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Home My WebLink About10-9-1997 P&Z MINUTES r , ,� . . . . ' ` C�iViMUNITY DEVELOPNIE�IT �3E�'A�T�iE�IT � ��. L� �� l' �� 621 CLEVELAND BLVD. `•�� CALDWELL, ID 83605 uNDA JAMES TELEPHONE 455-3021 Community Development Director FAX 455-3003 MINUTES OF TAE PLAN1vING AND ZOIVING COMNIISSION Meeting of October 9,1997 � 7:00 p.m. I CALL TO ORDER: Vice-Chauman Mike Nachtigall called the regular meeting of the Planning and Zoning Commission to order at 7:00 p.m., in the Caldwell City Hall Chambers. II ROLL CALL: � Present: Mike Nachtigall, Sonia Huyck, Bill Gilbert, Charles Murphy Absent: William Roos Staff: Linda James, Ann Marie Reyes III REV�W OF PROCEEDINGS: Vice Chairman Nachtigall explained the procedures for public hearings. N POLL FOR CONFLICT OF INTEREST: Members were polled for conflict of interest; none were expressed. V OLD BUSINESS: l. Approval of the September 11, 1997. A motion was made by Commissioner Huyck, seconded by Commissioner Murphy, to approve the minutes as amended. Passed unanimously by voice vote. Approval of the September 25, 1997 minutes. A motion was made by Commission Huyck, seconded by Commissioner Murphy, to approve the minutes. Passed by unanimous voice vote. VI NEW BUSINESS: 1. Case No. SUP-13A-97, a request by Donald Lane, for the Planning and Zoning Commission to review conditions placed on approval of the special use permit for tractor/trailer repair shop located in a C-4 zone. The site is more commonly known as 1311 Andy Lane. Linda James reviewed Case No. SUP-13-97 and the decision affirming the project that was made October 9, 1997, Minutes Page 1 : � by the Planning and Zoning Commission on June 12, 1997. Bob Brook's Trucking, the leaser of the land, has indicated that the site is being used as a truck terminal, and that there are no repairs other ' than on their own vehicles taking place in the shop. Linda James submitted E�chibit A-1, a letter from Don Lane stating that all trucks that are not being worked on will be parked at Sinclair Truck Stop. Mrs. James spoke with Mr. Johnston, with Union Oil, regarding Bob Brooks being able to use the Sinclair Service Station site, located at 2424 Franklin, in order to park their tractors and trailer. Mr. Johnston said Union Oil is entering into an agreement with Bob Brooks Trucking, which will permit the trucking firm to park all of the tractors and trailers at this site in exchange for purchasing fuel products from Sinclair. The use of the Andy Lane site for parking tractors and trailers should no longer be needed or used by Bob Brooks or any other entity as a trucking terminal. Two persons signed up in opposition. Concerns expressed were: deterioration of the road and safety concerns for the public with big heavy trucks on such a small road. Moved by Commissioner Huyck, seconded by Commissioner Murphy, that the Planning and Zoning Commission amend the conditions placed on Case No. SUP-13-97, by adding the following: 1) state that it is not a truck parking terminal, it is a repair shop only; 2) the Community Development Director is to receive a copy of the agreement between Bob Brooks Trucking and Union Oil no later than October 16, 1997; 3) only emergency repairs on loaded trailers will be permitted, and only tractors and trailers that are being repaired are permitted on site and are not to be left on site for storage. Roll Call: Yes: Sonia Huyck, Charles Murphy, Bill Gilbert No: None MOTION CARRIED Anyone interested in filing an appeal may contact the Community Development Department. Linda James suggested that a letter be written to Don Lane, copied to Bob Brooks and United Oil over Vice-Chairman Nachtigall's signature stating everything that has occurred at this hearing. The RV's that are on site are to be removed no later than October 16, 1997. If it is not remedied by that date, the permit could be revoked. Moved by Commissioner Huyck, seconded by Commissioner Murphy, that the Planning and Zoning Commission direct the Community Development Director to draft a letter addressed to Don Lane stating the motion that was made at this hearing and reiterating the previous conditions and the enforcement policy. The letter is to be signed by Vice Chairman Nachtigall. Roll Call: Yes: Sonia Huyck, Charles Murphy, Bill Gilbert No: None MOTION CARR�D 2. Case No. OA-11-97, a request by the Planning and Zoning Commission to amend the text of Zoning Ordinance No. 1451, Article 3, Section 10-03-02, Duties of the Planning and Zoning Director, by adding a provision for the Director to have authority to call for revocation of a permit, and to provide an appeal process of the same. Linda James presented the application report. She briefly stated the request is to provide a provision for the Planning and Zoning Director to have the authority to revoke a permit or to notify to someone who is in violation of any provision in the Zoning Ordinance without having to come before October 9, 1997, Minutes Page 2 , , � Planning and Zonina Commission members. Such authoritv should also inciude an appeal process for any decision made by the Director. Moved by Commissioner Huyck, seconded by Commissioner Gilbert, that the Planning and Zoning Commission hereby recommends approval of the request to amend the te�t of Zonin� ordinance No. 1�51, Article 3, Section 10-03-02, Duties of the Plannin� and Zoning Director, by adding a provision for the Director to have authority to call for revocation of a permit, and to provide an appeal process of the same; and forward the recommendation to Cit�� Council for final action. Roll Call: Yes: Sonia Huyck, Bill Gilbert, Charles Murphy No: None iVIOTION CARRIED 3. Case No. OA-12-97, to amend the te�rt of Zoning Ordinance No. 1451, Article 2, Section 10- 02-08, Nonconforming Uses, to permit residential dwellings in eYistence at the time of adoption of the Ordinance to be considered legal, conforming uses until the use is changed. Linda James presented the application report. The home owner will be able to make any changes and additions as long as they are able to meet setbacks and zoning requirements, without �oing through the Special Use Permit process to continue the residential use. The homes were �and fathered into the City under the existing zoning ordinance, because they were constructed before I 977. The Zoning Ordinance was worded in a way that if the owners ever wanted to expand the structure, remodel, or if it were to burn down more than 7�% or destroyed, they would have to seek a Special Use Permit to retain residential status. Moved by Commissioner Huyck, seconded by Commissioner Gilbert, that the Planning and Zoning Commission hereby recommends approval of the request to pernut residential dwellings in eYistence at the time of adoption of the Zoning Ordinance to be considered special uses until the use is changed, and forward the recommendation to City Council for final action. Roll Call: Yes: Sonia Huyck, Bill Gilbert, Charles Vlurphy , No: None '' MOTION CARRIED VII DISCUSSION ON PLAPtNING ISSUES: A decision was made to provide notice in the local newspaper that educational workshops to discuss planning and zoning, will be held at 12:00 p.m. the first week of the month; and at 5:00 p.m. the third week of the month. The meetings will be held at City Hall in the Conference Room. VIII ADJOURNMENT: Vice Chairman Nachtigall adjourned the meeting at approximately 3:15 p.m. October 9, 199'7, iv[inutes Page 3