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Home My WebLink About1978-05-18 P & Z MINUTES (2) PLANNING AND ZONING COMMISSION MINUTES July 20 , 1P7R efiN The meeting was called to order at 7 : 30 D .M. in the Council Chambers by Chairman Don Tolley . Present were Ralph N.yb iad , John Hull , Betty Ann Lod:se , Starr Parish, Bob Carpenter, Tom Ensley, Bud Grant and Wayne Nielsen. Bob Caroenter moved to dispense with the reading of the minutes and approve them as written . The motion was seconded by Starr Parish and carried . Don Tolley opened the public hearing on zoning for annexation of the Goiri property located adjacent to the Caldwell Industrial Air- port . Since there was no testimony from the audience , it was moved -7-1 and seconded by John Hull and Starr Parish respectively to recommend to the Council that the property be zoned 1-1 (Air') Industrial upon annexation. Motion carried . Opened next was the public. hearing for consideration of rezoning Lots 21-24, Block 31 of the Original Townsite from R-37 to C-2T. The Chair recognized Tony Gabiola , who presented a netition signed by adjacent property owners . The petition , addressed to the Plan- ning and Zoning Commission and to the Mayor and Council , stated : "The undersigned respectfully netition that the property owned by the undersigned, respectively , at the addresses shown below, be rezoned from residential zones to commercial. zone " It was noted that included were the signatures of those who gave testi- mony against the rezoning at the prior hearings and it was assumed by the Commission that their signatures indicated they were now -7-d in favor of the re sonin ; . It was , therefore , moved and seconded by Starr Parish and Gob Carnenter to recommend the rezoning of the above lots to the City Council . Motion carried . The final plat of Paradise Estate, was presented (originally Atwood Terrace ) for approval by Tom Cole of Alpha Engineers . Don Tolley read a report by Vol Lewis recommending acceptance of the final plat with the stipulation that the developer produce written evidence that the property owner on Hillcrest agrees to the plan for taking care of his wastew,et.er and also that Caldwell Irrigation District --7-3 agrees in writing to this plan. John null moved that a recommenda- tion be sent to the City Council for approval of the final plat of Paradise Estates subject to the Engineers report . The motion was seconded by Tom Ensley and , after a vote , carried . A request has been received from Gary Morgan to rezone Lots 8-12 , Block 8o of the Original Townsite from R-3T to C-2 Commercial . This property is located at, 1120 and 1124 Albany Street north of the railroad and is contiguous to a C-2 zone . Mr. Morgan ' s plan is to develop the area as professional offices and also to have a cafeteria to cater to employees of the office buildings and the Courthouse during the day . He feels that the parking and setback requirements of the commercialzone would be more favor- , able for what he intends . After a discussion, the Commission agreed to set a public bearing for August 17 . -1- -2- Discussed next was a request to vacate a part of S . Georgia Avenue from Syrinra Lane to the Interstate Highway . Mr. Don Rife was present /'iN and stated that when the freeway vas constructed , the street was cut off and he was under the impression that it was to have been vacated many years ago while the property was still in the County . He said he had discussed the vacation 2 or 2 months aro with :Ir . L. C . Kelly , the other property owner adjacent to Georgia Avenue , and at that time Mr . Kelly was contemplating selling . he is nresently in South Dakota and his opinion on the vacation is not known . 7r . Rife also asked about the availability of sewer to his pro;. erty and .i ' there were any future plans to serve the area . After ,r d ncuss ton, it was the con- census that no action shonld be taken on the matter at the Present time . Tolley suggested that Commission members meet some time during the first or second week of August to view the pronertu and to consider the request at the next meeting . • Cone nraves was not present to discuss the rezoning of flock 7 of Sylvan Manor. Stan Whitney of 321` 'Beech Street anpenred before the Commission seeking the procedure to follow in fulfilling the City ' s zoning re- quirements for obtaining; an automobile dealer ' s License from the State . His nronerty , Lot 6 of Lafferty ' s Addition , is presently in an R-2 zone but it does adjoin the commercial zone on Cleveland Boulevard and has right-of-way to Cleveland on Canal Street . Mr . Whitney intends to Purchase a car , repair it and take it to the auction for resale so , in essence , could not; be considered as oper- rN ating a car lot . However , the ,sate requires certification that the zoning is comuati blc with the use . A dissertation prepared by Mel Lewis was read in which he explained the alternatives would be to rezone by exnandlop the C hornmeee,l al zone adjacent orbrosdly interpret the section on home occupations in the zoning ordinance for this specific location and specific situation . Yollowinr a lengthy discussion , it was decided to proceed with rezoning the property so that Mr. Whitney would not be limited if he wished to expand his business . In the meantime , Mr . Lewis was directed to write a letter confirming that Pair . Whitney could proceed in the capacity of a home occupation until the rezoning is accomplished . Autust 17 was established as the date for aublic hearings to consider the following applications : 1 . A special use permit requested by the L.D .S . Church to construct a seminary school on Tract 10 of Mountain View Subdivision P?o . ;' located on S . Montana Avenue . A plan showing; the location of the building; and proposed street will be provided . 2 . A rezoninr request from R- to C-1 neighborhood Commer- cial for Lots 8 , 9 and 10 , Block 1. 1 of Arlington Addition submitted by Ellie Parker in behalf of the owner, Charles Atkins . This is the southeast corner of the intersection of Kimball and Paynter Avenues where the vacant service emN station is located . if1‘' -3- 3 . A variance requested by Milt Christensen of 223 West Hazel to construct an addition to the front of his ell house which would extend 20 feet beyond the established setback line of the bloc'- . Residences on the block are approximately /10 feet from the front Property line , which is much Treater than the normal setback . Members are asked to look at the property . Consideration was then given to a proposal to allow mobile home parks in the M-1 Industrial zone with a special use permit . Tom 7 �t Insley made a motion to set a public hearing on August 17 for receiving testimony on this Proposal . The motion was seconded by Bob Carpenter and passed . The following changes in the Comprehensive Plan were agreed upon ' by Commission members : 1 . Half of Block 23 , Dorman ' s Addition (Harrison-Frank Agency) from Medium Density Residential to general Commercial . 2 . One lot depth from the corner of Kimball and Paynter Ave . in Arlington Addition to the golf course from Medium Density Residential to High Density Residential . 3 . Lots in Block 122 Strahorn (Mrs . Steel ' s property) and Block 121 Strahorn Addition to Frame and Service Commer- cial . eqS 4 . Tire shoo property on Kimball between Chicago and Denver from High Density Residential to Frame and Service Commer . 5 . Triangle et 5th and N . Illinois to Neighborhood Commercial . 0 . Monument works on H . Illinois to Industrial . 7 . Lots (I0cCarvin) in Torrens and Tucker Addition from Low Density to High Density Residential . 8 . Oddfellows property south of I-DON to High Density Residen- tial for trailer court . 9 . Chicano Street for one half block depth on both sides from 9th Avenue to the Meat Packers to T'ra.rne and Service Commercial . 13 . Sixth and Galveston (Holiday Motel property) to Frame and Service Commercial . 11 . Corner of Linden and Georgia from Medium Density Residential to Neighborhood Commercial . 12 . Lots 1-'3 of Caldwell Interstate No . 1 from Industrial to general Commercial . Regarding the reuuest by Boyd Harris for higher density in Third Parkside north of Woodlawn and proposed Park West Addition, it was suggested that he meet with the Commission for further study of the area . Meeting adjourned at 3 : 00 p .m. Sylvia Robison Secretary pro tem