting of the Planning and Zoning Commission to order, at 7:00 p.m., in the Caldwell City Hall Council Chambers. II ROLL CALL: Present: William Roos, Sonia Huyck, Bill Gilbert, Chaxles Murphy, Mike Nachtigall Absent: None Staff: Linda James, Ann Marie Reyes III REVIEW OF PROCEEDINGS: Chauman Roos explained the procedures for public hearings. N POLL FOR CONFLICT OF INTEREST: The members were polled for conflicts of interest; Bill Gilbert stated that he had a conflict of interest regarding Case Nos. SUP-19-97 and VAR-OS-97. V OLD BUSINESS: None l. Approve Minutes of May 15, 1997. The Minutes were not in the packets, therefore the Commission members were unable to review them. A motion was made by Commissioner Huyck to continue this item to the next hearing date, ?iving the Commissioners time to review them; the motion was seconded by Commissioner Nachtigall, and passed by unanimous voice vote. VI NEW BUSINESS: Chairman Roos welcomed Mr. Charles Murphy as the Commission's newest member. Chairman Roos recognized Thelma Carpenter. As a concerned citizen she would like to get the July 24,1997, Minutes Page 1 � Comprehensive Plan committee together, to try and get the Zoning Ordinance and Comprehensive Plan in conformance and uniformity with each other and with the development and �owth with today's society. Chauman Roos stated that the Comprehensive Plan Committee only has the authority to review the Plan and make some recommendations and has nothing to do with the changing of the Zoning Ordinance. Linda James stated the City needs to look at the Zoning Ordinance first because there are so many items in that have to be changed. The first meeting to start the review process with the Comprehensive Plan could be in September 1997. Items one and two of the agenda were reversed. 2. Case No. OA-09-97, an amendment to the te�ct of Zoning Ordinance No. 1451, Table 1, Land Use Schedule, C-4, I-P, M-1, and M-2 zones by adding "Security Guard Dwelling" to the list of special uses, and Section 10-03-11, Defmitions, by adding: "Security Guard Dwelling Unit: A dwelling occupied by a resident watchman and/or caretaker employed on the premises for the purpose of providing 24-hour security. A security guard dwelling unit may be integrated within the primary business structure, or may be separate from the business structure. A recreational vehicle may be approved as the dwelling unity when it is determined by the hearing body that the use is appropriate to the specific site. - Linda James presented the Application Report. The Zoning Ordinance regarding this matter is very unclear and causes confusion. Security Quarters are addressed with individual mobile homes; there are no provisions for an RV to be placed on the site because it specifically states that RV's are not allowed. There is nothing in the Ordinance that would allow dwelling security quarters to be integrated into the business building. There is no definition for security quarters. Being no further questions or speakers, the public hearing portion was closed. Comprehensive Plan Analysis - There were no applicable items pertaining to the Comprehensive Plan. Moved by Commissioner Huyck, seconded by Commissioner Gilbert, passed by a unanimous voice vote. Findings of Fact - The Commission adopted the general facts as outlined in the staff report as Findings of Fact and added the following: 1) it has been established throu,gh public testimony that it is necess for a securi dwellin watchman facili on site• 2 conditions ma be laced on a , �' tY � tY ) Y P special use permit and looked at case by case; 3) a building permit is required, therefore it must meet all City codes and standards; 4) there is no true definition for a security dwelling, and this would be established by making this text amendment; and 5) the definition would include RV's. Moved by Commissioner Huyck, seconded by Commissioner Nachtigall, to accept the Findings of Fact as stated. I I I ul 24 1997 Minutes I I 1 Y , , Page 2 + Roll Call: Yes: Sonia Huyck, Mike Nachtigall, Bill Gilbert, Charles �lurphy No: None �iOTION CARRIED Conclusions of Law - Based on the stated Findings of Fact, the Planning and Zoning Commission determined that this amendment is an appropriate definition of a"Security Dwellin�" based on the Findings of Fact. Moved by Commissioner Huyck, seconded by Commissioner Nachtigall. Roll Call: Yes: Sonia Huyck, Mike Nachtigall, Bill Gilbert, Charles Murphy No: None 1 N 'VIOTIO CARR�D Moved by Commissioner Gilbert, seconded by Commissioner Huyck to approve the definition of "Security Guard Dwelling Unit: A dwelling occupied by a resident watchman and/or a caretaker employed on the premises for the purpose of providing 24-hour security. A security ward dwelling unit may be integrated within the primary business structure, or may be separate from the business structure. A recreational vehicle may be approved as the dwelling unit when it is determined by the hearing body that the use is appropriate to the specific site and a building permit is required and meets the sanitary regulations of the City of Caldwell." Roll Call: Yes: Bill Gilbert, Sonia Huyck, Mike Nachtigall, Chazles Murphy � No: None MOTION CARRIED Moved by Commissioner Huyck, seconded by Commissioner Gilbert to recommend approval to the City Council that the text amendment for the definition of "Security Guard Dwelling Unit" be added to Table l, Land Use Schedule, C-3, C-4, I-P, M-1 and M-2 zones and that Section 10-04-03, subsection 1 of the Zoning Ordinance be deleted. Roll Call: Yes: Sonia Huyck, Bill Gilbert, Mike Nachtigall, Chazles Murphy No: None MOTION CARRIED Anyone interested in filing an appeal may contact the Community Development Department. l. Case Nos. OA-08-97 and SUP-18-97, for approval of an amendment to the te�rt of Zoning Ordinance No. 1451, Table 1, Land Use Schedule, C-3 zone, by adding "Security Guard Dwelling Unit" to the list of special uses, and a special use permit to provide an on-site security guard dwelling at an existing car wash located at 2800 E. Cleveland Boulevard. Linda James presented the Application Report. She reviewed Exhibits PZ1000, a location map showing the site and the surrounding zoning; PR-1, a letter from Roger Michener and Lawrence Ross; PR-2, a letter from Elsa Eytchison, manager of the Salvation Army; PR-3, a letter from Marion Bogert; PR-4, a letter from Renae Enhelder; PR-5, a letter from Dawn Tucker; and PR-6, a letter July 24,1997, Minutes Page 3 f _. ' from Nancy Muller. The RV was moved to this location without a building permit and is not hooked to sanitary facilities. Randy Couch, the applicant, testified that the RV was located in the southeast portion of the properry to the side of the car wash so that it is not seen from Cleveland Boulevard and does not obstruct anyone's view. The watchman lives at the facility and is there 24 hours a day. The RV is hooked up to the power at the car wash. There is no water or sewage hooked up to the RV. The car wash has a shower and sanitary facility in the equipment room. Since the unit has been at the site, noise, theft and vandalisrn have decreased. One person signed to speak in opposition to the project. Concerns expressed were the appearance of the RV, a residential use in a commercial zone, and need for additional space for the RV. Being no other speakers the public hearing was closed. Comprehensive Plan Analysis - There were no applicable items pertaining to the Comprehensive Plan. Moved by Commissioner Huyck, seconded by Commissioner Gilbert, passed by a unanimous voice vote. 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 Engineering and Fire Department were noticed; 2) � based on public testimony and letters that were received vandalism has been reduced; 3) Section - 2.3.1 of the application report should read C-3 and not R-2; 4) Section 2.4 of the application report should read 1997 not 1996; 5) the properly is zoned C-3 and is surrounded by G2 and C-3 zoning; 6) the existing RV will be upgraded; 7) the unit that is currently on the site is 26 feet in length; 8) customers feel safer with an attendant at the site; 9) the applicant will be required to obtain a building permit and hook up to City sewer and water and meet City Code; 10) there was objection to the appearance of the unit; 11) Section 7.04 of the application report should be voided because it is not applicable; and 12) this is a Special Use Permit and subject to an annual review, therefore, if violation occurs the permit can be voided. Moved by Commissioner Huyck, seconded b� Commissioner Nachtigall, to accept the Findings of Fact as stated. Roll Call: Yes: Sonia Huyck, Mike Nachtigall, Bill Gilbert, Charles Murphy No: None MOTION CARRIED Conclusions of Law - Based on the Findings of Fact, the Planning and Zoning Commission determined that a need has been established to help cut down on noise pollution, vandalism, and the maintenance for the car wash, and all legal requirements have been met. Moved by Commissioner Huyck, seconded by Commissioner Nachtigall, that the Conclusions of Law be approved as stated. Roll Call: Yes: Sonia Huyck, Mike Nachtigall, Bill Gilbert, Charles Murphy No: None MOTION CARRIED July 24,1997, Minutes Page 4 Moved by Commissioner Gilbert, seconded by Commissioner Nachtigall, that based upon these Findings of Fact and Conclusions of Law, the Planning and Zoning Commission hereby approve the request by Randy Couch for a Special Use Permit to provide an on-site security guard dwelling at an existing car wash located at 2800 E. Cleveland Boulevard and directs the Community Development Directar to prepare the Order of Decision, which shall include the following conditions: 1) the unit should be upgraded - skirting and painting; 2) all requirements of the City Code be met; 3) if the unit becomes unoccupied for a period of 30 day, the unit should be removed; and 4) the unit can be replaced with a newer model upon approval of the Community Development Director. Roll Call: Yes: Bill Gilbert, Mike Nachtigall, Sonia Huyck No: Charles Murphy MOTION CARRIED Anyone interested in filing an appeal may contact the Community Development Department. 3. Case Nos. SUP-19-97 and VAR-OS-97, for approval of a special use permit to develop an , 80 -lot mobile home park on approximately 19.39 acres located in the M-1 zone, and for � approval of variances from the requirement of two accesses to the public street, and the public street right-of-way width of 56 feet, as noted under Section 10-OS-04, subsection 6, Access to a Public Street. The site is located on the south side of Indian Creek, and between the northeast side of the Union Pacific Railroad and the southwestern side of Chicago Street. Linda James presented the Application Report. She reviewed Exhibits PZ 1000, a location map showing the site and the surrounding zoning; A-8, an Affidavit of Legal Interest, which stated that Caldwell Unlimited has signed a legal interest; PZ1001, a copy of the site plan; A-3, a letter from Department of Water Resources; PA-4, a letter from Pioneer Irrigation District. The City Engineer informed Mrs. James that the right-of-way for Chicago Street in that area is 80 feet, therefore, this Variance request of the applicant's request is a moot point. There was no renters agreement or covenants submitted by the applicant. Jim Howard, JJ Howard Engineering, testified that there will be patios installed when the homes are moved in, their exact location of those will depend on where the home is set. Lighting will be installed. There will be a privacy fence place on the east portion of the project. There will be a chain link fence on the rest of the perimeter. There will be two parking spots available for each lot. There will be sidewalks on both sides of the road. There will pressurized irrigation to the site including all common areas. City water and sewer will available to the site. The ma�mum depth of the storm water drainage will be two feet and will be fenced. The developer will work with the Fire Department to satisfy their needs regarding access to the park. One person signed up in favor. Two persons signed up in opposition. Concerns expressed were children being able to access Indian Creek, noise, air pollution, and traffic congestion. There were many unanswered questions; it was the general consensus of the Commission to have the public hearing continued to the ne� scheduled hearing date of August 14, 1997. Moved by July 24,1997, Minutes Page 5 + Commissioner Huyck, seconded by Commissioner Nachtigall, to continue this hearing to August 14, 1997, so that the applicant can bring the following information: 1) rental agreement, restrictions, and covenants; 2) the location of parking spaces; 3) what type of recreational equipment will be placed in the park; 4) fiu�ther input from the Fire Department regarding street names and interior access. Roll Call: Yes: Sonia Huyck, Nlike Nachtigall, Charles Murphy No: None MOTION CARRIED VII DISCUSSION ON PLANIVING ISSUES: None VIII ADJOUR1vMENT: Chauman Roos adjourned the meeting at appro�mately 10:25 p.m. July 24,1997, Minutes Page 6