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HomeMy WebLinkAbout1978-05-18 P & Z MINUTES PLANNING AND ZONING COMMISSION MINUTES June 15, 1978 The meeting was called to order at 7 : 30 p .m . in the Council Chambers by Chairman Don Tolley . Present were Starr Parish, Al McCluskey , Bud Grant , Bob Nicholes , John I'ilote , Budd Kehne , Bob Carpenter , Mel Lewis and Wayne Nielsen. The minutes of the May 18 meeting were read and approved . Tolley opened the public hearing for a chancre in the Land Use Sched- ule of the zoning regulations to permit residences in commercial and industrial zones and to add to the setback schedule the criterion that all residences located in commercial or industrial zones will have the same setback requirements as for residential zones . Since there were no comments , the hearing was closed and a motion made and 18-6-1 seconded by Starr Parish and Red Grant to recommend the proposed changes to the City Council . motion carried . The public hearing was then held for amending the section in the subdivision ordinance that refers to minimum corner lot dimensions from 8 , 000 sq . ft . to 7 , `,0O sq . ft . to be consistent with the zoning ordinance . No testimony was presented and the hearing was closed . 8-6-2 Bob Nicholes moved that the proposed amendment be recommended to the City Council and the motion was seconded by Dodd Kehne . Motion passed . Opened next was the public hearing on a variance requested by Kellog : ' s , Inc . , to construct a buildirj:r that would extend into the side setback area of the property at Warehouse , Dearborn and Paynter . Notice has been published and other legal requirements have been met . It was pointed out that other buildings in the area are built to the property line and do not have a ?fl-foot setback , which is a requirement in industrial zones under the new ordinance . As no objections were voiced to the rrrantinrr of the variance , the hearing was closed . A 18-6-3 motion was made by Rob Nicholes to approve the variance for the build- ing in the setback area . The motion was seconded by John Pilate and , after a vote , carried . A request has been submitted by Glenn Koch and Clarence Jenkins to obtain a second building nermit in less than a year on a tract near Meadow Avenue and Linden Street . The building permit will be eligible for issuance in November but the owners would like to build on the last available lot now because of a high water table which they en- countered last November during construction. Mr. Lewis stated that an easement and a rerouting of the drain will be required as a condi- tion of granting permission for obtaining the permit . The rest of the right-of-way for Linden will also be required . After a discussion , R-6-4 Bud Grant moved that nermt_ssion he rranted for Korb and Jenkins to receive the buildincr permit without waiting until. November subject to the stipulations outlined abo�re . Motion was seconded by Budd Kehne and passed . Mr. and Mrs . Rife were not nresent to discuss their request to vacate Georgia Avenue south of SyrinFra Lane . -1- The question of what permuted uses could be applied to the Sperry grocery store on the corner of 18th and Cleveland under the present zoning regulations was brought before the Commission again. Mr . pRIN Pierce Rawlins , broker for Mr. Sperry , inquired about the distinction between a grocery store and a small retail outlet business being conducted under the "grandfather" clause . Tolley explained to him that the grocery store is a non-conforming use in the R-2 residential zone and can be neither expanded nor changed . It was also noted that a majority of people living on Cleveland Boulevard would probably oppose any type of commercial enterprise trying to locate in the vicinity , at least at the present time . No action was taken in order to permit Mr. Eismann, an attorney , to familiarize himself with the City' s Zoning Ordinance . The preliminary plat of Nottingshire North on Georgia south of Linden was introduced by Mel Lewis . The following are his comments regarding the proposed subdivision : 1 . It will be served by city sewer; 2 . Lo- cust Street will have to be improved under the border street policy; 3. Georgia will require sidewalks ; 4 . Nottingshire North is a planned unit development and will be considered under those regula- tions ; 5 . The zoning is R-2 but a special use permit was granted for multi-family dwellings on the entire tract before the ordinance was passed and it will be honored for this development ; 6 . Approval of Pioneer Irrigation District will be required ; and, 7 . Engineering for the development will be provided by the developers . After Mel ' s 78-6-5 report , Bob Nicholes moved that the preliminary plat of Nottingshire North be recommended to the City Council for approval . The motion was seconded by John Pilote and carried. Next the preliminary plat of Muriel Heights , a proposed subdivision located in the imoa.ct area north of Ustick Road and east of Airport Avenue , was considered . Mr. Lewis reada letter addressed to George Ottens stating the subdivider 's intentions regarding improvements , and then discussed what would be involved in providing water , sewer, drainage and utilities to the subdivision since it is so far out . To reach the proposed subdivision with sewer and water would require going through property that is not yet developed and the cost would be great . The installation of dry sewer was also mentioned as a possi- bility. Other factors to be considered , according to Mr. Lewis , are the zoning which is agricultural in the county and would have to be rezoned residential , approval from the Health Department if it is de- cided the subdivision should be approved with septic tanks , and the length of 660 feet for Airport Avenue which exceeds the subdivision ordinance specification . El Producto Place , a cul-de-sac street , could be extended to intersect with Airport Avenue and bisect the 78-6-6 long block. After a discussion, Bob Carpenter moved that the pre- liminary plat of Muriel Heights he recommended to the City Council for approval but asked that the sewer issue be placed on the next work session agenda for further study . The motion was seconded by Bob Nicholes . Four voted in favor of the motion and 3 opposed it . Motion carried . A variance request for a second building permit to be obtained in less than a year on proeerty too smallto plat located south of Carter Court , an unopened street east of Homedale Avenue and south of Bishop ' s Renla.t, 1.s being sought by Mr. Norman Rut ;en . Mr . Lewis explained that one building. permit has already been issued on adjacent property sub.iect to its connecting to the sewer which is now available on Svringa and he would recommend that the Council grant the variance 78-6-7 provided this property also connects to the sewer. A motion to recom- eqN the granting of the variance to the Council subject to the sewer connection was made and seconded by Bud Grant and Starr Farish . Motion carried . The City of Caldwell has acquired the Goiriproperty , described as Lots 7 and 8 , Lonrrview Place , Canyon Count,v , Idaho , for the nurnose of extending the new a.irnert runway and has asked the Planning and Zoning Commission to establish the zoning for annexation of the land 78-6-8 and make a recommendaticn to the City Council . John Pilote moved that the property he zoned M-I (AP) upon annexation and that a public hearing be held on July 20 . 1978 , for consideration of this zoning . Motion was seconded by Bud Grant and carried . Tony Gabiola and Ed Bonaminlo appeared before the Commission to request that they reconsider rezoning Lots 21-n , Block 31 of the Original Townsite from R-3T to C-2T. The rezoning had been denied after public hearings held by both the Council and the Commission . However, since a majority of the Council is required to override a P and Z decision and not all Council members were able to attend the hearing, Al McCluskey said he felt some consideration should he given to the request . The zoning ordinance specifies that an appli- cation may be resubmitted after 90 days or before if a majority of the Commission votes to reconsider the matter. Following a brief 78-6-9 discussion , Bob Nicholes made a motion to reconsider the decision and to set a public hearing date for July 20 . Bud Grant seconded the motion which, upon vote , carried . iegN John Pilote reported that his committee had met to review the Com- prehensive Plan and had prepared a list of proposed changes . Some of these are necessary to bring the Plan into agreement with the zoning map which was adopted subsequent to the Plan . The areas to be considered are as follows : 1 . One half block of Block 28 , Dorman ' s Addition (IIarrison- Frank Agency) from Medium Density Residential to General Commercial . 2 . Third Parkside north of Woodlawn and proposed Park West Addition from Low Density Residential to Medium Density Residential with a possible buffer of High Density Resi- dential between the industrial zone to the north and the residential area. The committee did not recommend this Plan change but left it open for discussion. Boyd Harris was present and indicated he planned to develop this area as low and moderate cost housing with duplexes and triplexes on some of the lots . He further stated he would prefer high density residential for those subdivisions . There was some discussion about improving Laurel Street to accommodate the traffic that would he generated as the area develops and also about the lack of open spaces and the need for a future school . Kimball at the Armory and where it intersects with Paynter, including the vacant service station on the southeast corner from Medium Density to High Density Residential . Neighbor- hood Commercial was also suggested . u . Mrs . Steel ' s property in Block 122 of Strahorn Addition. -4- Triangular-shaped Block 121 which contains 3 businesses was 0.4S included to make Mrs . Steel 's property contiguous to Frame , and Service Commercial. 5 . Tire shop area on Kimball between Chicano and Denver from High Density Residential to Frame and Service Commercial. 6 . Triangle at 5th and N. Illinois - round circle designating Neighborhood Commercial . 7 . Monument Works on N . Illinois to Industrial . 8 . Lots in Torrens and Tucker Addition south of Marble Front and west of N. Indiana from Low Density to High Density Residential . 9 . Oddfellows property south of Interstate 80- Hi ,h Density for trailer court . 10 . South quarter or Block 43 and east quarter of Block 32 that are at 11th and. Chicago from High Density Residential to Frame and Service Commercial . There was some sentiment expressed for extendinm the commercial area for a half block dent on both sides of Chicago to 13th Avenue . 11 . Sixth and Galveston (Trumbull-Williams Holiday Motel property) from High Density Residential to Frame and Service Commercial . 12 . Corner of Linden and Georgia (former Elk ' s property) from Medium Density Residential to Neighborhood Commercial . These proposed changes in the Comprehensive Plan will be studied further and formalizedin preparation for nublic hearinCs . Meetinrr adjourned at 9 : 59 p .m. Respectfully submitted , Sylvia Robison Secretary pro tem 1