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HomeMy WebLinkAbout1978-01-19 P & Z MINUTES PLANNING AND 'ZONING COMMISSION MINUTES Tanuary 1n , 1978 emN The meeting was called to order at 7 : 30 p .m. in the Council Chambers by Chairman Don Tolley . Present were Starr Farish, Ralph Nyblad , John Hull , John Pilote , Tom Fnsley , Bob Carpenter, Mel Lewis , George Dufur, Al McCluskey and Pete nlesen. Also attending were Mayor Pasley and Council members Alta Williams , Marilyn Bauman and Ken Hopper. 78-1-1 First item on the agenda was the reorganization of the Board for 1978 . Don Tolley called for nominations for Chairman. Tom Ensley moved and Starr Farish seconded the nomination of Don Tolley for Chairman. Ralph Nyblad moved the nominations cease and a unani- mous vote be cast . The motion was seconded by John Pilote and carried . Starr Farish moved that John Pilote be nominated for Vice Chairman. John Hull seconded the motion. Tom Ensley moved that nominations cease and a unanimous ballot be cast . The motion, which was seconded by John Hull , carried. The nomination of Starr Farish for secretary was moved by John Hull and seconded by John Pilote. Ralph Nyblad moved that nominations cease and a unani- mous vote be cast . Tom Ensley seconded the motion . Motion passed . John Hull , John Pilote and Starr Farish have been reappointed to the Planning and Zoning Commission with terms to expire in 1980. There are two vacancies at the present time to be filled by ap- pointment by the Mayor with the approval of the Council . "-RN The minutes of the December 15 , 1977 , meeting were read and approved Chairman Tolley then opened the public hearing for a special use permit requested by William Ferro for a television and electronic equipment repair shop in his home at 2813 S . Indiana Avenue . Mr. Ferro circulated a petition under the old ordinance and obtained 78% approval of property owners within 300 feet . He was asked by the City Engineer to define the parking area intended and designated the land around the shop building behind the residence to accommodate that use . There was some discussion concerning the right-of-way for Poplar Street which would be 28 feet on the north side of Mr. Ferro' s property and extend for the length of it approxi mately two blocks . Mr. Ferro said he had not thought about deeding the right-of-way at this time but would give it some consideration. No objections were voiced from the audience to allowinc the 78-1-2 special use permit . It was therefore moved and seconded by John Hull and Ralph Nyblad that the special use permit for the television and electronic repair shoo be granted to Mr. Ferro . After a vote , the motion carried. Starr Farish abstained . The public hearing for the zoning recommendation of R-1 prior to annexation of the Sines property located just south of and con- tiguous with the south border of Montana Manor Subdivision on S . Montana Avenue was opened and Tolley called for testimony from 78-1-3 the audience . Hearing no comments , John Pilote moved that the N recommendation be made to the Council to accept this area for annexation and that it be zoned R-1 . The motion was seconded by Tom Ensley and , upon vote , passed. -1- _2_ Next on the agenda was the public hearing for the rezoning request for Lots 1-4 and 21-24 , Block 104 , Goandu Addition. Property owners are asking that the zone he changed from R-2 to C-2 for 100 ' depth on the east side of Kimball between Grant and Fillmore Streets . Mr. Lewis explained that the change would have to be considered under the extent of flexibility of use zones in the Comprehensive Plan. The Plan shows this area as medium density with the closest commer- cial zone being diagonally across the street where the M and W Market is located in a C-2 district . The following testimony was offered : Jack Thomas of 819 Grant Street objected to the rezoning because he felt it might affect his taxes . Mrs . Thomas spoke in behalf of Harold Choat, 812 Fillmore Street , and stated he objected on the same grounds. Alta Williams reported that Pearl Brockman, 718 S . Kimball, was unable to attend the meeting but was very much in favor of the rezoning. Mrs . Altha Bish, who is anticipating using the residence on Lots 1 and 2 for a real estate office, stated that the property would be improved and thus increase neighborhood pro- perty values. According to Don Dunn, owner of Lots 21-21i , the present office on that site would be sold to a party interested in a gift-novelty shop business . Mayor Pasley urged positive action as the neighborhood and property values would be improved . Marilyn Bauman advised that the list of permitted uses in the C-2 zone be examined since that land adjacent to the golf course and park could be opened up to a wide range of commercial activity. After consid- 78-1-4 erable discussion , Ralph Nyblad moved that action on this request be delayed untillater in the meeting. John Hull seconded the motion. Motion carried . Don Tolley then declared the public hearing closed . egiN A preliminary of a plat of Spring Meadow was submitted for consider- ation by the Planning and Zoning Commission . The plat is located on S. 10th Avenue (Bill Crookham ' s property) adjacent to the city limits . Annexation will he requested . Several comments were made by the City Engineer with regard to the proposed subdivision. Lot dimensions were not adequate for a few of the lots and a variance would be required for another. Street development would depend on obtaining right-of-way from adjacent owners and improvement must conform with city policies . The pedestrian-bicycle path shall be maintained along S . 10th with the width that now exists . Irrigation, sewer; drainage, and underground utilities must be provided. There is some quest at this time about tiling and/or rerouting the Low Line Canal anal*fll have to be determined. The street layout is in accordance with the School District 's plan for the development of Spruce Street . Orville Collins was present and said Wamplers are willing to dedicate their 28 feet of right-of-way to go with the 28 78-1-5 feet the School District will give . Following discussion , Tom Ensley moved that the preliminary plat he accepted and recommended to the City Council contingent upon the developer' s compliance with the stipulations in the Engineer's report . Motion was seconded by Starr Farish and passed. Mr. Lewis stated that in addition to the request for the annexation of Spring Meadow, his office had requests on file from other proper- ties on S . 10th Avenue . These are the Caldwell Bus Company , the Caldwell School District and Kingslier. Darrel Deide , Superintendent of Schools , said that the School Board would consider the annexation at their next Monday night meeting. Mr. Kenneth Douglass , whose property is located between proposed Spring Meadow and the Caldwell -3- Bus Company, has not requested annexation. His property would there- fore become an enclave upon annexation of the other properties . 1 Some discussion ensued concerning including the Douglass property in the proceedings , but it was decided to consult with the City Attorney on whether or not it would be proper to annex an enclave that had been created by the annexation of surrounding property. 78-1-6 Bob Carpenter moved that a public hearing be established for zoning of the properties requesting annexation and that an R-1 zone be recommended. Motion was seconded by John Pilote and. , upon vote, carried. The public hearing will he held on February 16 , 1978 . At this time Chairman Tolley asked the Commission to consider establishing some guidelines for granting special use permits for duplexes in an R-1 District . Mel Lewis pointed out the figure for low density residential according to the Comprehensive Plan is 4-6 dwelling units per acre . Under this criterion, six single family dwellings or 3 duplexes could be allowed . Essentially, he said, it is a matter of concentration and the problem is one of control. For example , in a given acre, should building permits for duplexes be allowed on a first-come , first-served basis until the desired density is reached for dwelling units , or should the policy be to permit one duplex per acre and restrict the other four lots to single family residences . Another point brought up was the lot size and if a larger lot could be required as a condition of the special use permit . After further discussion, it was the concensus that more time would be needed to formulate a set of guidelines . A special meeting on this topic will he held at noon on Wednesday, February 1 , at the Saratoga Hotel . A special use permit for a duplex on Lot 3, Block 2 of proposed Spear Subdivision located on W. Oak Street has been requested by Jack Noble. A building permit has already been issued for a tri- plex on Lot 4 and Mr. Noble ' s plan is to provide an access driveway between the two with the required parking adjacent to the buildings . The City Engineer pointed out that in the event the ownerships of the two lots were divided, a written agreement of the use of the driveway might be desirable . Since Noble ' s design appeared to be adequate , the Commission agreed to set a public hearing on February 16 for consideration of the duplex with the understanding that he was aware they would meet prior to that time for discussion of duplexes in the R-1 zone . Mrs . Karl Stoehr appeared before the Commission requesting a special use permit for a duplex or two-family dwelling to be constructed on Lot 4 , Block 5 of Sylvan Manor. Parking, area and setback require- ments will be met . The Commission established February 16 as the date for a public hearing on Mrs . Stoehr's request . An application has been submitted by the L. D.S . Church for a special use permit to use the property at 1203 Willow Street (Lot 12, Block 13 of Mountain View Subdivision #2) as a seminary school for religious instruction . Hal Mickelson presented the application and stated it was the intention to provide parking through the alley in back of l the lot . The present structure may be remodeled or a permanent structure built in the future. Permission was requested by Mr. Mickelson to discuss the use of the property with the neighbors and , if their reaction was favorable , he would inform the Engineering Department to proceed with the public hearing notification. -4- Mr. Timmons was not present to discuss a variance for two building permits on property too small to plit in Tract 7 of Mountain View /, Subdivision #2 . Mayor Pasley informed the Commission that State laws and bylaws of the Commission were in conflict regarding residency requirements . The City Council is therefore enacting an ordinance to correct this by removing residency requirements for all boards and commissions . The boards and commissions would then adopt a policy for residency require ments or other requirements they would want concerning eligibility for appointment . The following ideas were presented : (1 ) broad representation on the Board , to include women and possibly a realtor, builder, developer, architect , etc . ( 2) attendance requirements (3) percentage of appointees from the impact area. Tolley appointed John Pilote , Bob Carpenter and Starr Farish to write a policy to to present at the noon meeting February 1 . The policy can then be formalized and given to the Council for their regular meeting Feb- ruary 7 to be read along with the third reading of the ordinance . Mr. Pilote will chair the committee . The discussion on Expansion of Nick ' s Mobile Manor was postponed as Mr. Lanham was not at the meeting. Mr. Lewis then explained the situation on property being purchased by Richard Portenier at 2711 S. Indiana Avenue . The property has 83. 99 feet of frontage on Indiana and extends east 180 feet . A consideration of issuing a building permit for Mr. Portenier to construct a single family residence on the site would be the deed- ing of the north half of Poplar Street right-of-way, 28 feet for the entire 180 feet across the south side of his property . This would reduce the frontage of the building site to 55 . 99 feet , which would require a variance. However, if this were considered as a lot of record with the right-of-way already given , no variance would be necessary providing the setbacks were met . The concur- rence of the Commission to consider this a lot of record and to accept Poplar under the half r/w policy to be held until the full right-of-way is acquired was the action sought by the City Engineer. 78-1-7 A motion to confirm the Planning and Zoning Commission ' support of this action was made by John Hull and seconded by John Pilote . Motion carried. Leroy Atwood was not present to discuss the use of property at 18th and Main for a triplex . Mrs . Elsie Steel appeared before the Commission and asked them to consider rezoning her property at 3rd and Fillmore from R-3 to a commercial zone . She has discussed the sale of her property with two prospective buyers under the old zoning, which was commercial . She informed both that she would not be able to sell until March, at which time one or the other is expected to return to finalize the transaction. The Commission could either "spot" rezone her property or allow her to sell it as commercial with the understanding conveyed to the buyers that any commercial use permitted under the 1 old commercial zone could go in but would be considered a nonconfc"' -5- • use. After a discussion , Mrs. Steel was asked to get a letter of confirmation from one of the intended buyers that they intend to ,I'm) take possession in March . The Commission would then reconsider her request having received that information. Mr. Paul Miller wants to lease the property at 512 Kimball as a paper collection center for recycling. The building is now in an R-3 zone . Mr. Miller explained the business would be the collection of newspapers to be tied in bundles and stored for delivery to an insulation company on Wednesdays and Fridays . The last use of the property was the "Clothes Pin" which sold second hand clothing. It was suggested that the recycling of newspaper could be considered a continuation of its former use; and, since the paper collection 78-1-8 project would not be permanent, Ralph Nyblad moved that Mr. Miller be permitted to use the building at 512 N. Kimball for that purpose. The motion was seconded by John Hull and passed after a vote . Bob Carpenter reported that the next step for zoning in the impact area would be to contact George Ottens and set a date for a joint meeting with the County to go over the recommendations made by the committee. He agreed to establish a meeting date and will inform the Commission. At this time consideration was given to rezoning part of Block 104 , Goandu Addition. Mr. Lewis said he had been informed by Alta Wil- liams that the Thomases withdrew their objections to the rezoning after talking with Don Dunn. He further stated the Commission ' s decision would be a recommendation to the Council to consider the zone change and they would have to consider it with the flexibility of the lines on the Comprehensive Plan. Tolley reminded the members of the Attorney General ' s opinion that some flexibility could be used until areas where the zoning adopted might be in question can be defined and resolved; but once these were settled, a tightening 78-1-9 should occur. After a discussion, a motion was made and seconded by Ralph Nyblad and Bob Carpenter that a recommendation be forwarded to the Council to rezone Lots 1-4 and 21-24 , Block 104 , Goandu Ad- dition from R-2 to C-2 . Four voted in favor of the motion, 1 against and 1 abstained. Motion carried . Additional action by the Commission was to set a public hearing for February 16 for the rezoning from R-3 to C-3 of property adjacent to the Holiday Motel between Galveston and the interstate highway at the request of Mrs . Beth Trumbull and Richard Williams . A list of persons proposed for the vacancies on the Commission is as follows : Margaret Gigray , Luanne Enochs , Charlene Matheson , Steve Marshall , Mary Higdem, Shirley Conger and Howard Howell . There will be a work session on policy Thursday , February 9 at 7 : 30 p.m. in the Council Chambers . Meeting adjourned at 11 : 00 p .m. Respectfully submitted , Sylvia Robison Secretary pro tem