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HomeMy WebLinkAbout1979-11-15 P & Z MINUTES PLANNING AND ZONING COMMISSION MINUTES November 15 , 1979 The meeting was opened at 7 : 30 p .m. in the Council Chambers by 1 Chairman John Pilote . Present were Ralph Nyblad, Starr Farish, Bob Carpenter, Boyd Henry , Bob Nicholes , Betty Ann Lodge and Al McCluskey . A motion was made and seconded by Starr Parish and Bob Carpenter to dispense with the reading of the minutes and approve them as written. First item on the agenda was a discussion on Comprehensive Plan changes . At the end of November, the Planning and Zoning Commission will be able to forward its semi-annual recommendation on Plan amendments to the City Council . It was Pilote ' s feeling that it would be advisable to publicize the fact that requests are being considered for Comprehensive Plan changes to give those people who might not be aware of the semi-annual limitation a chance to submit proposals . Then, if requests are filed in time for the December meeting, a public hearing could be held in January and a recommen- 79-11-1 dation forwarded at that time . After a discussion, Bob Carpenter moved that an article be published in the location newspaper an- nouncing the intent of the Commission to consider Plan changes for a recommendation to the City Council in January . The motion was seconded by Boyd Henry and , after a vote, carried . John Pilote then opened the public hearing portion of the meeting. First was a public hearing for a special use permit to operate a day care center for 35 children at 240 S. Montana. The applica- tion was filed by Nancy Hazen . She stated she has talked with the Fire Chief and will comply with all regulations . As no testimony was offered from the audience, Pilote closed the public hearing. In subsequent discussion, an innuiry was made as to the parking spaces which Mrs . Hazen would be able to provide for employees and also to the loading and unloading of children at the site . Mrs . Hazen said she would have one Cull time employee in addition to herself and two parttime employees , depending on the number of children . She did say she had a driveway which could be opened up to the back . The house is located on a corner lot and the children will be let out and picked up at the curb . After further 79-11-2 discussion, Bob ilicholes and Betty Ann Lodge moved and seconded to grant the special use permit for a maximum of 35 children subject to meeting the off-street parking requirements as determined by Mel Lewis . Motion carried . Opened next was a public hearing scheduled for consideration of a variance requested by White-Riedel to install an 8 ' by 5 ' illuminated sign at Kimball and Paynter . Two options on the height of the sign were presented and it would be located out of the "sight triangle" as determined by the Engineering Department . There was no testimony from the floor . Some discussion ensued as to the nature of the illum- Pination . It was the opinion of the Commission that a flashing or exterior-lit sign would not be acceptable and preference was stated for the lower height . Larry Wickham was present and explained the reason for requesting the larger lighted sign was for the tenants who would be occupying the building with White-Riedel . The sign -1- A will consist of four removable panels and will have interior illumi- i 1.-3 nation . Moved by Bob Hicholes , seconded by Bob Carpenter to approve e-Na variance allowing for a 5 ' by 8 ' sign a maximum of 12 feet in height subject to interior illumination . Motion carried. A public hearing was then held on a Comprehensive Plan change from medium density residential to high density residential for a part of Tract U of Mountain View Subdivision located between Cleveland , Flo- rida, Locust and Cherry . The tract/ Smrnercial for 300 feet from the centerline of Cleveland . Green Acre Properties has requested the Plan change and a rezoning to R-3 to accommodate a mobile home park on the property. They intend to retain some commercial in the corner along Cleveland for businesses that might be of a nature to serve the park. As there was no testimony in opposition to the Plan change 79-11-4 offered, Pilote closed the public hearing. Moved by Bob Carpenter , seconded by Starr Parish to forward to the City Council after the January meeting a recommendation to change the land use of part of Tract U of Mountain View Subdivision from medium density to high density residential. Motion carried. Opened next was a public hearing on rezoning of property at 11th and Freeport from R-2T to C-3T. The rezoning has been requested for the expansion of Custom Plastics . The Comprehensive Plan pro- vides for commercial zoning In that area. Responding to the Chair- man' s call for testimony was George Aquino of Emmett who owns lots adjoining the property proposed for rezoning. Mr. Aquino stated ` ' he would like to see the zone change go through as it would make his property more valuable in the future . Hearing no further testimony , Pilote closed the public hearing and asked Bob Carpen- ter to assume the chair for the discussion and voting on the issue . It was pointed out during the discussion that this property had been C-D Commercial under the previous ordinance but was designated 79-11-5 R-2T when the recent zoning ordinance was enacted. It was moved and seconded by Ralph Nyblad and Betty Ann Lodge to recommend the rezoning of the above property to the City Council . Motion carried . The last public hearing was for a special use permit requested by Ruth Johansen to operate a Group Day Care Center for 12 children in her home at 2905 S. Indiana Avenue . She explained there would be no other employees besides herself and her husband . There was some discussion on the cars loading and unloading children having to back out onto Indiana Avenue and if there was room to provide 79-11-6 ingress and egress other than the street. Moved by Boyd Henry , seconded by Starr Parish to approve the special use permit subject to meeting specified parkin_g requirements determined by the City Engineer and subject to building, fire , and Health Department codes . Motion carried . Presented for a recommendation to the City Council was a combined preliminary and final plat of Florida Avenue Duets . A special permit was approved at the October meeting to divide the duplexes for sale to separate owners and platting was a condition of the special permit . Also required is the filing of documents to take care of sewer maintenance and any common interests . After a dis- (9-11-7 cussion , Bob Carpenter and Ralph Nyblad moved and seconded to recom- mend approval of the preliminary and final plat of Florida Avenue -3- Duets subject to receipt of the documents identifying common interests . ^ Motion carried. Bob Hibbard appeared before the Commission requesting a Plan and 1 zone change for property owned by Valeda Lawrence west of S . Kimball Avenue and south of Beech Street . The land is presently in the County but annexation will be requested . The Plan change requested is for approximately 3?0 feet of commercial along Kimball , a buffer of high density residential behind that for about 330 feet and the rest of the property would remain low density residential . The desire is to develop the property with a neighborhood. commercial center with buildings to rent out , and with apartments or townhouses in the high density residential area. After a discussion, it was agreed that Mr. Hibbard should file a letter of request for annexa- tion and any other applications necessary for the Plan and zone changes indicated. A public hearing will be set at the December meeting for January , after which a recommendation can be forwarded to the City Council . Next on the agenda was a request for a special use permit to divide duplexes for sale on Lots 3-12, Block 59 of the Original Townsite. Although Mr. Gregory was not present , the Commission reviewed his proposal for information purposes . The vacant lots Mr. Gregory is wanting to utilize are 3-12 on which 5 duplexes would be constructed. He would like to use the platted lot lines as the division of the duplexes . There is also a house on the corner of 14th and Albany which Mr. Gregory owns . Variances are being requested to use lots 11 and 12 on the corner of what would be 15th and Albany which would be only 50 feet for a corner lot and also for a 7-foot side setback rather than 20 feet for the structure on those lots . There is a problem with the improvements that might be required because there is not a full right-of-way platted for lots 11 and 12 . Although there is a roadway being used , some of it is on Idaho Meat Packer ' s property . Mr. Lewis felt that the owner should curb and gutter all of the property, including the existing residence , but is not sure what can be required on the end lots where there is not a full right- of-way . Since this property does join an industrial zone , the Com- mission was advised to look at the property before the next meeting with respect to the variance for the 7-foot side setback, the right- of-way and improvements . Final item on the agenda was consideration of an amendment to the zoning ordinance establishing a residential zone for single family residences exclusively and discussion on delaying special use per- mits for duplexes iii the R-1 zone . The request was made by the City Council for the purpose of f;_ivi.ug protection to property owners in areas proposed for annexation. John Pilote stated that the Com- mission should evaluate whether or not an additional zone devoted to s i nese family residences ul d be :h,.1 ,_h<3ed in the ordinance and establish a public hearing for that purpose if that was their wish . He also pointed out that the ordinance passed by the County giving R-1- zoned residents in the County protection from duplexes was the one that has been in effect since September of 1979 and prior to that time there were no restrictions . It seemed to be the concensus of the Commission during subsequent discussion that the special permit procedu.re, along with the policy of the City for controlling the density by requiring 75 feet between building sites, was working quite well . in the past the Commission hasn' t granted duplexes where the neighbors were opposed and the people in the areas proposed for annexation would have the same opportunity to 79f."‘-8 appear and object at a public hearing. It was moved and seconded by Starr Farish and Bob Nicholes to report back to the City Council that the Commission had deliberated on the issue and at the present time feels current policies regarding duplexes in the R-1 zone are working satisfactorily so the establishment of a new zone is not recommended. The motion carried unanimously. In further action by the Commission , the preliminary plat of Dunn Addition was reviewed and a recommendation for its approval was requested to be sent to the City Council. Part of the plat is in the impact area. The County has requested the area be platted be- cause it has been broken up into several residential sites and the City is considering it only as it relates to the impact area. 79-11-9 Moved by Ralph Nyblad , seconded by Starr Farish to recommend approval of Dunn Addition to the City Council . Motion carried. Al McCluskey invited all members of the Planning and Zoning Commission to attend the public hearing on zoning recommendations for areas proposed for annexation to be held Monday , November 19 , at the Public Library . Meeting adjourned at 9 : 15 p . m. Respectfully submitted, Sylvia Robison Secretary pro tem