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HomeMy WebLinkAbout1979-09-20 P & Z MINUTES PLANNING AND ZONING COMMISSION MINUTES September 20, 1979 The meeting was called to order at 7 : 30 p.m. in the Council Chambers by Chairman John Pilote. Present were Tom Ensley, Don Tolley , Al McCluskey, Boyd Henry, Starr Farish, Bud Grant, Jim Oates and Mel Lewis. Tom Ensley and Don Tolley moved and seconded to dispense with the reading of the August 16 minutes and approve them as written. Motion carried. The Chairman opened the public hearing for consideration of a special use permit requested by Lutz Development to construct duplexes on Lots 1 and 6, Block 3 and Lot 5, Block 2 in Spring Meadow Subdi- vision. There was no testimony from the floor, but a letter from Mrs. Dorothy Ring, property owner within 300 feet , was read and entered into the minutes. The letter asked for a strict R-1 single family residential designation for the area as per the Plan and opposed the duplexes on this basis. It was determined by the Com- mission during subsequent discussion that the duplexes were within the guidelines established by the Commission for the R-1 zone . Since 79-9-1 there was no further testimony, it was moved and seconded by Don Tolley and Bud Grant to approve the special use permit . Motion carried. An application has been filed by Lasher Construction for a special use permit to convert duplexes on Lots 1 and 40 , Block 3 of Starlight Park I for sale as separate ownerships . One duplex has been completed and the other is under construction. Mr. Lewis explained that a short plat must be filed to identify the lots along with documents to cover common interests . A variance is part of the consideration because the lots are smaller than the minimum required by ordinance and for the zero lot line through the building. The units will share the same sewer and power connections. Building codes are being met . After a discussion, Don Tolley moved that action on the request be tabled and a committee be appointed to study the division of duplexes and to report back for further clarification of the procedures . Bud Grant seconded the motion. The votes were 3 in favor and 4 opposed. Motion 79-9-2 defeated. Starr Parish and Boyd Henry then moved and seconded to establish a public hearing date for consideration of the special use permit . Motion carried . The hearing will be on October 18. The next item on the agenda was a request by the Treasure Valley Christian Church and Faith Evangelical Lutheran Church for the City to vacate Cherry Street between Montana and Colorado Avenues. The churches own Block 53 of Mountain View Subdivision No. 2 and are purchasing property in Block 52 with the intention of expanding their facilities into that area. Mr. Lewis read the following list of requirements which would apply if the vacation were considered : A 20-foot easement centered on an existing waterline ; a 20-foot easement centered on an existing sewerline extending north and south 00.,, approximately in the center of the block; an easement for an irriga- tion ditch through the block on the north side, the width of which to be established by Pioneer Irrigation District ; any other easements -1- -2- across property for sewers that are City maintained; a no-building restriction over all easements ; curb radii removal and replacement with curb and gutter on Colorado and Montana street ends of Cherry; and preparation by applicant of any property descriptions and instruments. Cherry Street does not go through west of Montana and there are no plans for it to be extended. It is open and in a gravel condition between Montana and Colorado. Spokesmen for the churches indicated that it is their desire to expand the parking facilities Onto the acquired property in Block 52 as well as the portion of Cherry Street which they are asking the City to vacate. After a discussion on the present use of the street as to the number of cars involved and the 79-9-3 traffic pattern on neighboring streets, Bob Carpenter moved that a recommendation be sent to the Council to deny the request for the vacation . He also asked that included in the motion be a statement that the Commission would be willing to consider the request again at such time as more was known about the number of cars using the street and also more was known about the specific project the churches had in mind. The motion was seconded by Don Tolley. Motion carried by a vote of 4 to 3 . A public hearing date of October 18 was set for consideration of an R-1 Residential zoning for three properties that have requested annexation. One area which was requested by Jim Schelhorn is lo- cated south of Montana Manor and north of Ustick and is being platted. Dean Smith has asked the City to annex a parcel lying between Montana Manor and the Dixie Drain which contains approximately . 2 acres . The third area is the Kenny Douglass property, an enclave on South Tenth Avenue . A preliminary of a plat of Sheldon Park presently outside the City limits was discussed. Annexation has been requested as the pro- perty is contiguous to the City limits on the south side of Montana Manor. Mr. Lewis indicated in his report the following: A variance would be required for the cul-de-sac which exceeds 400 feet . The cul-de-sac also anticipates access only to Ustick Road with no other streets in the plat . In the interest of overall planning, the Engineer stated consideration should be given to a street which is parallel with Ustick Road and one lot depth south of the south line of Montana Manor. It was pointed out that two lots would be lost from the development with this arrangement . Another alternative would be provision for right-of-way to the west only of the proposed street identified as Sheldon Court. Also discussed at length were sewer, water and drain- age problems. Sewer is proposed to be connected to the existing system in Montana Manor now served by a City-maintained pump station which would be too small for the additional subdivision. Alpha Engi- neers is studying the problems and looking at enlarging the pump station at the expense of the developer. Consideration could be given, according to Mr. Lewis, to investigating an additional exten- sion of the pump station to serve other areas south and east of Mon- tana Manor but this would be on the part of the City if it so desired and was not a consideration of the plat . Irrigation system approval of Pioneer would be required. The half street policy will apply for Ustick Road . Alternatives to drainage are also being studied. Follow- n-9-4 ing a discussion, Bob Carpenter moved that the preliminary plat be accepted with a street clear through east and west and subject to the sewer, water and drainage problems being solved, the irrigation system -3- being approved and the half street policy being applied to Ustick Road. This recommendation will be forwarded to the City Council . pqN The motion was seconded by Don Tolley and, after a vote , passed. Linda Woodhall appeared before the Commission seeking a special use permit for a day care center at 820 South Fifth Avenue. The present residence will be converted to accommodate approximately 24 children. The building will be brought up to fire code and a State license ob- 79-9-5 tained subject to the special use permit . Tom Ensley moved and Bob Carpenter seconded the motion to set a public hearing for October 18. Motion carried. A special use permit is also being sought by McGarvin Construction to build a 10-unit condominium to be sold separately on Lots 11, 12 and 13 and the north half of Lot 10 of Torrens and Tucker Addition located between N. Michigan and N. Indiana Avenues . A variance has been requested for a 10-foot front setback rather than the 20 feet 79-9-6 required by ordinance. After a discussion, a motion was made and seconded by Don Tolley and Bud Grant to establish a public hearing on October 18 for consideration of this project. Motion carried. A recommendation on the vacation of a small part of the right-of-way on Garber Street and Evans Street has been enlisted by the City Council. Evidently an addition that was constructed on the original building several years ago encroaches about 4 inches on Evans and one and a half feet on Garber. Since the business is in the process of being sold, the encroachment will have to be resolved in order to clear the title. Jim Oates moved and Starr Farish seconded to rec- -9-7 ommend the above-described vacation to the City Council . Motion carried. The City Engineer reported he had met with Ed Smith regarding the placement of a mobile home on part of the property Smith is anti- cipating purchasing from Jack Stites . As a result , it was determined the following considerations would have to be given: A rezoning by expanding the "T" Overlay Zone which extends 300 feet on each side of the centerline ofChicago Street an additional 150 feet within the boundaries of the property, a special use permit for towing and storage of wrecked automobiles , and a variance to set the mobile home back further than 55 feet from the right-of-way. The variance would be subject to the rezoning. After considerable 79-9-8 discussion, Don Tolley and Jim Oates moved and seconded to establish the appropriate hearings for consideration of the above requests . Motion carried. A discussion was then held regarding expansion of the Senior Citizen Center to the southeast rather than the storage area to the alley as was previously planned. The new addition would be about 80 feet by 40 feet . Proposed total occupant loading would be 350 persons. Of some concern was the amount of parking needed. There are presently 48 spaces, 10 of which will be replaced by the addition. A total of 85 spaces is required. Art Garrett , representing the Senior Citizen organization, said they have been looking at the possibility of a parking lot being located across the street on the ridge of old Jefferson Junior High School. Considerable discussion ensued, after 79-9-9 which a motion was made and seconded by Don Tolley and Jim Oates to -4- approve the expansion plans . Motion carried. It is recognized that there is a parking problem and efforts will be made to locate addi- /''e tional space . At this point, John Pilote turned the Chair over to Bob Carpenter for discussion on a mobile home park expansion request at the Christian Boulevard School property. There is an existing park with provisions for 6 trailers. The request is to expand by about 12 units . No sewer is available at present and water ends at Ustick and Cleveland. The park is served by a private well, as is the school, and by septic tanks . John Merrick, Superintendent of Nampa Christian Schools, indicated the trailer homes could be installed on a temporary basis as rentals to work out a situation where the buyer could pay for the property. Then, at some future date , the property could be converted to an industrial use ; or in the event of eventual extension of the sewer, the park could become permanent . Following further comments, Bud Grant moved that authority be granted to have mobile home sites with septic tanks on a temporary basis for 24 months and to set a public hearing date for a special use permit . The motion 79-9-10 died for lack of a second. Don Tolley then moved that the Commission request the gentlemen to bring back more information regarding sep- tic tanks, lot sizes and Health District requirements , and also the specific number of units to be added. Motion carried . Tom Ensley and John Pilote abstained. John Pilote again assumed the Chair . for discussion on a request by Hiram Higer to expand his building located at Kimball and Paynter /") in a C-1 zone. The plumbing shop portion is a non-conforming use but the retail sales, including Bucky ' s, is permitted in that zone. Hiram explained that he would be bringing the front of Bucky ' s out to align with the front of the plumbing portion and increase the heighth of the new section to 21 feet because of addition of a second deck for display. Parking was also discussed and requirements 79-9-11 can be met. Don Tolley moved to grant permission to Higer to expand the present facilities and to direct the planning administrator and building department to issue a building permit. The motion was seconded by Bud Grant . Motion passed. Mel Lewis read a memo from the City Attorney regarding a request from Don Dunn to use the Clubman Barber Shop for a professional office . It was the Attorney ' s opinion that both professional offices and barber shops are set forth as specific uses in the ordinance so interpretation is not needed. To accomplish the change of occupancy . would require an amendment to the ordinance. Paul Rausch appeared before the Commission to obtain a recommendation to the County regarding expanding the Coffey Grounds Trailer Court . He explained that the State owns a triangle of land near the entrance of the park. The entrance will be closed off when the interstate construction begins and the State is going to bring in a road from old U. S. 30 across the end of the park for access. They have offered to trade another piece for the triangle and Mr. Rausch is intending to buy a piece from a ditch company that will be landlocked. He would essentially be adding about 2 acres to his holdings and on this land wants to place 8 additional mobile home spaces. The mobile homes are on septic tanks . County zoning is A-40F and the property is located in the A-6 flood zone) which anticipates the owner meeting elevation -5- requirements on the additional mobile homes. After a discussion, pi19-9-12 a motion was made and seconded by Don Tolley and Jim Oates to recommend the County approve the expansion of the mobile home court as it was presented. Motion carried. Mel Lewis then presented maps defining areas which are the sub- ject of a proposed annexation study the City Council has directed the Engineering Department to make . There are approximately 20 areas involved and the first step is for the Planning and Zoning Commission to make a zoning recommendation to the Council following a public hearing. The Commission reviewed the areas and proposed an R-1 Single Family Residential zoning for all areas with the ex- ception of an area bounded by Brian Avenue , Lucky Way, South 10th and Ustick Road which will be considered for R-3 High Density Residential, 4 tracts along Cleveland being considered for C-3 Service Commercial zoning, and 2 tracts in the vicinity of Cleve- land and the railroad proposed for M-1 Light Industrial zoning. Public hearing for consideration of the proposed zoning will be held on October 18. Meeting adjourned at 11: 00 p.m. Respectfully submitted, Sylvia Robison Secretary pro tem