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Home My WebLink About6-8-2010 P&Z MINUTES 1 1 � � CALDWELL PLANNING AND ZONiNG COMIVIISSION MINUTES p�,'R ��.�� k CC11�G�,� June 8, 2010 I. Call to Order — Acting-Chairpersou Scholz cal led the meeting to order for the public l�earing at 7:00 p.m. II. Roll Call- Members Present: Ken Scholz, David Clark, Ed Doty-Pomoransky and Dana Vance. Disclasures: Dana Vance recused herself from Case Number SUP-332-10. Members Absent: Mike Jakobson Staff Present: Anne Marie Skinner (Senior Planner/Development Team Leader), Brent Orton (Public Works Director), Brian Billingsl.ey (Planning Director) and April Cabello (Planning Technician) Staff Absent: None Review of Proceeding — Acting-Chairperson Scholz announced the procedures for the public hearing. III. OLD BUSINESS A. Approve minutes of April 13, 2010 meeting as signed by Chairperson Jakobson on May 4, 2010. MOTION: Commissioner poty-Pomoransky SECOND: Commissioner Clark. Unanimously approved. IV. NEW BUSINESS A. Elect Ken Scholz as vice-chairperson far the remaining year of 2010. MOTION: Commissioner poty-Pomoransky SECOND: Commissioner Clark. Unanimously approved. B. Case Number SUP-332-10 a request by Caldwell School District, Van Buren Elementary School and Superior Signs for a special use permit for an electronic reader 1 P&Z Minutes 6/8/2010 , � � board as well as signage exceeding 32 square feet in an R-1 Low Density Residential r zone. The proposed signage site is Van Buren Elementary School addressed as 3115 ' Marble Front Road. Testimony: 1) Anne Marie Skinner, Senior Planner/Development Team Leader, presented the staff report and submitted an aerial photo labeled as exhibit PZ-1000. Ms. Skinner read into the record an email of opposition dated June 8, 2010 from Mike Kaplan, labeled as exhibit PZ-1001. 2) Commissioner Clark asked about exterior lighting in the surrounding area. 3) Brent Orton, Public Works Director, stated he would research street lights in the area and have an answer before the closing of the public testimony. 4) Commissioner poty-Pomoransky stated his concern for the subdivision across the street from the school and the location of the sign. 5) Melissa Langan, applicant, signed in favor of the application and provided supporting testimony. Ms. Langan informed the commission that the PTA raised the funds to pay for the sign and no tax dollars would be spent on the design, construction and installation of the sign. 6) Commissioner Scholz wanted to know if other schools turn off their reader board signs at night. 7) Ms. Skinner said to the best of her knowledge there are two schools that do not turn off their signs at night. 8) Mr. Orton stated that there are two street lights across the street from the school at the intersection. 9) Ms. Langan stated they have the option to dim the sign at night. MOTION TO CLOSE TESTIMONY: Commissioner Clark SECOND: Commissioner poty- Pomoransky Passed: Unanimous roll call vote. Comprehensive Plan Analysis SUP-332-10 — Acce�ted MOTION: Commissioner poty- Pomoransky SECOND: Commissioner Clark Passed: Unanimous roll call vote. Findings of Fact on Case Number SUP-332-10 — Accepted MOTION: Commissioner poty- Pomoransky SECOND: Commissioner Clark Passed: Unanimous roll call vote. Conctusions of Law on Case Number SUP-332-10 —The conclusions of law were read and accepted. MOT[ON: Commissioner poty-Pomoransky SECOND: Commissioner Clark Passed: Unanimous roll call vote. �RDER OF DECISION on Case Number SUP-332-10- MOT[ON: Commissioner poty- Pomoransky SECOND: Commissioner Clark Approved with conditions 8.1 through 8.17. C. Case Number SUY-333-10 a request by Bobby Butler and Jeffery Miller for a special use permit for an auction in an M-1 Light Industrial zone. The proposed site is addressed as 415 Belmont Street. Testi mony: 2 P&Z Minutes 6/8/2010 1) Anne Marie Skinner, Senior Planner/ Development Team Leader, presented � ' the staff report and submitted an aerial photo labeled as e�chibit PZ-1000. 2) Commissioner Vance asked if all of the building would be used for the ', auction. I, 3) Ms. Skinner replied that part of the building will be used for the auction. ', 4) Commissioner Scholz asked what type of auction this would be. � 5) Ms. Skinner deferred the question to the applicant. 6) Jeff Miller, applicant, signed in favor of the application and provided supporting testimony. Mr. Miller stated the auction was originally scheduled for Saturday s but has now been changed to Tuesday evenings. Mr. Miller explained that this is not a consignment auction because this auction is new items obtained from liquidators, close-out stores or businesses that have closed. 7) Commissioner Scholz asked what type of clientele will attend the auction. 8) Mr. Miller stated the auction is geared towards farmers, plumbers and construction workers. 9) Commissioner Scholz asked if commercial items would be auctioned and confirmed the hours of operation. 10) Mr. Miller replied that the hours of operation would be 5:30pm to 9:OOpm and lawn mowers, coffee pots to outdoor stuff would be auctioned. 11) Commissioner poty-Pomoransky asked if the intent is to establish and grow the business. 12) Mr. Smith replied yes. 13) The Commission, Staff and the applicant, discussed the parking requirements. 14) Bobby Butler signed in favor of the application and stated he is the property owner. Mr. Butler said that they had hired a company to rent out a portion of the building and had been told by this company they would make sure the tenant is aware of all the City Codes, which did not happen. He stated they are willing to do whatever is required to help the tenant go forward with the auction. 15) Ms. Skinner stated that a mistake was made when calculating the auction area sq. ft. and that the correct sq. ft. is 1932. Ms. Skinner said that the conditions of the special use will change and that condition 8.13 will need to be changed from six off-street parking spaces to thirteen off-street parking spaces and one of the thirteen shall be an ADA-accessible. 16) Silvestre Castaneda signed in favor of the application and stated the building is in a good location. Mr. Castaneda said the business is a good choice and the special use should be approved. 17) Commissioner poty-Pomoransky asked staff how long can the business operate with a Temporary Certificate of Occupancy. 18) Ms. Skinner explained the process of a Temporary Certificate of Occupancy. MOTION TO CLOSE TESTIMONY: Commissioner Vance SECOND: Commissioner poty- Pomoransky Passed: Unanimous roll call vote. Comprehensive Plan Analysis SUP-333-10 — Accepted MOTION: Commissioiier Vance SECOND: Commissioner Clark Passed: Unanimous roll call vote. Findings of Fact on Case Number SUP-333-10 — Accepted MOTION: Commissioner Vance SECOND: Commissioner Clark Passed: Una��imous roll call vote. 3 P&Z Minutes 6/8/2010 Conclusions of Law on Case Number SUP-333-10 —Tbe conclusions of law were read and , accepted. ]VIOTION: Commissioner Vance SECOND: Commissioner Clark Passed: Unanimous ' roll calt vote. OItDER OF DECISION on Case Number SUP-333-10- MOTION: Commissioner Vance SECOND: Commissioner Clark Approved with conditions 8.1 through 8.12 with the following correction: • Correction to 8.13 from six off-street parking spots to thirteen off-street parking spots with one parking spot being ADA compliant. D. Case Number SUP-334-10 a request by A Storage West, Clearwire and Jason Evans for a special use permit for a new wireless communications/internet tower in a C-3 Service Commercial zone. The proposed site is addressed as 4224 Dearborn Street. Testimony: 1) Anne Marie Skinner, Senior Planner/Development Team Leader, presented the staff report and submitted an aerial photo labeled as exhibit PZ-1000. 2) Commissioner Clark asked the color and height of the tower. 3) Ms. Skinner stated the tower is 80 feet high and deferred the question about the color to the applicant. 4) Jason Evans, applicant, signed in favor of the application and provided supporting testimony. Mr. Evans stated the color is normally galvanized but can be any color. MOTION TO CLOSE TESTIMONY: Commissio�ier poty-Pomoransky SECOND: Commissioner Vance Passed: Unanimous roll call vote. Comprehensive Plan Analysis SUP-334-10 — Accepted MOTI�N: Commissioner Vance SECOND: Commissioner Clark Passed: Unanimous roll call vote. Findings of Fact on Case Number SUP-334-10 — Accepted MOT10N: Commissioner poty- Pomoransky SECOND: Commissioner Clark Passed: Unanimous roll call vote. Conclusions of Law on Case Number SUP-334-10 —The conclusions of law were read and accepted. M:OTION: Commissioner poty-Pomoransky SECOND: Commissioner Clark Passed: Unanimous roll call vote. ORDER OF DECISION on Case Number SUP-334-10- MOT[ON: Commissioner Clark SECOND: Commissioner Vance Approved with conditions 8.1 through 8.15. 4 P&Z Minutes 6/8/2010 . E. Case Number SUP-335-10 a request by AT&T/Cingular Wireless, Clearwire and Jason ' Evans for a special use permit for a twenty-foot extension to an existing wireless telecommunications tower in a C-2 Community Commercial zone. The site is addressed as 2312 Linden Street. Testimony: 1) Anne Marie Skinner, Senior Planner/ Development Team Leader, presented the staff report and submitted an aerial photo labeled as exhibit PZ-1000. 2) James Evans, applicant, signed in favor of the application and provided supporting testimony. MOTION TO CLOSE TESTIMONY: Commissioner poty-Pomoransky SECOND: Commissioner Clark Passed: Unanimous roll call vote. I Comprehensive Plan Analysis SUP-335-10 — Accepted MOT10N: Commissioner Clark I � SECOND: Commissioner Vance Passed: Unanimous roll call vote. I �� Findings of Fact on Case Number SUP-335-10 — Accepted MOTION: Commissioner Clark SECOND: Commissioner poty-Pomoransky Passed: Unanimous roll call vote. � Conclusions of Law on Case Number SUP-335-IA —The conclusions of law were read and I accepted. MOTION: Commissioner Clark SECOND: Commissioner Vance Passed: Unanimous ' roll call vote. ORDCR OF DECISION on Case Namber SUP-335-10- M:OTION: Commissioner poty- Pomoransky SECOND: Commissioner Vance Approved with conditions 8.l through 8.14. F. Case Number ZON-69-10 a request by the City of Caldwell Planning and Zoning Department for a rezone from R-2 Medium Density Resideniial to C-4 F►•eeway Commercial and M-1 Light [ndustrial to R-2 Medium Density Residential for approximately 48.4 acres of land. The area to be zoned C-4 Freeway Commercial is located between Chicago Street and Galveston, east af Centennial Way with a small parcel on the corner of Chicago and Belmont. The area to be zoned R-2 Niedium Density Residential is located on the south end of Whittenberger Park Testimony: 1) Brian Billingsley, Planning Director, presented the staff report and submitted an aerial photo labeled exhibit PZ-1000. 2) Andy Yee signed in neutral of the application and explained his neutral standing. 3) Llyod Lynd Sr. signed in neutral of the application and asked what the zoning C-4 stands for and the definition. 4) Commissioner Scholz suggested that staff give Mr. Lynd a copy of the definitions and suggested that Mr. Lynd set up a meeting with the P&Z staff for further clarification if needed. 5 ' P&Z Minutes 6/8/2010 � MOTION TO CLOSE TESTIMONY: Commissioner Clark SECOND: Commissioner poty- , Pomoransky Passed: Unanimous roll call vote. � Comprehensive Plan Analysis ZON-69-10 — Accepted MOTION: Commissioner Clark SECOND: Comtnissioner poty-Pomoransky Passed: Unanimous roll call vote. Findings of Fact on Case Number ZON-69-10 — Accepted MOTION: Commissioner poty- Pomaransky SECOND: Commissioi�er Clark Passed: Unanimous roll call vote. Conclusions of Law on Case Number ZON-69-10 -Tl�e conclusions of law were read aud accepted. MOTION: Commissioner Ciark SECOND: Commissioner poty-Pomoransky Passed: Unanimous roll call vote. Recommendation on Case Number ZON-69-10 - MOTION: Commissioner poty-Pomoransky SECOND: Com.missioner Vance A�proved with conditions S.1 through 8.2 G. Case Num6er ZON-70-10 a request by the City of Caldwell Planning and Zoning Department for a rezone from GC City Center to M-1 Light Industrial for approximately 23.7 acres of land. The site is located north of Simplot Boulevard and east of Centennial Way. Testimony: 1) Brian Billingsley, Planning Director, presented the staffreport and submitted an aerial photo labeled as ex.hibit PZ-1000. 2) Commissioner poty-Pomaransky stated that in 2002 there was a planned round-about at the intersection of Centennial and Simplot and wanted to know if the round-about will be built. 3) Brent Orton, Public Works Director, stated tlie round-about is still on the table but the plans tl�at had been preseuted at the time was too large and would need to be smaller.lVlr. Orton stated the purpose of the round-about would be a single point of connection between Simplot, Cleveland, Blaine and Centennial Blvd. MOTION TO CLOS� TESTIMONY: Commissioner Clark SECOND: C�mmissioner poty- Pomoransky Passed: Unanimous roll call vote. Comprehensive Plan Analysis ZON-70-10 — Acce�ted MOTION: Commission.ec Clark SECOND: Commissioner poty-Pomoransky Passed: Unanimous roll call vote. Findings of Fact on Case Number ZON-70-10 — Accepted MOTION: Commissioner :Doty- Pomoransky SECOND: Commissioner Clark Passed: Unanimous roll call vote. Conelusions of Law on Case Number ZON-70-10 —The conclusions of law were read and accepted. MOTION: Commissioner Clark SECOND: Commissioner poty-Pomoransky Passed: Unanimous roll call vote. 6 P&Z Minutes 6/8/2010 � r Recommendation on Case Number ZON-70-10 - MOT10N: Commissioner poty-Pomoransky '' �� SECOND: Commissioner Vance Approved with conditions 8.1 through 8.2 � V. Planning Issues � None VI. Adjournment Adjourn public hearing M:OT10N: Commissioner poty-Pomoransky SECOND: Commissioner Clark Passed: Unanimous roll call vote. The meeting was adjounled at approximately 9:00 pm. 1VIINUTES APPROVED AND SIGNED BY ACTING CHAIRPERSO.N KEN SCHOLZ ON THE DATE TED BELOW: ��J..�'ia � Ken Scholz 1 Date � �� ' ' h � � �., .� r � �,_ ,..J t! M1 } t 'i i 7 f ' � � t ATTEST: � j' ; ' ` l`: ,a i . ��-.� °',- ` Anne Mari.� � k nner, Senio�`r P�aiiner/ eve aj�men , eader v �__. 7 P&Z Minutes 6/8/2010