Loading...
HomeMy WebLinkAbout1980/05/15 P&Z MINUTES PLANNING AND ZONIdG COMMISSION MINUTES May 15 , 1980 egs The meeting was called to order at 7 : 30 p .m. in the Council Chambers by Chairman John Pilote . Present were' Don Tolley , Ralph Nyblad , Starr Farish , Bud Grant , John Hull , Jim Oates , Tom Ensley , Bill Free , Betty Ann Lodge , Alta Williams and Ken Hopper , Council Repre- sentatives , Mel Lewis and Mayor McCluskey . Starr Farish moved to dispense with the reading of the April 17 minutes and approve them as written . The motion was seconded by John Hull and carried unanimously . The first eight items on the agenda were public hearings . John Pilote opened the public hearing on a proposed amendment to the subdivision ordinance . This essentially removes industrial sub- divisions from the ordinance and permits the City Council to deter- mine at what point the subdivision ordinance applies . The only testimony offered was from Dick Winder , representing the Industrial Committee of the Chamber of Commerce , who indicated that the Chamber has long studied the issue and finds the proposed amendment to be the best solution for industrial development in Caldwell . He urged the Commission to forward the amendment to the City Council with 0-5-1 their recommendation . The public hearing was closed and a motion made and seconded by John Hull and Ralph Nyblad to recommend to the City Council that the subdivision ordinance be amended as pro- posed . Motion carried unanimously . eN The next public hearing held was for a variance requested by Dr . Dole to locate h parking spaces in the setback area of his prof- essional office at 1920 Ellis . The parking will be located in front of a proposed addition in the setback of the Hazel Street side . No testimony was heard from the audience and the hearing was closed . 0-5-2 Don Tolley moved to grant the variance since the parking as requested was in accord with the standard parking for this particular profes- sional office area . The parking must be on Dr . Dole ' s property and not on the right-of-way . The motion was seconded by Starr Farish and carried unanimously . Opened next was a public hearing for a special use permit to operate an indoor amusement center in part of the building at 103 S . Kimball . Mr . Lewis read a letter from Bob Jackson , East Cleveland Associates , (owners of the building), explaining that restrictive covenants were to be placed in the lease regarding the recreation center in hopes that it would not conflict with adjoining businesses and that it would be for young people . The letter is on file in the Engineering Department . Bill Hay , Wood ' s Jewelry at 109 S . Kimball , was recog- nized and stated he did riot wish to testify against the center but was concerned about parking which was already a problem for his cus- tomers as well as employees and owners of businesses in the block . Bob Gushwa , real estate agent for the lease transaction between East Cleveland Associates and Hector Villarreal , said it was the intention to provide employee parking in the City parking lot nearby . Mr . Lewis eqN then read a letter from Chief Astleford recommending the special use permit be granted if the restrictions in the lease are complied with . It was the Chief ' s understanding that the amusement center will cater to young people and families where no intoxicating beverages will be served . This letter is also on file in the Engineering office . -1- -2- Among the restrictions in the lease , according to a letter submitted by White-Riedel , are : 1 . Smoking will be allowed in designated areas only . 2 . The establishment shall be closed to business no later than 10 : 30 p .m . on weekdays . 3 . Parking will be contracted for in the City lot near the railroad tracks on Kimball . 4 . No service shall be given to persons under the influence of alcohol . 5 . No loitering shall be permitted inside or outside of the building . Adult supervision shall be present during business hours . A list of signatures of nearby business person:; assenting to the opening of the amusement center was also presented and is on file . There was some discussion on jukeboxes and noise problems , business hours (Mr . Villarreal indicated he would not remain open after 10 : 30 p .m . on weekends as well as week days ) , and control of refuse and litter . Tom Ensley moved that the special use permit be granted for the amuse- ment center at 103 S . Kimball subject to the following : 1 . No opera- tion later than 10 : 30 p .m . 2 . No alcoholic beverages . 3 . Owner- 80-5-3 operator would provide off-site parking for employees . The motion was seconded by Betty Ann Lodge . In further discussion , it was sug- gested that the motion be amended to define the limits of the space as that formerly occupied by Lee ' s Western Wear ( approximately 2700 square feet on the main floor of the Western Building ) . Don Tolley moved that the permit be granted for __- 4 . one year subject to review . The motion died for lack of a second . The motion to grant the permit with the conditions and as amended carried unanimously . A public hearing was then held on a request from Lasher Construction for a special use permit to construct zero lot line duplexes for division of ownership on the 10 lots in Starlight Park , Unit 2 . Mr . Lewis explained that the procedure being followed to allow separate ownerships was the granting of a special use permit , platting of the lots to insure the property line is in the proper place and recording of protective covenants for common interests . Since the zoning is R-2 medium density residential , all of the lots could have duplexes . Lasher Construction has indicated they want the flexibility of dividing ownerships . Judy Moore was present to answer questions . Dawn Murphy , 1615 Marshall Avenue , said she was representing Dick Cleveland ' s estate which includes a 5-acre tract on S . Georgia . According to Mrs . Murphy , Lasher and her grandfather had an oral agreement that he would donate part of the right-of-way and participate in paving the road ( Spruce ) under the condition that no multiple family units would be allowed . She and the family would prefer to see single family residences for Spruce . Tom Lynch , Route 3 , spoke in favor of zero lot line duplexes as he felt people took more pride in property which they owned . As there was no further testimony , the public hearing was closed . After a discussion , a 80-5-4 motion was made and seconded,. to grant the special use permit to divide ownership of duplexes in Starlight Park , Unit 2 , which is in an R-2 zone subject to meeting the requirements of platting and protective covenanteby John Hull and Ralph Nyblad . Motion carried unanimously . A public hearing was opened next to consider a special use permit eIrequested by Idaco Development to allow zero lot line construction ! of duplexes for division of ownership on 4 corner lots in 3rd Park- side Addition . The zoning is H-2 . Parcel //1 is located on the south- east corner of the intersection of Airport and Sunnyside , Parcel /`2 on the Southeast corner of the intersection of Parkhurst and Airport , -3- Parcel #3 on the northwest corner of the intersection of Parkhurst and Sunset and Parcel 24 on the northwest corner of the intersection egil of Woodlawn and Sunset . The only comment from the audience was a request from Curt Sower to have the term " zero lot line" explained 80-5-5 to him which the City Engineer did . After a discussion , Starr Parish and John Hull moved and seconded to grant the special use permit subject to platting and filing documents setting forth common inter- ests . Motion carried unanimously . The public hearing for a variance to enclose the side yard of the corner lot at 1805 Blaine with a 6-foot wooden fence was not held as the resident had already constructed the fence . A building permit was not obtained but it would not have been issued until 30-5-6 the variance was granted . After a discussion , a motion was made and seconded by Starr Parish and Bud Grant to recommend that the Building Department and City administration take whatever steps are necessary to correct this violation . The vote was 4 in favor and 4 opposed to the motion . The Chairman cast the tie-breaking vote in favor of the motion . Motion carried . Considered next was a site plan for a mobile home park on Plymouth Street for which a special use permit was recently granted . Accord- ing to the mobile home park ordinance , a site plan requires a public hearing . Mr . Knight ' s plan is being considered under the following exceptions to the ordinance : a ) The access roadway will be gravel and will be paved later . b ) One private disposal system now exists and two more will be provided . c ) There is a private well which /'1411 must meet the requirements of the Southwest Health District . d) Fenc- ing or landscaping is not planned other than what isthere . e ) Central services and laundry facilities are not planned to be provided . f ) Lighting will be a night yard light as provided by Idaho Power . 80-5-y No testimony was offered from the audience . Don Tolley moved to accept the site plan as submitted for 5 mobile homes as the proposed court would be a good land use for that area . The motion was seconded by Ralph Nyblad and carried unanimously . Public hearings were then held on Comprehensive Plan considerations prior to annexation of requested tracts on S . Kimball and S . Florida Avenues and adjacent to and including part of the Caldwell Industrial Airport . The Lawrence property on S . Kimball is a 20-acre tract less approxi- mately 3 acres under different ownership which is not included in the annexation request . Report of the staff site inspection is as follows : Present land use of the property is farmland . Proposed use is single family residential . Cedar Park Subdivision is to the east across Kimball . North of Beech are 3 residences , farm- ground and pasture and to the west is farmland . On the south is the Hilldrop Ranch and Hilldrop Subdivision . The area is predominantly low density residential and agricultural . Land /IN use designation on the City and County Plan is low density residential . City water is available along Kimball on the east side practically the length of the tract . Sewer is not • - 4- available until 3/3 of a mile of interceptor is laid from Linden . The staff would recommend that all development within the proposed annexation must be on sewer . There are drainage problems to work out and development would require obtaining off-site easements to the public for drainage ways . After a discussion , it was found that no Comprehensive Plan changes would be required as the intent of development was compatible with the land use shown on the Plan and utilities could be provided with 80-5-8 the problems being worked out . It was moved and seconded by Jim Oates and Don Tolley to adopt the site inspection report as the findings of the Commission for annexing the Lawrence property . John Pilote then opened the hearing to take testimony . Betty McLaughlin , 219 Hilldrop , asked if the developer was aware that the money that was supposed to put water and sewer in areas that were previously going to be annexed is now appropriated to indus- trial areas to the southeast so he would have to wait until there was money to run the sewer the extra 3/3 of a mile . Mr . Lewis said he was not aware of the Council ' s intent to commit funds now for any project except the southeast interceptor . The S . Kimball area will not be developed without sewer , but it has not been determined at this time how it will get there . The only other comment was from GaryMabe , 3308 S . Kimball, who wanted to know if there were any restric- tions in that area as to the type of houses that could be built . He was informed it would be subject to the R-1 zoning restrictions of the City and no mobile homes would be allowed . The public hearing was closed and a motion was made and seconded by Tom Ensley and Ralph "110-5-9 Nyblad that no Plan change was necessary to annex the Lawrence property and to set a public hearing for a zoning recommendation of R-1 single family residential for June 19 . Motion carried unanimously . The City (Goiri ) property , Lots 7 and 3 of Longview Place , and the Harris property , Lots 5 and 6 of Longview Place , in the vicinity of the airport were reviewed by the City Engineer . The land use desig- nation in the Comprehensive Plan is industrial and the uses planned for the area upon annexation are to be industrial . City water would be available from the airport , but a considerable number of feet of main would have to be laid to provide water . Sewer is not available : The nearest sewer is on the other side of the interstate and it would take the southeast interceptor to adequately serve this area . Drain- age doesn ' t appear to be any problem because of drain ditches bordering the property . An industrial zoning has been requested upon annexation . The public hearing was opened to take testimony . As there were no comments from the audience , Pilote closed the public hearing . A 30-5-10 motion was made and seconded by John Hull and Tom Ensley to accept the Engineer ' s staff report as the findings of the Commission in determining no Comprehensive Plan change would be required for annexation of the above properties as the land uses would be in ac- 80-5-11 cord with the Plan . Motion carried unanimously . Bud Grant and John Hull then moved and seconded to set a public hearing for June 19 to consider a zoning of M-1 Light Industrial upon annexation for the City (Goiri ) and Harris tracts . Motion carried unanimously . The tract of land on S . Florida Avenue being considered for annexation is bounded by Florida , the Lowline Canal and Starlight Park , Unit 1 , on the north . A preliminary plat of this area has been approved as Starlight Park , Unit 3 . Water and sewer are readily available . • -5- Drainage systems have been adequately worked out and would be approved . The Plan shows the use as low density residential both in the County and the City and the proposal here is for single family residences . The character of the land surrounding the parcel is predominantly farms and single family residences , although there is a trucking business on the south triangle between this property and the canal . The above was reported by the City Engineer as determined in a site inspection by the Engineering staff . No testimony was offered during the hearing on the Plan change considerations . It was moved 30-5-12 and seconded by Jim Oates and John Hull to make the staff report a record of the findings of the Commission in evaluating that no Plan change would be necessary for annexing proposed Starlight Park , Unit 3 . Motion carried unanimously . A public hearing will be held June 19 on the proposal to zone this parcel H-1. Residential upon annexation . A request has been submitted by Chuck Karn and Gene Baxter to renew the special use permit which had been issued May 17 , 1979 , for a pro- fessional office at 10th and Everett . Due to extenuating circumstances , they have been unable to proceed as rapidly as they had hoped in the 80-5-13 construction of the office . It was moved by Toni Ensley to extend the permit for one year . The motion was seconded by Betty Ann Lodge and carried unanimously . Next item on the agenda was a request from the property owners and residents in Block 1 , Blatchley Addition-Block 16 , Washington Heights , Steunenberg and hands Addition , which is the block bounded by 21st and 22nd Avenues and Blaine Street and Cleveland Boulevard , to rezone rett the block from R-3 to C-1 or C-2 Commercial . It was pointed out that a Plan change to a general commercial land use will be required before rezoning could occur . Mr . Lewis commented that he would stipulate accesses on Blaine and Cleveland be limited to the accesses that are already there . The reason for this is if it gets to be a retail area with cars entering and leaving , there would be some pressure to lower the speed limit which is 35 mph and this would be unenforceable there . It was his opinion if the City didn ' t limit the accesses , the Highway Department would . Harold Doan and Orville Collins were present to discuss the request . Ar . Collins indicated they would like to have the zoning changed from the standpoint of being able to put in pro- fessional office buildings without the requirement of the special use permit in the R-3 zone . He stated further that there are only two owner-occupied dwellings in the block and the rest are rentals which are deteriorating . There are two professional office occupancies on Blaine . A garage-auto repair is being conducted on one of the pro- perties and he pointed out that professional buildings are usually well-kept and attractive . The block is bordered on two sides by C-2 Commercial . Across Blaine are the bowling alley and Victor ' s and diagonally across is the field house . A large mostly vacant two- block area owned by the Les Schwab Corporation is across 22nd . The other two sides are bordered by R-2 Residential , including the College of Idaho on Cleveland and residences across 21st . All of the deeded owners , the residents and the two properties across 21st have given their consent for a commercial zoning . As a Plan change would be r0S5-114 required before the block could be rezoned , Jim Oates and Torn Ensley moved and seconded to establish a public hearing on June 19 to con- sider a land use change from high density residential to general commercial for the block . Motion carried unanimously . Mr . Lewis -6- requested guidance from the Commission in the procedure to be followed as the ordinance does not require notices be sent out for Plan change - 5-15 hearings . Betty Ann Lodge and Jim Oates moved and seconded to send notices to property owners within 300 feet, of the property under consideration in addition to the legal notice required . Motion carried . No one was present to represent a request to store lumber and mater- ials at the Copeland yard . In further action , the Commission approved the expansion plans for the Child Development Center at the Health and Welfare office on S . Kimball . The Plan and zoning were changec{ to high density resi- dential and R-3 last year for Tom Sanders to accommodate the addition 80-5-16 to the facilities . Moved by John Hull , seconded by Ralph Nyblad to approve the plans as submitted . Motion carried unanimously . Jerry Johnson , 2616 S . Illinois , appeared before the Commission to discuss a fence he was replacing on the side yard of his property . There had been a 6-foot high fence of wire covered with slats and foliage that he was replacing with a solid fence slightly lower ( 5 ' ) . Mr . Lewis indicated that although the fence encloses the side yard of a corner lot and is located 1/2 feet behind the curb on the right-of-way , some consideration could be given to replacement of an existing fence . He would stipulate that Johnson make available a sewer manhole that was inside the fence . The fence does not appear to be a safety problem or an obstruction . After a discussion , 80-5-17 John Hull moved and Tom Ensley seconded the motion to allow Mr . Johnson to replace an existing fence in this particular instance . This would not establish a precedent for future situations . Motion carried unanimously . John Pilote then informed the Commission he would like to see the section of the ordinance on fences and the policies reviewed and clarified for back , side and front yards . Vision or solid fences , heighths and locations should also be examined . He appointed Betty Ann Lodge , Tom Ensley and himself as a committee to study fences and come back with a recommendation . Mr . Bushnell ' s development was deleted from the agenda as no re- presentative was present . Jon Wyman and Ken Marema are contemplating a multi-family develop- ment on part of the former Elks ' property , Tracts J and L of Mountain View Subdivision , and are requesting that the Commission confirm the original special Use permit which wets issued for those tracts several years ago . Their development would be west of Georgia and north of Locust where there is vacant ground south of Sandlewood Apartments . Mr . Lewis stated the Commission has been honoring the old permit and allowing high density residential development here as a buffer between the commercial along Cleveland and residences to the west . In doing this , the criteria in effect at the time has also been used , including the requirement of 3 , 000 square feet per living unit . The developers can meet this requirement but want to sell the units under the townhouse concept . IIIA and VA require a recrea- tion area for a planned unit development if they decide on a P.U .D . and there is also the question of common interests and common grounds for which an association is usually formed to administer . At this -7- time they do not wish to have any common areas and are struggling with the recreation area requirement that is a certain percentage eNik of the total development . They intend to improve Locust Street and meet platting requirements and have indicated they would like to have the City accept an alley for maintenance which will be dis- cussed with the Council . Action at this time would be to let them know if they can depend on the Planning and Zoning Commission honor- ing the old permit so they can proceed on the 3 , 000 sq. ft . per 30-5-13 living unit basis . Moved by John Hull , seconded by Tom Ensley to allow high density residential building on that piece of ground according to the terms of the previously issued special use permit . Motion carried unanimously . Ar . Lewis discussed with the Commission subsequent developments on the Plan change recommendation forwarded to the County for the com- mercial and industrial uses on the west side of Highway 30 north of Rio Vista Acres . It was assumed that the County would take action and proceed to change the Plan and then rezone the property . Mr . Ottens of the County Planning and Zoning office is of the opinion the impact area Plan is the City ' s rather than the County ' s and the City must change it . The City Attorney has been appraised and an opinion requested from him on what the responsibilities of the City are in the impact area for changing the Plan . He will also investigate the agreement between Caldwell and Canyon County on the impact area and advise the City what steps to take for getting the impact area ordinance in agreement with the County ' s . At this time the City ordinance says the impact area is to be administered under City codes and the County ' s says it is to be administered under County codes . In reviewing the by-laws , the Commission noted that the only addition was to amend Section 6 , Page 3 to read , "An official record of all proceedings and actionsof the Commission including the actions of each individual member shall be kept in the event of a roll call vote . " Starr Farish asked to have the minutes show he would like to have information on the organization of the Commission , that it will consist of 12 members with at least two persons living at the time of appointment within the impact area but outside of the City limits , included in the by-laws for the convenience of future Commissions . John Pilote mentioned he would like to have the policy file updated and a copy of the policies furnished to each member . 30-5-19 Ralph Idyblad and Tom Ensley moved to adopt the rules and by-laws as amended in Section 6 as the official rules and by-laws of the Caldwell Planning and Zoning Commission . Motion carried unanimously . Meeting adjourned at 9 : 45 p .m. Respectfully submitted , Sylvia Robison Secretary pro tem 1