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HomeMy WebLinkAbout1980/12/18 P & Z MInutes PLANNTNG AND ZONING COMMISSION MINUTES December lb , 10o0 The meeting was called to order at 7 : 3t) p .m. in the City Hall_ Court ci l Chambers by Ch:al rmun John Pllote . Present were D LI i. Free , Bo'oI Henry , Bud Grant , Jim Oates , John Lull , Starr Parish and Mel Lewis . It was moved and seconded b i Hull and Starr Garish to dispense with the reading of the Novo .n..i '20 minutes and approve them as written . The Chairman first, read a Letter from the Mayor to the Planning and Zoning Commission thanking them for their dedication and service to the community . The Commission responded by expressing their apprecia- tion to the Mayor and Council for their past support rd tfu'n0xc e f meetings and wished them the best in 1931 . Pilote then opened the nubile hearing to take testimony on a request from Terry Lopez for a. special i_al use permit to use the residence at , 1. 1 N . Kimball- as a pr , t �� ; CI ( lorrice .i ; _ . According to Mrs . Lope�• , the office will house two attorneys . She said there will be minimal al- terations to the interior of the residence and there won ' t be any noise or significant change to the traffic pattern as they will operate on an appointment basis during the day . A modest sign is planned and a picture window will be installed on which the names will be lettered . Parkin ; will be provided off the alley for 3 vehicles . Testimony was offered by the following persons : Marjorie Bach , 704 N . Kimball , addressed the Commission and said she didn ' t eiNN want a business there . Shirley Clabow, 715 N . Kimball , asked for a clarification of what the zoning would allow . She said the letter states the special permit is for a professional building , yet she keeps hearing that woo Hrl ' t have to follow on to the next owner . Her concern was that once the special use permit, was given for thi-:, particular use that would leave It open for later transactions wh1 „ , could become other than that . She was informed the permit would be issued on the basis of a professional office and would be limited to the uses of that classification . Diana. Marie Steele , 2602 S . Georgia , commented that although she is not affiliated with this situation , from what she has heard the couple is trying to make a living and they should be given a chance to support themselves . Since there was '0-12-1 no further testimony , the public hearing was closed . John Hull indi- cated in view of the locality which is zoned R-3 and the fact that it is a private office and would not detract from the neighborhood or ca=-;:e undue hardship to any of the neighbors , he would move that the specia .. use permit be granted . The motion was seconded by Starr Parish and , after a vote , carried . Opened next was a public hearing on a proposal to rezone Block 1 , Blatchley Addition , Block 1.6 , Washington Heights , Steunenberg and Hands Addition, from R-3 Residential to C-2 Community Commercial . The Com- prehensive Plan was recently changed to accommodate this zoning . Mr . Lewis read correspondence from Max Frets and Kermit Peterson, co-owners of property at 2107 Cleveland Boulevard , favoring the change . Since no testimony was offered from the audience , Pilote closed the public hearing. it was moved and seconded by Starr Parish and Bud Grant to recommend to the City Council rezoning the block bounded by Cleveland Boulevard , Blaine Street , 21st. Avenue and 22nd Avenue from R-3 to C-2 . -1- Included in the motion was to forward also the staff recommendation that accesses remain the same as are now on Cleveland and Blaine to prevent future restriction of traffic speed . Motion carried . emN A public hearing was then held on a proposal to change from R-2T Med- ium Density Residential to 0-3T Service Commercial properties north- easterly of and along the interstate in Golden Gate Addition . Included, are properties owned by Jerry Sedlar , Lonnie Spath , Cam Gepner , James Baysinger and the State of Idaho in Blocks 33 , 34 and 35 . The hearing was opened and subsequently closed as there was no testimony offered 80-12-3 regarding the rezoning . John Hull moved and Bud Grant seconded the motion to recommend to the City Council the rezoning of the above properties . Motion carried . Testimony was then heard on a request from IGA Foodliner at Kimball and Ash for a special use permit to install 2 self-service gas pumps at that location. The zone is C-1 Neighborhood Commercial . Mr . Lewis read correspondence received by the Engineering Department from Ralph and Daisy Gushwa, 117 Ash , Jeri hanks , 409 W . Ash , Goldie and Theodo > i,a. Garner , 115 W . Ash , Moselle Sellers , 2102 S . Kimball , Esther Schmahl , 2124 S . Kimball , Dorothy Burton , 203 Ash, Tony Lane , 2117 S . Kimball , Irene and Charles Long , 2102 S . Kimball , Dale Vandegrift , 2016 S . Kim- ball , Mr. and Mrs . Robert A . Stevenson , 118 E . Ash , Samuel N . Myers , W. Ash, Robert and Berniece Skinner , 110 W. Ash , all opposing the granting of the special use permit . These letters are on file in the Engineering office . Don Hazen of Franklin Oil was recognized and said the owner of I .G .A . Foodliner came to them requesting to put in pumps as he has had several requests from customers . Other eiN testimony was given by Dale Vandegrift , 1621 Kimball , who said he feels very sincere::. ; that Lhe issuance of the special use permit will decrease the value of residential property within 300 feet . He continued he has a prospective buyer who is hesitant to reach a decision because of the possible installation of pumps at this corner . It is a heavily trafficked intersection and the installation will create additional traffic . Bob Welsh said he lives across Kimball and couldn ' t see any need for a gas station at that corner as there is already a lot of traffic . Irene Long , 2102 S . Kimball , urged the Commission not to grant the special permit as they have spent a lot of time and effort cleaning up the property and picking up garbage from the store that children leave . She also pointed out that children cross the street there and there is a traffic problem. Moselle Sellers , 2102 S . Kimball , stated that children waiting for the bus on that corner smoke and she felt it would be a fire hazard . Charles Long of the same address said he thinks taxes and insurance are enough without the gas pumps and would surely raise accordingly . Goldie Garner, 115 W. Ash , also commented on the traffic volume at that corner . No one else cared to speak , so Pilate closed the public ;0-12-4 hearing. After a discussion , Boyd Henry moved that the request for a special use permit to install gas pumps at IGA Foodliner be denied . The motion was seconded by Jim Oates and carried . The final public hearing was on a request for gas pumps at the 7-Eleven store on the corner of Linden and Georgia in a C-1 zone . Three pumps /"4 and storage tanks are proposed . It was pointed out all regulations pertaining to the installation of tanks and pumps would be required through the Building Department . The Fire Marshall has been contacted and those regulations will be met . No objections were voiced from the -3- audience . John Hull indicated he felt this request was different entirely from the other one and there was not the volume of traffic 5 on Linden as on Kimball. He would therefore move that the special use permit be granted subject to adherence to the specific codes relating to the installation . The motion was seconded by Starr Farish . . Motion carried . Bud Grant , chairman of the committee appointed to study a request by Willie Frank to operate a beauty shop in the garage of the residence at 1203 Willow , was called upon to report on the committee ' s findings . The committee ' s recommendation was that the applicant was to apply at the Engineer' s office to be directed where and how to carry a city-prescribed petition so that the proper area and people are pe- titioned . On completion of such petition , if the applicant finds tnat not over 2 property owners are against her , the committee then and does recommend that inquiry be made of the City Attorney as to the legality of her request . John Hull moved to approve the committee ' s recommendation but withdrew the motion when Mel Lewis indicated corres- pondence had been submitted at the beginning of the meeting in the form of a letter addressed to the Planning and Zoning Commission dated Dec . 13 , 1980 . The letter stated the undersigned were opposed to the beauty shop because they did not feel it would qualify as an in-th-home occu- pation because it relies on the customer coming to it and depends on the number of people it can accommodate . Traffic and parking problems would result . Although this is across the street from the high school , traffic is only a problem at certain times during the day . It was signed by Mr . and Mrs . Rich Grimes , 1209 Willow , Homer and Edith Hooban , Lloyd and Wilma Milliken , H . G . Peters , an undecipherable name , Ina Yost , Camille and John Kokes and Hal and Honey Rowe . All appeared to be in the two block area that would be bounded by Willow and by Wasn),_ng- tion and Montana . Mrs . Frank was recognized and said she was shocked at those signatures because she went around and talked to the people after the committee was at her house and the only objection expressed 0-12-u was if the zoning was changed . After a discussion , Bud Grant moved that it is the finding of the Commission that as a business the beauty shop was not in compliance with the zone and as a home occupation the intention goes beyond what could be considered as such . Consequently , the request for this particular business in this particular location should be denied . The motion was seconded by Starr Farish and , after a vote , carried . An appeal on this decision can be made to the City Council within 5 days in accordance with the zoning regulations . Next was a discussion on an amusement center located in the Connie ' s Ceramics building on the corner of Linden and Indiana , a business which requires a special use permit in the commercial zones . The building is located in the R-2 Medium Density Residential zone and is at present a non-conforming use . The owner of the property has made application to change the zone from R-2 to C-1 Neighborhood Commercial which also requires a Plan change . Since no Plan change recommendations can be forwarded to the Council until after the 21st of February , a public hearing will not be scheduled until the February meeting . There is a possibility the Plan and zoning hearings could be held at the same time subject to the City Attorney ' s approval of the procedure . Once the zoning was accomplished , a special use per- mit would still be required for the amusement center . Bud Grant and Bill Free moved to set a public hearing on the Plan and zone (subject to the Attorney ) for the February meeting. Motion carried . Ed Cardenas , operator of the amusement center , then addressed the Commission . He -y- said he had a petition within 300 feet of the area and had obtained signatures of 90p of the people saying they would like the amusement center to stay there . His request to the Commission was that he be allowed to stay there until the zoning was completed . He indicated that his establishment was a family game center and he felt there was a need for this type of thing in Caldwell . Len Day , 311 Woodlawn, was recognized and said he would oppose the zone change to commercial for that corner . He has rental property two blocks away and his renters would also object to the zone change . He pointed out that Mr . Cardenas was given until the third week in January to move to a location with the proper zoning and he felt he should abide by the City ' s laws . The Commission discussed the situation at length and assured Mr . Car- denas they were not trying to judge the merits of the business itself . Their concern was that they did not have the authority to grant him an extension of time past the 3rd week in January that was granted by )-12-; the Mayor to allow him to obtain the proper permit . John Hull moved to deny the request for an extension of occupancy for an amusement center in that particular building based on the fact that it does not comply with the zoning laws and that the Commission does not have the power to authorize an extension of time . The motion was seconded by Starr Farish and carried . Pursuant to a request by the County Planning and Zoning Commission , the City Commission discussed the possibility of establishing a "T" Overlay zone on Ustick between Montana and Indiana . Also discussed was the procedure regarding mobile homes in the impact area . The action on the part of the City has been to approve them if they meet the criteria which is set forth by the County . These criteria are that the mobile home is temporary , it requires a conditional use permit and it will be occupied by a member of the immediate family . The County recently granted a mobile home on Ustick that did not meet those conditions so there have been some problems with the pro- cedures . The proposal to create a "T" Overlay in that area was taken under advisement for discussion at the January meeting . Starr Parish then announced that this would be his last meeting after 12 years on the Commission and he would like to say that he has enjoyed it and appreciated the opportunity t0 the G. ty ,. Two i.uy*g stions he would like to leave with the Commission are the development of a policy where all temporary or special use permits expire on the same date each year so they will automatically have the same review date and to urge the Commission to break in Mel Lewis ' successor far in advance of the time he retires . He continued that he has been tremendously ',mpressed with the background and intelligence of Mel Lewis and the vital part he has played in helping the Commission over all these years . Meeting adjourned at 9 : 30 p .m. Respectfully submitted , Sylvia Robison Secretary pro tern