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HomeMy WebLinkAbout1979-06-21 P & Z MINUTES PLANNING AND ZONING COMMISSION MINUTES June 21 , 1979 The meeting was called to order at 7 : 30 p.m. in the Council Chambers by Chairman John Pilote. Present were Ralph Nyblad, Starr Farish, Jim Oates, Bob Carpenter, Bud Grant, Bob Nicholes , Al McCluskey and Mel Lewis . First item on the agenda was a public hearing for a special use per- mit requested by Bob Hibbard to construct a duplex on Lot 8 , Block 2 of Chaparro Estates. A building permit has been issued for the duplex conditional upon approval of the special use permit . Hearing no testimony regarding the application, John Pilote closed the public ;9-6-1 hearing. A motion was made and seconded by Bob Nicholes and Bud Grant to grant the special use permit . Motion carried. Opened next was a public hearing for consideration of a special use permit to divide the duplex at 1703 Washington and 1104 Logan for sale to individual owners. The permit will be subject to platting and to meeting water and sewer requirements. A sewer maintenance agreement is being prepared in lieu of separate sewer connections to the two units. As there was no opposition to the request by Lorraine Johnson, the public hearing was closed and a motion made 79-6-2 and seconded by Starr Farish and Ralph Nyblad to grant the special use permit with the stipulations as stated. Motion carried. The building will be remodeled to meet the building codes. The next item on the agenda was a variance requested by the City to separate property at Kimball and Freeport which the City owns for sale as two lots, one of which will have less frontage than the minimum required by ordinance . Adjacent property owners were notified of the public hearing. It was the concensus of the Commission when setting the hearing to recommend a 75-foot stand- ard sized corner lot and a 50-foot inside lot which would generally conform with other lots in the area. Since no testimony was offered 9-6-3 by the audience, the public hearing was closed. It was moved and seconded by Jim Oates and Bob Carpenter to grant the variance to form a substandard inside lot as requested by the City. Motion carried. The public hearing to rezone part of the Lasher property near the Interstate and Indian Creek and bounded on the south by Ustick Road from M-1 Light Industrial to R-3T Residential was opened. The Plan was recently changed to accommodate this zoning. John Merrick , representing owners of the Nampa Boulevard Christian School property , indicated the rezoning had been discussed extensively at a meeting of the Board of Trustees. They were neither for nor against the zone change but did express some concern about what effect devel- opment of the residential area as a mobile home park might have in the future upon the sale of the Boulevard Christian School property for industrial uses. The school is in an M-1 Light Industrial Zone and the property is presently for sale. Merrick pointed out that emIN residents could be opposed to industrial land uses on the neighbor- ing property and this could adversely affect the Christian School ' s property. Further discussion centered around the provision of sewer to serve the area. Gary Lasher said he has had the necessary engineering done and it appears the sewer will gravity flow from -1- -2 Ustick back to Arthur Street . Proximity of the property to the airport which is directly across the Interstate was also discussed. The park would not be in the flight pattern at the ends of the air- port and there would not be height problems , so noise would be the 79-6-4 major concern. Hearing no further testimony , Pilote closed the public hearing. A motion to recommend rezoning of Lasher' s pro- perty as requested from M-1 to R-3T to the City Council was made and seconded by Bud Grant and Ralph Nyblad. Motion carried. At this time Starr Farish moved that the minutes of the May 24 , 1979 , Planning and Zoning Commission meeting be approved as written. The motion was seconded by Ralph Nyblad and passed . The County has asked for a recommendation from the City P and Z Commission on zoning property owned by Bob Hogg on East Cleveland southeasterly from Ustick Road near the City limits . The Compre- hensive Plan for both the City and County anticipates commercial uses. Mrs. Hogg indicated the plans for the property include a complete auto care mall, with parts store, auto body shop and service. She further stated that annexation has not been con- 79-6-5 sidered at this time. After a discussion, Bob Carpenter moved that a recommendation for commercial zoning be forwarded to the County with the request that the County consider the uses for C-3 zoning in the City ' s ordinance . The motion was seconded by Jim Oates and, after a vote , carried . ( ' James Gipson appeared before the Commission with a development project for the remainder of the property on S . Montana Avenue purchased by the L.D.S . Church for a seminary school. Approxi- mately one half acre has been reserved for the seminary school. The church will not retain the other 4 1/2 acres . The project as presented would be a planned unit development with 55 living units, 4-8 units per building with 1 , 2 and 3 bedrooms. These would be two-story structures with balconies and patios and would include 4 handicapped units. The present zoning is R-1 which permits 4-6 dwelling units per acre . The density as pro- posed would be over 10 dwelling units per acre (high density) which could require a Plan as well as a zone change . According to Mr. Lewis , it would be possible to have a planned unit devel- opment with some single family and 2 and 3 family units in an R-1, rather than all high density. The developers plan to put in the sewer but will have to bring it in from a few blocks away . They feel it would be uneconomical to sewer the project on a single family basis. Mention was made of landscaping to be pro- vided to buffer the housing from the high school tennis courts and vo-tech building. After a discussion, the Commission was in general agreement that an investigation should be made on how best to proceed with the project with respect to zoning and to the general situation in that area as to traffic and density 00-N before a firm decision could be made. Mr. Gipson and the designer will meet with the City Engineer for consultation. Considered next was a request for an auto salvage pool on property recently annexed at Linden, Chicago and the Interstate . When zoning -3- was being discussed prior to annexation, Mr. Gilbert indicated that the uses of the property would be to expand his auto salvage pool business, construct a truck terminal and have some possible commer- cial uses. The property was zoned M-1 Light Industrial to accommo- date these uses. An auto salvage pool is not defined as such in the ordinance so an interpretation was needed to determine whether or not a special use permit would be required. The operation by definition most closely fits that of an automobile wrecking yard which is permitted in an M-1 zone with a special permit. Mr. Gilbert was asked to pick up an application in the City Engineer' s office and a public hearing was set for July 19 on the special use permit. A request by George Randall to move a residence onto his property at 3rd and Arthur near Indian Creek and attach it to an existing residence was considered. The zone is C-3 commercial and a special use permit is required for residences in commercial zones . One house has already been moved on the property under special permit granted by the Commission and has been attached to another house already there. Needed will be a variance for parking, as 7 spaces will be required for the main house and the two re- sulting duplexes . Five spaces can be provided. Also needed is a variance for less square footage than required by ordinance for placement of the house on 4 , 800 square feet of land. After 9-6-6 a discussion, it was moved and seconded by Bob Nicholes and Bob Carpenter to set a public hearing on the special use permit with p the two variances as described above . Motion carried . The public hearing will be held on July 19 . Regarding a discussion on setbacks for a building being replaced at 14th and Denver, Mr. Lewis explained there would be a 12 ' by 14 ' addition to the property line in the industrial area which requires a 20-foot setback. The building being replaced is"grandfathered" and there is an 80-foot right-of-way on both Denver and 14th. The owners have requested to construct a new smaller building also on the property line at the same site. After a discussion, Bud Grant 9-6-7 moved to allow 0 and G Seed (Musser Seed) to replace the building under the grandfather rights and to construct the additional build- ing without a 20-foot setback as an 80-foot right-of-way is already existing. Motion was seconded by Bob Carpenter and carried. Altha Bish has applied for a variance to place a sign 6 feet inside the property line rather than the 10 feet required by ordinance on her professional office site at 802 Fillmore . The sign will be on the Kimball Avenue side of the building and will meet requirements other than location. Mrs . Bish pointed out that the sign identify- ing a professional office on the other end of the block was situated closer to the property line than 10 feet. The Commission was informed by the City Engineer that a permit had not been obtained for the other sign and the Building Office would contact the property -6-8 owners to comply with the ordinance. After a discussion, Bob Car- penter moved to establish a public hearing for a variance on location egN of the sign for Mrs . Bish for July 19 . Included in the motion was to send a letter to the property owners of the sign in violation stating they may be required to move it if there are any complaints received. Bud Grant seconded the motion. Motion carried. -4- Mel Lewis reported on correspondence with Ida-Ore regarding the "RN City of Caldwell ' s Comprehensive Neighborhood Development Project grant for improvements north of the Interstate. He answered their inquiry on the impact of the project in this area and was now re- questing the Commission' s approval of his statement which is as follows: "The area is primarily residential where the financing provided would be advantageous to the general upgrading of the neighborhoods. The rehabilitation of the sewers is very much needed to maintain adequate sewer service to the users now served. The street improvements will generally upgrade the area. The pro- posed project does not conflict with land use and zoning require- 9-6-9 ments of the City. " Starr Farish and Bob Nicholes moved and seconded to approve the Engineer' s comments . Motion carried. 9-6-10 A motion was made and seconded by Starr Farish and Bob Nicholes to rezone Lots 1-4 , Block 1 , and Lots 1-5 , Block 2 , in Sanders Sub- division from R-1 to R-3 as requested by Mr. Sanders . The public hearing will be held on July 19. Motion carried. John Pilote then explained to the Commission that the 13th and Cleveland issue had been placed on the agenda to carry through with a prior motion passed by the Commission to change the zoning from C-2 to R-3 on Lots 1-12 , Block 28 of Dorman 's Addition, after amending the Plan if necessary. Since the Plan change has been accomplished, a recommendation on the zoning is the next step . 9-6-11 Starr Farish moved to have a public hearing on July 19 to consider rezoning the property in question to R-3. Bob Carpenter seconded emN the motion. Following was a lengthy discussion. Bob Carpenter then called for the question. Motion carried. Doyle Mecham appeared before the Commission to discuss an indus- trial site he is interested in purchasing. He is looking at the property owned by Stan Jensen which borders Industrial Site No. 4 , a subdivision platted by Caldwell Unlimited, and is trying to work out a trade so the Jensen property can be utilized as there is no access to it. The proposal is to vacate part of the street (In- dustrial Way) that runs through the plat and create a cul-de-sac part way down so all of the property can be served. Mel Lewis stated there would have to be an additional plat to plot this land into the original industrial subdivision and there is a highly developed drainage system plan that would have to be modified to include the added property. Mr. Mecham is aware of the problems and has consulted the Fire Chief regarding the length of the cul- de-sac and closing the street. He is seeking general approval and a recommendation on the vacation before proceeding with the 9-6-12 property acquisition. After a discussion, Jim Oates and Ralph Ny- blad moved and seconded to recommend to the City Council the vacation of that portion of the roadway which will be legally described subject to stipulations of the total project as outlined by the City Engineer. Motion carried. Meeting adjourned at 9 : 45 p.m. hom1 Respectfully submitted, Sylvia Robison Secretary pro tem