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HomeMy WebLinkAbout4-12-2011 P&Z MINUTES t i CALllWELL PLANNING AND ZONING COMMISSION 1VIIl�tUTES � °� • � � , .;��F�°3-���'<. . � r.,����.,� _,_ Aprii 12, 2011 L Call to Order— Vice-Chai.rperson Doty-Pomeransky called the meeti��g to order for the public hearing at 7:03 p.m. II. Roll Call — Members Present: Ed Doty-Pomoransky, Dana Vance, David Clark, Arvid Salisbury and Mike Pollard. Disclosures: None ' Members Absent: Ken Scholz Staff Present: Anne Marie Skiimer (Senior Planner/Development Team Leader), April Cabello (Planning Technician), Robb 1VIacDonald (Assistant City Engineer) StaffAbsent: Brent Orton (Public Works Director), Brian Billingsley (Plauning and Zoning Director). Review of Proceeding — Vice-Chairperson Doty-Poinoransky announced tl�e proced�ires for the public hearing. III. Old Business A. Approve minutes of March 29, 2011 special meeting MOTION: Commissioner Clark SECOND: Commissioner Vance Passed: Unanimous roll call vote. IV. New Business A. Case Number SUB-114E-04 a request by Viper Investments and Trilogy Development for a one-year time extension on the preliminary plat approval of Windsor Creek Subdivision located at the southeast corner of Homedale Road and Lake Avenue. Testimony: 1 P&2 Minutes 4/12/2011 . r I � 1) Anne Marie Skinner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner/Development Team Leader, presented the staff report and submitted an aerial photo of the site labeled as e�ibit PZ-1000. ' i 2) Commissioner Vance wanted to know if the deadline was originally staggered allowing for a one-year timeframe completion per phase. I � 3) Ms. Skinner answered in the affirmative. I, � 4) Shawn Brownlee, 2358 S. Titanium Place, Meridian, ID 83642, applicant's � representative, testified in favor of the application. He stated the reason for ', the request was due to the economy. '' 1VIOTION TO CLOSE TESTIMONY: Commissioner Vance SECOND: Commissioner Clark Passed: Unanimous roll. call vote. Evidence List for Case No. SUB-114E-04 - Consisted of Exhibit PZ-] 000 (aerial photo of the subject property submitted Uy Anne Marie Skinn.er), the case file, the written and verbal staff reports and the sign-�tp sl�eets. MOTION: Commissioner Vance SECOND: Commissioner Clark Passed: Unanimous roll call vote. Findings of Faet on Case No. SUB-114E-04 — MOTION: Commissioner Vance SECOND: Commissioner Clark Passed Unanimous roll call vote. Conclusions of Law on Case No. SUB-114E-04 — MOT[ON: Con�missioner Salisbury SECOND: Cammissioner Clark Passed: Unanimous roll call vote. Order of Decision on Case No. SUB-114E-04 — MOTlON: Commissioner Clark SECOND: Commissioner :Pollard. The Commission voted unanimously to Approve with Conditions of Approva16.2 through 6.10. B. Case Number OA-137-11 a request by the Caldwell Planning and Zoning Departn�ent for an ordina�lce creating a new Article 13 (Mixed Use District) in chapter I 0 of the Caldwell Zoning Ordinance, specifically concerning the creation of the Traditional Neighborhood (T-N) Zone and the Highway Corridor (H-C) Zone and also amending Chapter 10, Article l, Section 3 regarding definitions of zoning districts. Testimony: 1) Anne Marie Skinner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner/Development Team Leader, presented the staff report, presented the proposed draft ordinance and reviewed in detail the permitted, special and prohibited uses for both the Traditional Neighborhood zone and the Highway District zone as well as sigrt�ge, fencing and landscaping regulations along with setback requirements. 2) Commissioner Salisbury questioned if existing uses would be grandfathered upon the zone change. 3) Ms. Skinner responded affirmatively. 2 P&Z Minutes 4/ 12/2011 . i 4) Commissioner Salisbury wondered if taxes would increase due to a zone change. 5) Ms. Skinner responded that taxation is assessed strictly on use, not on zone. 6) Commissioner Salisbury questioned the zero setback requirement in the new zones. 7) Ms. Skinner stated that all portions of the building needed to be contained on its own parcels, including foundations and overhangs. Ms. Skinner explained the reasoning for zero setbacks is to encourage attached buildings where the attachment wall is right on the properly line and these attached buildings are not possible in areas with setbacks. Additionally, for buildings that are detached, having zero setbacks doesn't negate easements and/or building code separation requirements depending upon fire sprinkling or fire-rated walls. 8) Commissioner Vance wondered if there were other areas designated for Traditional Neighborhood besides the areas Ms. Skinner addressed in her opening remarks. 9) Ms. Skinner pointed out the designated areas for Traditional Neighborhood on the Caldwell Comprehensive Plan map identified with a bluish-gray color and generally north of City Center and west of 10`�' Avenue and a small portion around the courthouse. There is certainly no reason why that can't be expanded and, a property that is adjacent to what the city rezones, could certainly make a request to rezone to Traditional Neighborhood if so desired. 10) Commissioner Vance questioned the permitted use of manufactured homes, mobile homes and manufactured home parks. 11) Ms. Skinner stated that by Fair Housing rules the City can't prohibit this type ! of housing. They are permitted in all of the other zones in the City as well. A j manufactured or mobile home park for an entire area requires special use permit approval. 12) Commissioner Salisbury wondered if manufactured or mobile homes needed to be on foundations. 13) Ms. Skinner explained the difference between a manufactured home and a mobile home as being the date of manufacturing. Those structures built prior to June 1976 are deemed mobile homes and those structures built after June 1976 are deemed manufactured homes and the ordinance requires manufactures homes to be on a foundation as well as being a minimum of 1,000 square feet. 14) Commission Clark further clarified that subdivisions as part of their CC&R's could restrict the use of manufactured or mobile homes. 15) Commissioner Clark wondered about the use of daycares or restaurants next to a single-family residential home and what is in place to protect those home owners. 16) Ms. Skinner stated the use of both is permitted under the proposed ordinance. She explained all of the building codes would have to be met. Additionally, all of the daycare ordinance requirements would have to be met including fire sprinkling and child-to-staff ratio. 17) Commissioner Clark wondered about manufacturing next to homes. 18) Ms. Skinner stated manufacturing is not permitted. A restaurant is permitted. Small engine/equipment repair requires a special use permit. A theatre requires a special use permit. Anything under manufacturing is prohibited. 19) Commissioner Clark wondered why staff felt enactment of this ordinance would spark development in the area. Was a study performed? How is this going to stimulate things? 3 P&Z Minutes 4/12/2011 , 20) Ms. Skinner stated no studies were performed, but rather, the decision was largely based upon phone calls and information received from current and prospective property owners in the area and the things they would like to do with the property. She further stated the permitted and special uses shown on the Land Use Table are fairly reflective of what is currently happening in the , designated areas. For financing purposes, non-conforming uses are more difficult to obtain financing for expansion, remodels, etc. It's easier to obtain � financing if the use is permitted outright, so this should make it easier for existing uses to expand and/or remodel is they so desire. 21) Commissioner Clark stated that essentially staff was trying to eliminate roadblocks for businesses and make it easier for them. 22) Ms. Skinner responded that was a fair assessment. 23) Vice-Chairperson Doty-Pomoransky had another question about grandfathering and specifically questioned the special use permit approval of used car sales on Simplot Boulevard and what would happen if they ceased operations. 24) Ms. Skinner responded that special uses that are vacant for a year or more require new special use permit approval. 25) Commissioner Vance wondered about the prohibition of bars. 26) Ms. Skinner responded that staff listed them as prohibited and if City Council would like to change that, they may do so at the hearing. 27) Commissioner Vance wondered what happens if the current bars become vacant and how staff knows or tracks this. 28) Ms. Skinner responded that staff can generally tell and, if there is any question, we can request utility bills which we've done in the past. Staff has used water bills quite frequently to determine dates of closure. Bars are permitted with special use permit in City Center zone and other zones, just not the new Traditional Neighborhood or Highway Corridor zone. 29) Commissioner Salisbury wondered what "repair services" referred to. 30) Ms. Skinner responded that the "repair services" refers to automobile repair which requires a special use permit and the definitions for such are listed under Section 10-03-11. 31) Commissioner Salisbury wondered about kennels. 32) Ms. Skinner responded that kennels require a special use permit. She further stated that the Commissioners could recommend any use change to anything staff has proposed. 33) Commissioner Vance wondered about prohibition of motels in the Highway Corridor. 34) Ms. Skinner responded with an explanation of the difference between hotels and motels and that hotels are permitted and the reason for that is we want to encourage hotels rather than motels in the Highway Corridor. 35) The Commissioners discussed with Ms. Skinner the possibility of changing the following: i. Group home from "permitted" to "special" in the Traditional Neighborhood zone (yes) ii. Homeless shelter from "permitted" to "special" in the Traditional Neighborhood zone (yes) iii. Rooming house/boarding house from "permitted" to "special" in the Traditional Neighborhood zone (yes) iv. Pawnshops from "not allowed" to "special" in the Highway Corridor zone (yes} 4 P&Z Minutes 4/12/2011 v. Auction from "not allowed" to "special" in the Highway Corridor zone (yes) vi. Taxidermy shop from "not permitted" to "special" in the Traditional Neighborhood zone and from "not permitted" to "permitted" in the Highway Corridor zone (yes) vii. Veterinary clinic/hospital from "permitted" to "special" in the Traditional Neighborhood zone (yes) viii. Bars from "not permitted" to "special" in the Highway Corridor zone (no) 36) Ms. Skinner explained the rezone process for the new Traditional Neighborhood zone including that public workshops would take place, all property owners would be notified several times and there would be a public hearing with the Planning and Zoning Commission to provide its input and give a recommendation to Council. 37) Commissioner Pollard questioned the zone of 10` Avenue. 38) Ms. Skinner responded that 10`�' Avenue is zoned commercial north of Cleveland, except the portion that is part of City Center and none of 10` Avenue is in the designated area for Traditional Neighborhood. MOTION TO CLOSE TESTIMONY: Commissioner Vance SECOND: Commissioner Sa(isbury Passed: Unanimous roll call vote. Comprehensive Plan Analysis for Case No. OA-137-11— MOTION: Commissioner Clark SECOND: Commissioner Salisbury Passed: Unanimous ro(1 cal] vote. Recommendation on Case No. OA-137-11— MOTION: Commissioner Vance SECOND: Commissioner Salisbury. The Commission voted unanimously to recommend A�proval with the following chavges: - Group Home from permitted to special in the Traditional Nei�;hborhood - Homeless shelter from permitted to special iii Traditional Neighborllood - Roomn�g l�ouse/boarding house fi permitted to special in Traditional Neighborhood - Pawnshops from not permitted to speciai in Highway Corridor - Auction fi•om not permitted to special in Highway Corridor - Taxidermy from not permitted to special in Traditional Neighborhood and from not permitted to permitted in Higliway Corridor - Veterinary clii�ic from permitted to special in Traditional Neighborhood C. Case Number OA-138-11 a request by tl�e Caldwell 1'lanning and Zoning Departmeut to amend portions of Chapter 10 regarding the zoning ordinance. Testi mony: 1) Anne Marie Skinner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner/Development Team Leader, presented the staff report and the proposed draft ordinance updates and changes. 2) Commissioner Salisbury confirmed that no changes were being made to the ordinance that would violate any vision triangle rules and Ms. Skinner responded affirmatively. 3) Ms. Skinner explained the administrative approval process. The process is rcat changing. What is changing is the percentage o� allowable 5 P&Z Minutes 4/12/2011 „ � increases/decreases from 25% to 33% being allowed through administrative approval. If administrative approvals aren't approved, the applicant has the option of requesting a special use permit or a variance. 4) In response to questions from Commissioner Vance and Commissioner Salisbury, Ms. Skinner explained no changes were being made to temporary signage rules or real estate signage rules. Ms. Skinner explained that a picket sign is one that is held by a person and those are allowed. As soon as that sign is not held by a person and is placed on the sidewalk or property, then it becomes a temporary sign. 5) The Commissioners discussed with Ms. Skinner the benefit of adding mobile food units as allowed uses year-round and stated that proposed change makes a lot of sense and will be useful to the community. 6) Ms. Skinner explained the process necessary to obtain a mobile food unit permit, including proof of insurance and registration, background checks of all employees, permission from the property owner, proof of driver's licenses, etc. Additionally, Southwest District Health and Caldwell Fire Department both have to inspect and approve the units prior to operation. She further stated that mobile food units are permitted in the City Center district currently and this change is an effort to make the rest of the City consistent with the City Center zone regarding mobile food units. 7) Ms. Skinner stated they are currently permitted in commercial zones for 6 months at a time, once per calendar year and that they have to cease business at the end of 6 months and can't re-open until the following calendar year. Commissioner Clark stated this didn't make sense and was very much in favor of the proposed change to allow them being set up year-round to be consistent with City Center and to allow them to have certificates for every location. 8) There was a discussion amongst the Commissioners regarding the proposed ,, allowed use of up to 3 chickens with a permit through the administrative approval process. Ms. Skinner explained that she has received numerous phone calls from citizens wanting to know why the City of Caldwell is the I only city in the Treasure Valley that doesn't allow chickens unless you have at least one acre of land. She went on to explain that both Boise and Nampa , allow up to 3 as pets and that Meridian doesn't have any rules regulating chickens. She explained that the majority of people want the chickens for free eggs. 9) Ms. Skinner emphasized the chickens had to be contained and that the noise of the chickens and smell of chicken waste could not become a nuisance. 10) The Commissioners felt this proposed allowed use was appropriate given the way it was written up in the ordinance and to be consistent with surrounding cities. 11) Commissioner Clark wanted to malce sure special use permits were transferrable to a different business owner on the same properly. 12) Ms. Skinner confirmed it as so. 13) Commissioner Clark wanted clarification on the changes to the special event permitting process. 14) Ms. Skinner responded that nothing was being done to change the process. Under the current code, the special event permit process is administered by the Planning and Zoning Department and that is no longer the case. The Parks and Recreation Department now administers those permits so the ordinance is being changed to be consistent with the department administering the actual permits. 6 P&Z Minutes 4/ 12/2011 , , r � MOTION TO CLOSE TESTIMONY: Co:mmissioner Vance SF,COND: Commissioner Clark Passed: Unanimous roll call vote. ! Comprehensive Plan Analysis for Case No. OA-138-11 — NIOTION: Cornmissioner Clark SECOND: Commissioner Salisbury Passeci: Una»imous roll call vote. Recommendation on Case No. OA-138-11— NIOTION: Commissio�ler Salisbury SECOND: Commissioner Pollard. The Commission voted unanimously to recommend Approval. V. Additional Old Business A. (continued from December 14, 2010 and from February 8, 2011) Case Number OA-133-10 a request by the City of Caldwell Traffic Commission to revise those portions of the Zoning Ordinance pertaining to Vision Triangles, specifically Chapter 10, Article 2, Section 6(signs) and Chapter 10, Article 2, Section 7 (fences) and Chapter 10, Article 7(landscaping). (THIS HAS BEEN CONT7NiJED TO JiJNE 14, 2011) VI. Planning Issues — A. The Commissioners were reminded of the special Planning and Zoning Commission hearing to be held on Wednesday, April 27, 2011 at 7:00 p.m. regarding the Flood Damage Prevention ordinance and the Joint Workshop with City Counci] to be held on Monday, May 2, 2011 a1 6:00 p.m. VII. Adjournment Adjourn public hearing MOTION: Commissioner Clark SECOND: Commissioner Vance Passed: Unanimous roll call vote. The meeting was adjourned at approxi�nately 8:24 pm. MINUTES APPROVED AND SIGNED BY VICE-CHAIRPERSON ED DOTY- POIVIORANSKY ON THE DATE NOTED BELOW: -�. �=-��. � ��-> - -� � � --�����������-�, �� , � � F�`��� �� �1.1 Ed Do�y�Pomoransky Date �' � ATTEST: � Ann arie Skinner, S i'o Planner/De Leader t� 7 P&Z Minutes 4/12/2011